§ 507.01
Citing Cases (17)
Minnesota Supreme Court
Amos Graves v. Michael Wayman, First Minnesota Bank · 2015 4 citations [Dissent]
+ 4 more citations in this opinion.
Marine Credit Union v. Detlefson-Delano · 2013 1 citation
+ 1 more citation in this opinion.
Lucas v. Independent School District No. 284 · 1988 1 citation
+ 1 more citation in this opinion.
Staples v. Miller · 1982 1 citation
+ 1 more citation in this opinion.
Minnesota Court of Appeals
ROA Rochester v. City of Byron · 2024 1 citation
+ 1 more citation in this opinion.
Merceil Burkhalter v. Dedrick D. Mays, Building Trades Federal Credit Union · 2016 1 citation
+ 1 more citation in this opinion.
CitiMortgage, Inc. a successor by merger to ABN AMRO Mortgage Group, Inc. v. Sandra Lee Akers, William Lee Akers · 2014 2 citations
+ 2 more citations in this opinion.
HSBC Mortgage Services, Inc. v. Graikowski · 2012 1 citation
+ 1 more citation in this opinion.
National City Bank v. Engler · 2010 1 citation
Under Minn. Stat. § 507.02, “[i]f the owner is married, no conveyance of the homestead, except a mortgage for purchase money under section 507.03 ... shall be valid without the signatures of both spouses.” A mortgage is defined as a conveyance. Minn. Stat. § 507.01 (2008). If a conveyance of a homestead is made without the signature of both spouses, the transaction is “not merely voidable but is void and the buyer acquires no rights whatsoever.” Dvorak v. Maring, 285 N.W.2d 675, 677 (Minn.1979). The purpose of Minn. Stat. § 507.02 is to ensure “a secure homestead for families” by “protecting the alienation of the homestead without the willing signature of both spouses.” Wells Fargo Home Mortgage, Inc. v. Newton, 646 N.W.2d 888, 895 (Minn.App.2002) (quotations omitted), review denied (Minn. Sept. 25, 2002). There is no dispute here that the mortgage was secured by a homestead; the mortgage was a conveyance; and the Englers were married.
Gores v. Schultz · 2009 1 citation
+ 1 more citation in this opinion.
Washington Mutual Bank, F.A. v. Elfelt · 2008 1 citation
+ 1 more citation in this opinion.
Wells Fargo Home Mortgage, Inc. v. Chojnacki · 2003 1 citation
+ 1 more citation in this opinion.
U.S. District Court, D. Minnesota
United States v. Meadows · 2016 2 citations
+ 2 more citations in this opinion.
Larson v. Wells Fargo Bank N.A. · 2011 2 citations
+ 2 more citations in this opinion.
Thomson v. United States · 1994 2 citations
+ 2 more citations in this opinion.
U.S. Bankruptcy Court, Bankr. D. Minnesota
Holmes v. Deutsche Bank National Trust Co. (In Re Holmes) · 2009 2 citations
+ 2 more citations in this opinion.
+ 2 more citations in this opinion.