United States v. Geraldson

882 F. Supp. 911, 1995 U.S. Dist. LEXIS 9001, 1995 WL 244356
CourtDistrict Court, D. South Dakota
DecidedApril 11, 1995
DocketNo. Civ. 94-4125
StatusPublished
Cited by1 cases

This text of 882 F. Supp. 911 (United States v. Geraldson) is published on Counsel Stack Legal Research, covering District Court, D. South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Geraldson, 882 F. Supp. 911, 1995 U.S. Dist. LEXIS 9001, 1995 WL 244356 (D.S.D. 1995).

Opinion

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

Plaintiff, the United States of America, moved for summary judgment in an action seeking foreclosure of a Farmers’ Home Administration mortgage on land owned by Defendants, Gerald I. and Linda H. Geraldson, Docket No. 9. Defendants resist the motion, arguing that the redemption is invalid because the notice of redemption was never filed and that the lawsuit is barred by the doctrine of laches, Docket Nos. 8, 16.

FACTS

On February 20, 1979, Defendants Gerald and Linda Geraldson [Defendants] executed a promissory note in favor of FmHA in the amount of $76,600.00. Doc. 1 at IV. The note was secured by a mortgage on property owned by Defendants in Yankton County, South Dakota. Doc. 1 at V. The Federal Land Bank held a senior lien on the property. Doc. 1 at VII. As of June 22, 1994, $75,126.99 in principal and $92,725.23 in interest remained unpaid. Doe. 1 at XVIII.

On August 1,1986, the Federal Land Bank obtained a judgment of foreclosure against Defendants and FmHA in State court, and the property was sold to the Federal Land Bank, as highest bidder, for $26,235.71 on August 29,1986. Doc. 1 at VII; Doc. 16 at 1.

On August 28, 1987, Defendants quit-claimed their interest in the property and assigned their right of redemption to their son, Kevin G. Geraldson [Kevin Geraldson]. Kevin redeemed the property the same day. No sheriff’s deed was issued. Doc. 1 at VIII.

RULE OF DECISION

“In any action in which” the United States is a creditor, federal law applies to determine the rights of the parties to the debt.” Donovan v. U.S., 807 F.Supp. 560, 564 (D.S.D.1992), aff'd sub nom, Donovan v. FmHA 19 F.3d 1267 (8th Cir.1994) (citing [913]*913US v. Kimbell Foods, Inc., 440 U.S. 715, 126, 99 S.Ct. 1448, 1457, 59 L.Ed.2d 711 (1979)). Section 2410 of Title 28, United States Code, provides for the application of state law, “the local law of the place where the court is situated,” when giving effect to the discharge of a mortgage or lien. 28 U.S.C. § 2410(c) (1994). Therefore, the issues of foreclosure and redemption are properly governed by South Dakota law. Donovan v. FmHA, 19 F.3d at 1268; Donovan v. U.S., 807 F.Supp. at 565. However, laches is an equitable doctrine that operates to bar an entire lawsuit. Goodman v. McDonnell Douglas Corp., 606 F.2d 800, 804 (8th Cir.1979). Federal law properly governs whether laches bars Plaintiffs action.

LACHES

Defendants argue that the doctrine of laches should prevent foreclosure.1 The Supreme Court has stated, “It is well settled that the United States is not ... subject to the defense of laches in enforcing its rights.” U.S. v. Summerlin, 310 U.S. 414, 416, 60 S.Ct. 1019, 1020, 84 L.Ed. 1283 (1940). See Bostwick Irrigation Dist. v. U.S., 900 F.2d 1285, 1291 (8th Cir.1990) (“[W]e have recognized the long-standing rule that laches does not apply in actions brought by the United States.”); U.S. v. Warren Brown & Sons Farms, 868 F.Supp. 1129, 1134 (E.D.Ark. 1994) (“It is well settled that, in an action governed by federal law, the United States is immune from the defense of laches.”). The present action is not barred by the doctrine of laches.

Defendants would also fail were the defense of laches to apply. “For the application of the doctrine of laches to bar a lawsuit, the plaintiff must be guilty of unreasonable and inexcusable delay that has resulted in prejudice to the defendant.” Goodman, 606 F.2d at 804.

The burden of proving laches lies with Defendants. Id. at 806. Defendants submit that seven years is unreasonable delay and that they have been prejudiced because they have made some $10,000.00 in improvements to the property, made “lifetime plans for the use of the crops received” from the property, arranged to transfer the property upon death, planned to retire on the property, and, due to their both being 53, will be unable to reformulate those plans “prior to their being too old to work.” Doc. 16 at 8 & Exhibit “Geraldson Affidavit.” I find that Defendants are not unduly prejudiced by the delay. Defendants have had use of the property during the seven years between redemption and the present foreclosure action; $10,-000.00 is not an excessive amount to spend on improvements in seven years; and plans for one’s retirement and death must be made and revised periodically to accommodate the vagaries of life.

FAILURE TO FILE NOTICE OF REDEMPTION

Defendants argue that the redemption by Kevin Geraldson on August 28,1987, is invalid because the notice of redemption was never filed as required by S.D.C.L. § 21-52-16 (1987).2 Defendants submit that although the redemption is technically void, the Federal Land Bank’s mortgage was satisfied by foreclosure sale and payment of the monies owed by redemption. Defendants propose that the Court order a Sheriffs deed prepared in favor of the Federal Land Bank as purchaser at the foreclosure sale, and further propose the Court order the Bank to quitclaim their interest in Defendants’ property to Defendants because the mortgage has been satisfied. Doc. 16 at 10.

First at issue is whether Kevin Geraldson’s redemption is invalid due to the failure to file [914]*914the notice of redemption.3 Defendants argue that the requirement of filing is mandatory4 and that notice to third parties is “essential to the validity of redemption.” Doc. 16 at 5-6. Defendants posit that failure to strictly adhere to the statutory requirements invalidates the redemption.

The purpose of recordation statutes is to provide notice to third parties:

Since recording is required for the protection of third parties, the recording statutes do not change the rule that an unrecorded deed, mortgage, lease, or other instrument affecting the title to land is valid as between the parties thereto and their heirs, and those claiming under the grantee, and against everyone else who is not within the protection of the recording acts....
Persons protected ordinarily against a failure to record include ... persons with any and all kinds of rights, except the parties thereto and those having notice.

66 Am.Jur.2d Records and Recording Laws § 167 (1973). In a case decided under the former law regarding redemption, the South Dakota Supreme Court wrote, “But under this statute the redemption and the filing of the notice of redemption are distinct acts.... The failure to file the notice of redemption does not render the redemption itself irregular or illegal.” Spackman v. Gross, 25 S.D. 244, 126 N.W. 389, 393 (1910). Filing, while required by S.D.C.L. § 21-52-16, is not essential to the act of redemption itself. I find that the filing of notice of redemption is directory in nature and that failure to comply with the statute does not invalidate the redemption itself.

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Cite This Page — Counsel Stack

Bluebook (online)
882 F. Supp. 911, 1995 U.S. Dist. LEXIS 9001, 1995 WL 244356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-geraldson-sdd-1995.