arrow left
arrow right
  • U.S. Bank National Association vs Jeffrey J Williams Eviction (UD) document preview
  • U.S. Bank National Association vs Jeffrey J Williams Eviction (UD) document preview
  • U.S. Bank National Association vs Jeffrey J Williams Eviction (UD) document preview
  • U.S. Bank National Association vs Jeffrey J Williams Eviction (UD) document preview
  • U.S. Bank National Association vs Jeffrey J Williams Eviction (UD) document preview
  • U.S. Bank National Association vs Jeffrey J Williams Eviction (UD) document preview
  • U.S. Bank National Association vs Jeffrey J Williams Eviction (UD) document preview
  • U.S. Bank National Association vs Jeffrey J Williams Eviction (UD) document preview
						
                                

Preview

13-CV-23-155 Filed in District Court State of Minnesota 2/27/2023 3:50 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF CHISAGO TENTH JUDICIAL DISTRICT ___________________________________ COURT FILE NO. __________ U.S. Bank National Association, COMPLAINT IN EVICTION Plaintiff, vs. Jeffrey J Williams, John Doe and Mary Rowe, Defendant(s). ___________________________________ Orin J. Kipp, attorney for Plaintiff herein, being first duly sworn, on oath complains and states as follows: 1. That he is the attorney for U.S. Bank National Association, Plaintiff herein. 2. That Plaintiff is now the owner of the following described property located in Chisago County, Minnesota, having a street address of 30570 Regal Ave, Shafer, MN 55074, including all outbuildings and garage(s), and legally described as follows: Lot 25, Block 2, Buffalo Ridge 2nd Addition, Chisago County, Minnesota. 3. That the property was sold at a sheriff's sale held on August 11, 2022, pursuant to a mortgage foreclosure on the property. Said sale was subject to a redemption period of six (6) months, which has now expired with no redemption being made by the mortgagor. A true and correct copy of the Sheriff's Certificate of Sale and Foreclosure Record is attached hereto. 4. That Plaintiff is now the fee owner of the property and is entitled to possession thereof. 5. That Defendant(s) is/are still in possession of the property. 13-CV-23-155 Filed in District Court State of Minnesota 2/27/2023 3:50 PM 6. That Plaintiff has fully complied with Minnesota Statutes § 504B.181, by actual knowledge of the Defendant(s). WHEREFORE, Plaintiff demands judgment against Defendant(s) for restitution of the property. Dated: February 27, 2023 WILFORD, GESKE & COOK P.A. _____s/ Orin J. Kipp______________ Orin J. Kipp, #0390438 Attorneys for U.S. Bank National Association 7616 Currell Blvd; Ste 200 Woodbury, MN 55125-2296 (651) 209-3300 THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 13-CV-23-155 Filed in District Court State of Minnesota 2/27/2023 3:50 PM STATE OF MINNESOTA COUNTY OF WASHINGTON Orin J. Kipp, being first duly sworn, says that he is the attorney for U.S. Bank National Association. That the allegations contained in the Complaint are true to his own knowledge except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116 Dated: February 27, 2023 ___s/ Orin J. Kipp____________________ Orin J. Kipp ACKNOWLEDGMENT The Plaintiff, by its attorneys, acknowledges that sanctions may be imposed under Minn. Stat.§549.211. Dated: February 27, 2023 WILFORD, GESKE & COOK P.A. ____s/ Orin J. Kipp______________ Orin J. Kipp, #0390438 Attorneys for U.S. Bank National Association 7616 Currell Blvd; Ste 200 Woodbury, MN 55125-2296 (651) 209-3300 13-CV-23-155 Filed in District Court State of Minnesota 2/27/2023 3:50 PM NON-MILITARY AFFIDAVIT Orin J. Kipp, being duly sworn on oath, deposes and says that he is the attorney for Plaintiff in the above-entitled action; that, to the best of his/her knowledge, Defendant(s) named above is/are not now in the military or naval service of the United States; and that this affidavit is made in compliance with the Servicemembers Civil Relief Act. (50 U.S.C. Appx.