Title Insurance Co. of Minnesota v. Agora Leases, Inc.
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Title Insurance Co. of Minnesota v. Agora Leases, Inc.
Opinion of the Court
Defendant Agora Leases, Inc., appeals from a judgment declaring certain real estate and the proceeds from its sale free from a judgment lien under the homestead exemption statutes. Minn.Stat. §§ 510.-01-.09 (1980). The crucial issue is whether the statutory exemption extends to lands in excess of the defined land area limits in a situation in which the excess has no direct value to the judgment creditor. We conclude that the statute must be given its unequivocal meaning that the exemption is measured by land area alone. Accordingly, we reverse and remand for further proceedings, if any.
The facts are not seriously disputed. On July 18, 1979, Agora obtained a judgment against one Angeline Mahmood on a business debt of $9,901. At that time Mahmood owned .77 of an acre of land located in the platted portion of the City of Maplewood. She occupied the property as her homestead until November 28,1980, when she sold it to John R. and Bonnie L. Lugar.
One of the terms of the sale to the Lu-gers was that $14,000 of the purchase price be placed in escrow until Mahmood could obtain a judgment or release freeing the property from Agora’s lien. Mahmood commenced this suit to remove the lien as a cloud on the title. The trial court found that if the parcel is divided into a statutorily exempt one-half acre portion containing the buildings and a .27-acre unimproved portion, the .27-acre portion would be neither saleable nor usable by Agora. There is no separate access to the .27-acre portion as set apart by Mahmood because of roadway and lakeshore easements. A lot of such small size cannot be built upon under applicable ordinances, and a deed conveying it would not be recordable. However, the land would be of value to a contiguous owner for whom none of these problems exists. The trial court removed the lien, reasoning that the lack of value of a .27-acre portion standing alone rendered the
Minn.Stat. §§ 510.01-.09 (1980) govern the exemption of homestead property from liability for debts. We have consistently construed these provisions liberally in favor of the debtor due to their constitutional roots
In the present case, the question of value arises not because the debtor owned an extremely valuable parcel whose size is within the statutory area restrictions, but because she owned arguably valueless land in excess of the prescribed limits. We are not persuaded that value is any more relevant under our statute in this ease than under the circumstances of O’Brien. The statute plainly adopts an area measure for the exemption rather than a value measure. The trial court acknowledged the area limit but applied the de minimis rule, reasoning that since the excess had no value to the creditor, it was legally of no consequence. That rule is inapposite because the statute does not speak in terms of value. When it is applied to area, the statutory measure, the excess in this case is half again as much as allowed, which is hardly de minimis. The clear language of the statute and the importance of certainty in real estate law persuades us that neither legal nor equitable
Reversed and remanded.
. Minn.Const. art. 1, § 12, provides: “A reasonable amount of property shall be exempt from seizure or sale for the payment of any debt or liability. The amount of such exemption shall be determined by law.”
. We would agree with the dissent if the record established the facts that the dissent assumes to be true. The record discloses neither the circumstances under which the escrowed funds were released, nor any basis for determining that Agora was guilty of laches. The case was neither tried nor appealed here on such a theory. If assumptions are to be made, it would seem that the substitution of Title Insurance Company as a party properly leads to a conclusion that it, not the Lugars, will suffer any loss occurring by reason of the premature release of the escrowed funds.
Dissenting Opinion
(dissenting in part)
I respectfully dissent from that portion of the majority opinion which refuses to apply equitable principles to the facts of this case. I agree entirely with the legal proposition contained in the majority opinion that size alone, and not value, determines the extent of the statutory homestead exemption.
However, principles of equity preclude granting relief to Agora Leases, Inc. The judgment sought to be enforced is against Angeline Mahmood, the former owner of the property. The Lugars purchased the property with notice of the judgment. They demanded that $14,000 of the purchase price be escrowed to protect themselves. Mahmood then brought an action against Agora Leases, Inc. to remove the judgment from the property. The trial court incorrectly determined that value, and not size, could be considered and exempted
I would hold that the result reached in the trial is correct, although the reason given is incorrect.
Dissenting Opinion
(dissenting).
I join in the dissent of Justice Todd.
Reference
- Full Case Name
- TITLE INSURANCE COMPANY OF MINNESOTA, John R. Lugar, and Bonnie L. Lugar, Respondents, v. AGORA LEASES, INC., Appellant
- Cited By
- 14 cases
- Status
- Published