Legal Memorandum: Validity of Third Party Mortgages in MN

Issue: Is a third party mortgage considered valid in Minnesota?

Area of Law: Business Organizations & Contracts, Real Estate Law
Keywords: Third party mortgage; Language of document; Satisfaction of the underlying debt
Jurisdiction: Minnesota
Cited Cases: 769 N.W.2d 285; 93 N.J. 153; 537 N.Y.S.2d 652; 459 A.2d 1163
Cited Statutes: Minn. Stat. § 580.08
Date: 04/01/2010

Factors considered by the Minnesota courts when deciding whether an employee is acting within the scope of his or her employment are set out in West Bend Mutual Insurance Co v. Broadway Rental Equipment Co., No. C8-96-939, 1996 Minn. App. LEXIS 1222 (Minn. Ct. App. Oct. 22, 1996) (unpublished); see also Hagen v. Am. Agency, Inc., 617 N.W.2d 799 (Minn. Ct. App. 2000) (discussing and applying Restatement (Second) of Agency factors for determining whether an act is within the course and scope of employment).


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