DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163060P.pdf 07/12/2018 Thomas J. Litterer v. Rushmore Loan Management
U.S. Court of Appeals Case No: 16-3060
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Colloton, Author, with Wollman and Shepherd, Circuit Judges]
Civil case - Foreclosures. On certification from this court, the Minnesota
Supreme court held that the lis pendens deadline contained in Minn. Stat.
Sec. 582.043, subd. 7(b) cannot be extended upon a showing of excusable
neglect pursuant to Minn. R. Civ. P. 6.02; as the plaintiff failed to file
the lis pendens within the redemption period as required by the statute,
subdivision 7(b) required the district court court to apply the conclusive
presumption that Rushmore complied with requirements of the statute; the
district court correctly determined as a matter of law, that the
plaintiffs were not entitled to relief on their claim under the statute.