§ 501, et seq.). Additionally, I am unable to determine the military status of any unnamed or unknown occupants as I do not have sufficient information to determine their military status. I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116. Dated: February 27, 2023 ________s/ Orin J. Kipp______________ Orin J. Kipp 13-CV-23-155 Filed in District Court State of Minnesota M""1Fe""'2°23 "2959"" Department of Defense Manpower Data Center 2/27/2023 3:50 PM SCRA 5.15 Status Repm-t Pursuant to Servicemembcrs Civil Relief Act SSN Birth Date: Last Name: WILLIAMS First Name: JEFFREY Middle Name: J Status As Of: Feb-27-2023 Certificate ID: CDBVKCPVNH8BODV OnAcliveDulyOnAcfiveDulysmsDate AdiveDutyStth AdiveDulyEndDate Sflus Semeewm NA No LeflAcfiveDlnyVflthDawdAcfiveDlltyShhxsm ActiveDulySh'tDm AdiveDulyErIdDm Suns SemeeCoImorm NA No mmmmnmmummmmmasnmummmmmuyMsm HemmbWFfisMeruflWasdedaFmmmAcfiveDmymWeMmM OWNWWSHHDM OIUerNolifififionEndDate Stills WW NA No mmmmmermmudummmmmnofifimmwuamm Upon searching the data banks d the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Unifonned Services (Anny, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense Manpower Data Center - 400 Gigling Rd. Seaside, CA 93955 13-CV-23-155 Filed in District Court State of Minnesota ' . Doc# A-66l470 2/27/2023 3:50 PM ' Recorded on: August 1 l, 2022 12:53 PM KAREN NI LONG CHISAGO COUNTY RECORDER CHISAGO COUNTY. MN Fee: $46.00 Pages: 8 Returned To: WILFORD, GESKE & COOK. P~\ no oeunoueur TAX Tumour 0 rod Chl- Audlto DCIMV IQ.0'010/1.g»g SHERIFF'S CERTIFICATE OF SALE AND FORECLOSURE RECORD MORTGAGE DOCUMENT #A-6 1 03 82 DRAFTED BY: Wilford, Geske & Cook, RA. 7616 Currell Boulevard, Suite 200 Woodbury, MN 55125 FILE NUMBER: 051070-F1 SEND TAX STATEMENTS TO: US. Bank National Association 4801 Frederica Street Owensboro, KY 42301 -2046 Parcel Number: 180010728 13-CV-23-155 Filed in District Court State of Minnesota 2/27/2023 3:50 PM SHERIFF'S CERTIFICATE OF SALE AND FORECLOSURE RECORD SHERIFF'S CERTIFICATE OF SALE STATE OF MINNESOTA COUNTY OF CHISAGO 3'3" Welx hfi'eIeDemeafr, Sherifi of the County of Chisago, State of Minnesota, do hereby certify that pursuant to the printed Notice of Foreclosure sale hereto attached and the power of sale contained in the following described mortgage: DATE OF MORTGAGE: June 29, 2018 MORTGAGOR(S): Jeffi'ey J Williams, a married man MORTGAGEE: Mortgage Electronic Registration Systems, 1110., as mortgagee, as nominee for Guaranteed Rate, Inc., its successors and assigns, its successors and assigns DATE AND PLACE OF RECORDING: Recorded: July 5, 2018 Chisago County Recorder Document Number: A-6l 03 82 LOAN MODIFICATION: Dated: February 11, 2020 Recorded: February 18, 2020 Document Number: A-627485 ASSIGNMENTS OF MORTGAGE: And assigned to: U.S. Bank National Association Dated: February 25, 2019 Recorded: February 25, 2019 Chisago County Recorder Document Number: A-61 6922 Transaction Agent: Mortgage Electronic Registration Systems, Inc. Transaction Agent Mortgage Identification Number: Lender/Broker/lvlortgage Originator: Guaranteed Rate, Inc. Residential Mortgage Servicer: U.S. Bank National Association COUN'I Y IN WHICH PROPERTY IS LOCATED: Chisago Property Address: 30570 Regal Ave, Shafer, MN 55074 Tax Parcel ID Number: 180010728 I did, at the time and place in said notice specified: DATE AND TIME OF SALE: August 11, 2022 10:00 AM PLACE 0F SALE: County Sheriffs ofiice, 313 North Main Street, Room 100, Center City, Minnesota otter for sale and sell at public auction to the highest bidder and best bidder, the tract of land described as follows, to wit: 13-CV-23-155 Filed in District Court State of Minnesota 2/27/2023 3:50 PM Lot 25, Block 2, Buffalo Ridge 2nd Addition, Chisago County, Minnesota and did strike off and sell the same to: US. Bank National Association for the sum of: $206,190.00 said purchaser being the highest