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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Conseco Loan Finance Co. v. Boswell, 687 N.W.2d 646 (2004)

Citation
Conseco Loan Finance Co. v. Boswell, 687 N.W.2d 646 (2004)
Parent Document
Conseco Loan Finance Co. v. Boswell, 687 N.W.2d 646 (2004)
Jurisdiction
Minnesota (state)
Effective Date
2004-10-19

Other Sections in This Document (48)

Full Text

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A residential landlord who stores the personal property of a defaulting tenant on the rental premises does not have a landlord’s lien or a statutory possessory lien in the property. ■ We affirm the district court’s summary judgment in the replevin action determining that Conseco’s perfected security interest in the manufactured home is superior to Uniprop’s claim for preservation and storage costs arising from its on-site storage of the home. The district court did not err in concluding, as a matter of law, that the sheriffs sale failed to extinguish Conseco’s interest in the property. Finally, the joinder of governmental agencies that exercised solely ministerial duties in connection with the property in dispute was not necessary for the district court to exercise declaratory relief. Affirmed.