First International Bank & Trust v. Peterson
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| 20090214 |
First International Bank & Trust, Plaintiff and Appellant
v.
D. Duane Peterson, MID AM Group,
LLC, James R. Bullis, Kevin L.
Christianson, Richard R. Jordahl,
Arlan H. Anderson, Greg Anderson,
and Robert Green, Defendants and Appellees
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Douglas H. Peterson, Defendant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Frank L. Racek |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
11/2009 Argument: 11/09/2009 10:00am
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| ND cite: |
2009 ND 207
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| NW cite: |
776 N.W.2d 543
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
First International Bank & Trust, the Plaintiff/Appellant ("FIB") presents this issue: (1) Must courts enforce a contract where parties have been paid to guarantee payment of mortgage indebtedness remaining after a foreclosure sale, as the guaranty
states, and where they were warned that they would remain liable after a purchase at the Sheriff's Sale on Foreclosure by the mortgage?
Appellee's Statement of the Issues:
Where the Bank bid in the full amount of the indebtedness for a successful purchase of the property at a foreclosure sale, whether there remains any indebtedness to be pursued against the guarantors?
Issues of Anderson, Anderson & Green
[1] Is a personal guaranty extinguished when the lender purchases the underlying mortgaged property for the full amount of the underlying debt without establishing the fair market value or any deficiency as allowed by N.D.C.C. 32-19-06.1?
Issues of Bullis, Christianson & Jordahl
[1] Defendants Bullis, Christianson and Jordahl (the "Christianson Defendants") present this issue: Does liability exist under a personal guarantee of a real estate loan after a foreclosure sale, where the underlying indebtedness has been paid in
full and no deficiency exists?
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| 1 | | 07/20/2009 | |
NOTICE OF APPEAL: 07/16/2009 |
| 2 | | 08/19/2009 | |
RECORD ON APPEAL & Separate Nos. 1 & 52 (Not rec'd: 7, 23, 47, & 68--tapes) |
| 3 | | 08/25/2009 | |
APPELLANT BRIEF (E-Filed) |
| 4 | | 08/25/2009 | |
E-FILED BRIEF (ATB) |
| 5 | | 08/25/2009 | |
APPELLANT APPENDIX (E-filed) |
| 6 | | 08/25/2009 | |
E-FILED APPENDIX (ATA) |
| 7 | | 08/26/2009 | |
Received $25 surcharge for ATB & $80.50 surcharge for ATA (Receipt Nos. 18973 & 18974) |
| 8 | | 08/28/2009 | |
Received copies of ATB from CSD |
| 9 | | 08/28/2009 | |
Received copies of ATA from CSD |
| 10 | | 09/23/2009 | |
APPELLEE BRIEF-D.DUANE PETERSON & MID AM GROUP, LLC |
| 11 | | 09/24/2009 | |
DISK-AEB-D.DUANE PETERSON & MID AM GROUP, LLC |
| 12 | | 09/24/2009 | |
APPELLEE BRIEF (Bullis, Christianson & Jordahl)(E-filed; PDF) |
| 13 | | 09/24/2009 | |
E-FILED BRIEF (AEB of Bullis, Christianson & Jordan)(PDF) |
| 14 | | 09/25/2009 | |
APPELLEE BRIEF - Anderson, Anderson, & Green (E-filed) |
| 15 | | 09/25/2009 | |
E-FILED BRIEF (AEB of Anderson, Anderson & Green) |
| 16 | | 09/28/2009 | |
Received $25 surcharge for e-filed AEB of Anderson, Anderson & Green (Receipt #19008) |
| 17 | | 10/01/2009 | |
Received 7 copies of AEB of Anderson,Anderson & Green from CSD |
| 18 | | 10/02/2009 | |
Rec'd proof of svc. of AEB-D. Duane Peterson & Mid Am Group |
| 19 | | 10/05/2009 | |
Received $25 surcharge for AEB of Bullis, Christianson & Jordahl (Receipt #19021) |
| 20 | | 10/12/2009 | |
Received 7 copies of AEB of Bullis, Christianson & Jordahl from CSD |
| 21 | | 10/12/2009 | |
REPLY BRIEF of Appellant (E-filed) (PDF) |
| 22 | | 10/12/2009 | |
E-FILED BRIEF (RYB) (PDF) |
| 23 | | 10/14/2009 | |
Received 7 copies of RYB from CSD |
| 24 | | 10/20/2009 | |
NOTICE OF ORAL ARGUMENT SENT |
| 25 | | 11/09/2009 | |
APPEARANCES: Roger J. Minch/James R. Bullis & Todd E. Zimmerman |
| 26 | | 11/09/2009 | |
ARGUED: Minch/Bullis/Zimmerman |
| 27 | | 11/09/2009 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 12/15/2009 | |
DISPOSITION: AFFIRMED |
| 29 | | 12/15/2009 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 30 | | 12/15/2009 | |
Costs on appeal taxed in favor of Appellee. |
| 31 | | 12/16/2009 | |
Judgment Sent to Parties |
| 32 | | 12/16/2009 | |
Corrected Opinion Page 7, para 15, line 16. |
| 33 | | 01/11/2010 | |
MANDATE |
| 34 | | 01/21/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |