Karnitz V Well Fargo Bank N A No 08 2100

District court’s grant of summary judgment for plaintiff is reversed where the court erred in holding the mortgage was invalid under state law because both spouses did not sign it, as: 1) plaintiffs are estopped from claiming invalid mortgage since the nonsigning spouse knew of and intended to mortgage the homestead; 2) she retained benefits; and 3) the bank significantly changed its position in reliance on validity of mortgage. 

Read Karnitz v. Well Fargo Bank, N.A., No. 08-2100

Appellate InformationAppeal from the United States District Court for the District of Minnesota.Submitted: February 12, 2009Filed: July 17, 2009

JudgesBefore WOLLMAN, HANSEN, and BYE, Circuit Judges.Opinion by HANSEN, Circuit Judge.Dissenting Opinion by Bye, Circuit Judge.

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