ALERUS FIN. v. LAMB, 2001 ND 179

Alerus Financial, N.A., formerly known as First National Bank North Dakota, Plaintiff and Appellee v. Timothy C. Lamb and Elizabeth Lamb, a/k/a Elizabeth J. Fletcher Lamb, husband and wife, Defendants and Appellants The Administrator of Small Business Administration, an Agency of the Government of the United States of America; University Heights Townhomes Association, a Non-Profit Corporation; and City of Grand Forks, Defendants Alerus Financial, N.A., formerly known as First National Bank North Dakota, Plaintiff and Appellee v. Timothy C. Lamb and Elizabeth Lamb, a/k/a Elizabeth J. Fletcher Lamb, husband and wife, Defendants and Appellants University Heights Townhomes Association, a Non-Profit Corporation; and City of Grand Forks, Defendants

No. 20010177, 20010178Supreme Court of North Dakota.
Decided December 5, 2001

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Debbie Gordon Kleven, Judge.

AFFIRMED.

Michael F. Daley (argued), Wheeler Wolf, P.O. Box 2056, Bismarck, N.D. 58502-2056 and Linda E. Bata (on brief), Fisher, Olson Bata, Ltd., P.O. Box 5788, Grand Forks N.D. 58206-5788, for plaintiff and appellee.

Timothy C. Lamb (argued) and Elizabeth Fletcher Lamb (appeared), 1704 Belmont Road, Grand Forks, N.D. 58201. Pro se.

Per Curiam.

[¶ 1] Timothy C. Lamb and Elizabeth Lamb appealed from summary judgments foreclosing mortgages on two rental properties. The Lambs allege they raised genuine issues of material fact on the defense of forbearance. The judgments are affirmed under N.D.R.App.P. 35.1(a)(6).

[¶ 2] Gerald W. VandeWalle, C.J.

Dale V. Sandstrom

Carol Ronning Kapsner

Mary Muehlen Maring

William A. Neumann