bidder and said sum being the highest and best bid offered therefore and that said sale was in all respects openly, honestly, fairly, and lawfully conducted, and the time allowed for redemption by the mortgagor(s), their personal representatives or assigns is six (6) months from the date of said sale. Interest rate on the date of sale: 3.37500% IN TESTIMONY WHEREOF, I have hereunto set my flon AN'D ' IAugust6—5fi022 "as, STATE OF MINNESOTA COUNTY OF CI-llSAGO By 4f! D Q , Deputy On Augu 11, 2022, before me personally appeared C BUS'rt-J 'fl/1') ,known to be the (Hi In?! 9 1.1% Sheriff of said County, and the person described in and who executed the foregoing ITI rument, ackxfiiwledged that he/she executed the same as his/her free act and deed as such VJ" (br' .4 7 Sheriff. ' II}, POLLY A ZAIS i115" Anypuauc-MINNesom 'In "immmapmmsn.2oza [:'Poii ,u 911,14 0" 0 13-CV-23-155 Filed in District Court State of Minnesota 2/27/2023 3:50 PM Chisago County Press Affidavit of Publication STATE OF SS COUNTY OFMINNESOTA} CHISAGO (June 30. 3022) Addition. Chi-ego County. M Innesoll NOTICE OF MORTGAGE AMOUNT DUE AND CLAIMED TO Matt Silver, being first duly sworn. on oath states as FORECLOSURE SALE BE DUE AS OF DATE OF NOTICE: follows: NOTICE IS HEREBY GIVEN that de- 820.2914! fault has occurred In the conditions of the THAT all pr: ' ' ' _ I. I atn the publisher" of the Chisago County Press. or following described mortgage: have been complied with: thet no action or I have personal DATE OF MORTGAGE: June 29. zone 'the publishct"s designated agcttt. proceeding has been lnttituled at law or . ORIGINAL PRINCIPALAMOUNTOF MORTGAGE: "85,388.00 otherwise to recover the debt secured by said mortgagemruny part thereof: that title knowledge of the facts stated in this Affidavit. which is MORTGAGOR(S): Jeffrey J Williams. it reglttered property; made pursuant to Minnesota Statutes §331A.07. II mrried men PURSUANT to the power of sale eon- MORTGAGES: Mortgage Electronic talned In said mortgage. the above-de- Registrutlott Systems. Inc.. I: mortgagee. scribed property will be cold by the Sheriff 2. The newspaper has complied with all of the as nominee for Guaranteed Rate. Inc.. its of said county as follows: successors and assigns DATE AND TIME OF SALE: July 7. requirements to constitute a qualified newspaper under DATE AND PLACE OF RECORDING: 2022 at I0:00A.M. Minnesota law, including those requirements found in Recorded: July 5. 20in Chlsngo County PLACE OF SALE: County Sheriff: of- Recorder fice. 3|! North Main Street. Room I00. Minnesota Statutes §33 IA.02. Document Number: A-6I0382 Center City. Minnesota to pay tlte debt ee- LOAN MODIFICATION: cured by said mortgage and taxes. if on». Dated: February ".2020 on said premises and the costs and dis- L 3. The dates of the. month and the year and day of the Recorded: Febrttery IB.202II , Including , feel of week upon which the public notice attached/copied Document Number: A-6274l45 lowed bylaw. subject to redemption within: ASSIGNMENTS OF MORTGAGE: Illt (6) monlll frotn the dnte of mid rule by below was published in the newspaper are as follows And nssigned to: US. Bank National As- the thong-suits). their r ' r sociotiou Dated: February 25. 20I9 tntives or assigns. If the Mortgage Is not reinstated under JUNE 30, 2022 Recorded: February 25. 20I9 Chis-go Minn. Stat. 958030 or the property it not County Recorder redeemed under Minn. Stat. 5580.23. the 4. Tire publisher's lowest classified rate paid by Document Number: A-6I6922 'I' ' Agent: " r. 23 Mortgugor must vacate the property on or before ":59 pan. on January 7. 