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 '
IAugust65fi022
"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.
\
"Lt7., ,
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-tofour 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;;?_§