For some time now, Minnesota Litigator has noted the on-going “non-signing spouse” scenario — that is, cases in which a lender seeks to enforce a mortgage against a borrower only to have a hidden spouse pop up and, relying on Minn. Stat. § 507.02, argue that the mortgage is void because one of two of a married couple did not sign the mortgage.
Here’s a twist: the absent non-signing estranged wife goes on the offensive, heading into court as a plaintiff to void the mortgage securing the loan her long-alone “husband” took out. And she wins.
In Larson v. Wells Fargo, on behalf of plaintiff Angelia Larson, St. Cloud solo/small firm lawyer Samuel V. Calvert went toe-to-toe with Wells Fargo Bank N.A., represented by Twin Cities powerhouse firm Faegre & Benson and plaintiff won summary judgment before U.S. District Court Chief Judge Michael J. Davis (D. Minn.)
The case raises many interesting issues. Among them, how are Angelia Larson’s damages measured? Wells Fargo foreclosed the mortgage and sold the property. Does Larson get all of that money? Half of it? Are her damages measured in some other way?
Minnesota Litigator predicts that appeal is likely. Stay tuned…