2023. or commercial users for comparable space, as determined Registration System. Inc. Transaction Auent Mortnite Identifica- the next butlnete day if January 7, 2023 full! on a Saturday. Sunday or legal holl- pursuant to § 33lA.06. is as follows: tion Number: Letider/Bmtteumortmxe unginntor: day. Moria-gone) released from financial ob- $13.20 per column inch Guaranteed Rate. Inc. ligation: NONE ' Residential Mortgage Servicer: US. THIS COMMUNICATION IS FRGMA 5. Pursuant to Minnesota Statutes §580.033 relating to Bank National Association DEBT COLLECTOR ATTEMPTING TO COUNTY IN WHICH PROPERTY IS COLLECT A DEBT. ANY INFORMA- the publicatiori of mortgage foreclosure notices: 'I'he newspaper's known office of issm: is located in Chisagt) LOCATED: Chis-go TION OBTAINED WILL BE USED FOR Property Address: 30570 Reg-l Ave. THAT PURNSE. Sharer. MN 55074 THE RIGHT TO VERIFICATION OF County. The newspaper complies with the conditions Tax Parcel ID Number: l8.0lll07.28 LEGAL DESCRIPTION OF PROP- THE DEBT AND IDENTITY OF THE described in §580.033. subd. I. clause (I) or (2). If the ORIGINAL CREDITOR WITHIN THE ERTY: Lot 25. Block 2. Bull'nlo Ridge 2nd ROVIDED BY LAW IS NOT AF- newspaper"s known office of issue is located in a county FECTED BY THIS ACTION. adjoining the county where the mortgaged premises or THETIME ALLOWED BY LAW FOR some part of the mortgaged premises described in the REDEMPTION BY THE MORTGAGOR. THE MORTGAGOR'S PERSONAL REP- notice are located. a substantial portion of the RESENTATIVES OR ASSIGNS. MAY BE REDUCED TO FIVE WEEKS IF A newspaper's circulation is in the latter county. JUDICIAL ORDER tS ENTERED UNDER MINNESOTA STATUTI. SEC- TION 582.032. DETERMINING. FURTHER YOUR AFFIAN'I' SAITH NOT. AMONG OTHER THINGS. THAT THE MORTGAGED PREMISES ARE IM- PROVED WITH A RESIDENTIAL DWELLING 0F LESS THAN FIVE UNITS. ARE NOT PROPERTY USED IN (Publ ishct') AGRICULTURAL PRODUCTION. AND AREABANDONED. DATED: May 9. 2022 Subscri d and sworn to before me on the ._30___.day MORTGAGES: U.S. Bank National Assoelltlon of JUISIE _. 2022 Wilford. Gerlte J; Cook. EA. Annmrys for Mortgugee 7M6 Currell Boulevard. Suite 200 Wootbury. MN SSIZS (651) 209.1300 (Notary Public) File Number: 05lo70-Fl NOTICE OF POSTPONEMEN'I' 0F MORTGAGE FORECLOSURE SALE The above referenced Ill: scheduled for July 7. 2022 It l0:00 AM. has been port- ponetl toAuguI II. 2022 at I000 AM In -' "r n; COLETTE M. gOST the Chlsago County Sherifl's office. 3!) Notary Public-Minnesota North Main Street. Room I00.Center Clty. My Commission Excuse Jun. 31. 2023 Mlnnetote In said County and State. DATED} June 24. 2022 ASSIGNEE OF MORTGAG EE: U.S. Bank National Association Wilford. Geske & Cook. RA. Attorney: for Monglgee 76l6 Currell Boulevard. Suite 200 Woodbury. MN 55l25 (651) 209-3300 File Number: 05l070-Fl 13-CV-23-155 Filed in District Court State of Minnesota 2/27/2023 3:50 PM STATE OF MINNESOTA AFFIDAVIT OF SERVICE ON OCCUPANT COUNTY OF CHISAGO Peter J. Schaps, being duly sworn, on oath says that on Saturday, May 21, 2022 he went upon the land and premises described in the Notice of Mortgage Foreclosure Sale, Homestead Designation Notice, Help for Homeowners in Foreclosure Notice, Notice of Redemption Rights and Foreclosure Advice to Tenants Notice, more commonly known as, 30570 Regal Avenue, Shafer, MN 55074, County of Chisago; for the purpose of serving the Notice of Mortgage Foreclosure Sale, Homestead Designation Notice, Help for Homeowners in Foreclosure Notice, Notice of Redemption Rights and Foreclosure Advice to Tenants Notice; that on said day and for some tinm prior thereto, said premises were and have been occupied by "John Doe" who refused to give his name and no one else; that he served the Notice of Mortgage Foreclosure Sale, Homestead Designation Notice, Help for Homeowners in Foreclosure Notice, Notice of Redemption Rights and Foreclosure Advice to Tenants Notice by handing to and leaving with "John Doe" who refused to give his name, personally one (1) true and correct copy thereof. Subscribed and Sworn to before me E by Peter J. Schaps ' (I 14232-12022. \ "Lt—7., , Peter J. /. (Signature of Notary) Sohayfi -,4. 74 0 l\ TRUDY LYNN LUNDEEN h £333"$"§ NOTARV PUBLIC- MiNNESOTA 0 II 3., 1 My Commassuon Expuos Jan 31. 