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Minnesota Sections 514.18, 514.19 and 336.9-333 – Bailment possessory lien rights of bailee with continuous possession have priority over all security interests, regardless whether secured party has notice of bailee’s lien interest when security interest is created.

Under appropriate circumstances, possession remains king in Minnesota when it comes to lien priority under the Uniform Commercial Code (“UCC”).  The Minnesota Court of Appeals outlined the applicable law governing possessory liens in Dusenbery v… Read More
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Minnesota Stat. Section 504B.001 and 15 U.S.C. §1692a – Attorney’s unlawful detainer action to evict tenant is held to be collecting upon a debt subject to the Fair Debt Collection Practices Act (FDCPA) – different result if the owner of the property is seeking the eviction?

In a Memorandum and Order dated July 18, 2017 the United States District Court for the District of Minnesota ruled this month in the matter of Worley v. Engel, Case No. 17-CV-1105 (PAM/SER), that an attorney’s action to evict a tenant (commonly ref… Read More
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Minnesota Stat. Chapters 580, 581 And 582 - The Minnesota option for banks, lenders and holders of mortgage liens - revisiting the mortgage security after obtaining a money judgment.

During the “great recession” in the past decade, it was common for our bank and lender clients holding a second or third position mortgage securing a defaulted debt to face little or no equity available in the mortgaged property.  In most instan… Read More
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Minnesota Stat. Section 502.76, et seq. - Asking for receiverships and satisfying the subjective burden of proof.

A judicially appointed receiver is an efficient remedy afforded creditors under Minnesota Law.  Under Minnesota’s statutory receivership law, Minn. Stat. § 502.76, et. seq., a creditor’s objective legal entitlement to the appointment of a lim… Read More
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Minnesota Stat. Section 502.76 - Rights of creditors to assets within a revocable trust.

As an attorney often representing banks and other creditors, I have always considered one of the many established principles of common and statutory law in Minnesota to be that assets titled in the name of a revocable trust are directly accessible as… Read More
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15 U.S.C. §1692a(6) - Purchaser of debt collecting on its own account is not a “debt collector ” under the Fair Debt Collection Practices Act (FDCPA).

Many banks, investors and other business entities can take comfort from the recent U.S. Supreme Court decision issued June 12, 2017 in Henson v. Santaner Consumer USA Inc., 137 S.Ct. 1718 (2017), which held that an owner of debt purchased from the de… Read More
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