- -9 On August 22, 1978, by special warranty deed, the City of Grand Forks conveyed lot 15 in block 32 in Grand Forks, North Dakota, to petitioner and Mr. Moosbrugger, doing business as Mack & Moosbrugger, a partnership (the Mack & Moosbrugger partnership). On August 29, 1978, the Mack & Moosbrugger partnership borrowed the principal amount of $125,000 from First National Bank, which was secured by granting a mortgage on lots 14 and 15 of the Third Street property. The mortgage was executed by petitioner and Mr. Moosbrugger as partners of the Mack & Moosbrugger partnership. This mortgage was satisfied on December 31, 1987. On August 29, 1978, when the Mack & Moosbrugger partnership borrowed the $125,000 and granted First National Bank a mortgage on lot 14 of the Third Street property, the property was actually owned by the corporation. In this mortgage, petitioner and Mr. Moosbrugger represented that the Mack & Moosbrugger partnership was lawfully seized of the real estate and had the right to mortgage the property. As president and secretary of the corporation, respectively, petitioner and Mr. Moosbrugger conveyed the Third Street property to the Mack & Moosbrugger partnership on September 29, 1978. The deed was recorded on November 1, 1978. On December 5, 1980, the Mack & Moosbrugger partnership executed a mortgage in favor of First National Bank on the ThirdPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011