2025 I} O r/ , ----- ' Service was completed by an Independent contractor retained by Metro Leo-I Services, Inc. METRO ! LEGAL legal summrt Specialiulu nlncu ")69 616 South 3rd Street Minneapolis, MN 55415 (800) 488-8994 www.motrohgalrom .1. 13-CV-23-155 Filed in District Court State of Minnesota 2/27/2023 3:50 PM AFFIDAVIT OF COSTS AND DISBURSEMENTS STATE OF MINNESOTA COUNTY OF WASHINGTON The below signed being first duly sworn on oath says that he/she is the attorney foreclosing the mortgage described in the printed notice of mortgage foreclosure sale hereto attached; that the following IS a detailed bill of the costs and disbursements of said foreclosure, and that the same have been absolutely and unconditionally paid or incurred therein, to wit: $1,500.00 Attorney's Fee for foreclosing said mortgage $630.00 Publication of Notice of Mortgage Foreclosure $96.00 Recording Costs $70.00 Sale Fee $170.00 Service Costs $0.00 Title Search $2, 466.00 Total Dated: P" , P1 / 'f ("1' [AV] Eric Cook, Michael Sauer, Orin Kipp, Paul Hayes ATTORNEYS FOR WILFORD, GESKE & COOK, RA. Signed or attested before me on M / ,7, L, by 6 1' c, ( loo/C... 1 a & )713131/ Af/Af//k Notary Public AIMEE M. SELBITSCHKA .' -, Notary Publlc-Mlnneeota .. "'1 MyComniulonEpruJen31,2025 //1 461 /€qzc2./ Title (and rank) , My commission expires: / *3 l r 0%) .2? ,5 13-CV-23-155 Filed in District Court State of Minnesota 2/27/2023 3:50 PM AFFIDAVIT OF MILITARY STATUS STATE OF MINNESOTA COUNTY OF WASHINGTON The below signed being first duly sworn on oath says that he/she knows the facts relating to the military status ofJeffrey J. Williams owner(s) of the mortgaged premises described in the foregoing Sheriff's Certificate of mortgage foreclosure sale thereof, that said person(s) was not in the military or naval service of the United States at the time of this affidavit, or during the twelve (12) months preceding such sale, as appears from facts known at the time of this affidavit. A n (I 7 Dated: 5/? "W A 7/" ~\i' r" " \Ericfiook Michael Sat-17:7, Dim Kipp, Patll Hayes ATTORNEYS FOR WILFORD, GESKE & COOK, RA. Signed or attested before me on 8m / 2' , by (C F! C ( C) O K. 0 ALI/04110 7)< iii/C {'rz fad/212;. 'I N'é'tary Public AIMEE M. SELBITSCHKA Notary Public-Minnesota " My Commlulon Explm 4m 31. 2026 Title (and rank) u _ zigé'fl'fi _ My commission expires: / 1")? I 13-CV-23-155 Filed in District Court State of Minnesota 2/27/2023 3:50 PM AFFIDAVIT OF COMPLIANCE STATE OF MINNESOTA COUNTY OF WASHINGTON The below signed being first duly sworn on oath, states that: l. The Foreclosure Prevention Counseling Notice has been delivered in compliance with Minnesota Statutes Section 580.021. 2. The Notice of Sale has been delivered in compliance with Minnesota Statutes Section 580.04. 3. The Foreclosure Advice Notice to Owners ("Help for Homeowners in Foreclosure") and the Notice of Redemption Rights have been delivered in compliance with Minnesota Statutes Section 580.041. 4 If the property is a one-to—four family dwelling and is occupied by one or more tenants as a residence, the Foreclosure: Advice to Tenants has been delivered in compliance Minnesota Statutes Section 580.042. The Farmer Lender Mediation Notice has been delivered in compliance with Minnesota Statutes Section 582.039, if applicable. The Homestead Designation Notice has been delivered in compliance with Minnesota Statutes Section 582.041, if applicable. 7 The Agricultural Designation Notice has been delivered in compliance with Minnesota Statutes Section 582.042, if applicable. Dated: 2 "Vt/WV. <', EricCoohJi/[ichael Sauer, Orin Kipp, Paul Hayes ATTORNEYS FOR WILFORD, GESKE & COOK, RA. ft .' , /' . Signed or attested before me on (C" / F/ l1 d '4, by EVA/Q1. COO/C4 )) Notary Public .*:,_" AIMEE M. SELBITSCHKA Notary Public-Minnesota r "' .,,. ;/ MyOommlulonExplruJmMJDZb fat/(Um (d Title (and rank)' 0 , , _ My commission expires: / —.~§ I — v.?U;;?_§