Split S.D. High Court Upholds Finding That Mortgage Was Void, Unenforceable

Mealey's (February 23, 2023, 3:31 PM EST) -- PIERRE, S.D. — In a split decision, the South Dakota Supreme Court found that a state trial court did not err in determining that a personal loan obtained by the trustee of a spendthrift trust was void and unenforceable because the trustee did not have the authority to obtain the personal loan and mortgage certain property belonging to the trust, even with the consent of the other trust beneficiaries....

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