Before You Give Money, Make Sure The Mortgage Is Signed

15/ “STRICT COMPLIANCE ON FORECLOSURE”:  Minnesota requires that all the borrowers on a mortgage be a signatory on that mortgage before it can be foreclosed.

In 1994, Anne Detlefson-Delano and her husband D.D. bought property in Harmony.  In 2003, they divorced and Anne was awarded the property.  In 2005, Anne married Jack Antonio.  In July, 2007, they decided to sell the house.  To make sales efforts easier, their realtor persuaded Jack to sign a quit-claim for the property to transfer title to Anne.  Jack signed and the deed was registered.  In January, 2008, Anne secured an $84,000 mortgage with MCU for the property.  Anne persuaded MCU to place both her and Jack’s names on the mortgage and the note.  Anne signed and took the check.  In 2009, Jack left the property, the marriage, and this case.

MCU sued to foreclose.  Anne counter-sued to claim the mortgage on her homestead was void without the signatures of both spouses.  Anne won in the district court.  MCU won in the Court of Appeals.  Anne won before the Supreme Court.

Chief Justice Gildea joined Justice Alan Page who wrote for the unanimous Supreme Court.  Since territorial days, Minnesota has protected individuals from collection claims against their homesteads (currently 160 acres and a value up to $300,000).  One of those protections is that no mortgage can be enforced without the signatures of both spouses.

“We have consistently held that when no exception to the law applies, a conveyance of the homestead by

a married person without the signatures of both spouses is “not merely voidable but is void."


READ THE FULL CASE DECISION: 

Marine Credit Union, Respondent, vs. Anne K. Detlefson-Delano and Jack Antonio, Respondent

May 22, 2013                       2013-069            A11-1925,

https://mn.gov/law-library-stat/archive/supct/1305/OPA111925-0522.pdf