259 N.W. 19 | Minn. | 1935
"That if such mortgagor * * * shall default in the payments, or any of them, in such order required, * * * his right to redeem from said sale shall terminate 30 days after such default and holders of subsequent liens may redeem in the order and manner now provided by law beginning 30 days after the filing of notice of such default with the clerk of such District Court, and his right to possession shall cease and the party acquiring title to any such real estate shall then be entitled to the immediate possession of said premises."
The trial court rightly considered that it had no jurisdiction under § 9633-6 to revise the terms of the extension agreement after the mortgagor had been in default for more than 30 days. By the terms of the statute title had then passed to the mortgagee. The court had no power to take the title from the mortgagee after it had vested in it. Where default occurs, any action to revise or alter the terms of the extension order must be taken within the 30-day period before title passes under the provisions of the act.
The writ is discharged, and the decision of the trial court is affirmed. *498