CUNA Mortgage v. Aafedt
Supreme Court of North Dakota
459 N.W.2d 801 (1990)
Relevant factsFree
After defaulting on their mortgages, the Aafedts (defendants) offered to reconvey their properties to CUNA (plaintiff) to avoid foreclosure, but CUNA rejected the offer because accepting the properties would make it ineligible for HUD funding backing the loans; the Aafedts nonetheless executed and recorded a quitclaim deed to CUNA without CUNA's knowledge, then moved to dismiss CUNA's foreclosure action on the theory the properties had already been reconveyed.
IssueFree
Whether conveyance by deed automatically takes effect upon the delivery of the deed by the grantor to the grantee.