John Finstad and Lorie Finstad v. James Gord and Wendy Gord, Beresford Bancorporation, Inc., People’s Holding Company, and all other persons unknown claiming any estate or interest in, or lien or encumbrance upon, the property described in the Complaint

Summary

The North Dakota Supreme Court affirmed summary judgment declaring James and Wendy Gord owners of farmland in Ransom County. The court held that the Finstads’ delivered and recorded quitclaim deed to Beresford unambiguously conveyed all of their rights, title, and interest, and that parol evidence could not be used to vary the deed. Because the Gords were subsequent third-party purchasers entitled to rely on the record title, the Finstads lacked standing to challenge the deed from Beresford to the Gords.

Holdings

1. The Finstad-Beresford quitclaim deed clearly and unambiguously conveyed all of the Finstads’ right, title, and interest in the farmland to Beresford upon delivery.
2. The parol evidence rule barred consideration of extrinsic evidence offered to contradict or vary the terms of the complete, unambiguous, delivered, and recorded quitclaim deed.
3. The Finstads lacked standing to challenge the Beresford-Gord deed because they no longer had an estate, interest, lien, or encumbrance in the property.

Questions Presented

1. Whether the Finstad-Beresford quitclaim deed clearly and unambiguously conveyed all of the Finstads’ right, title, and interest in the farmland.
2. Whether the parol evidence rule barred the Finstads from introducing extrinsic evidence to show that the quitclaim deed was intended only as security for a continuing mortgage relationship.
3. Whether the Finstads had standing to challenge the subsequent Beresford-Gord quitclaim deed after the court concluded they no longer had an interest in the property.

Disposition

affirmed