Public Notices - Page 1
Thu, 05/29/2014 - 11:00pm admin
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WRIGHT TENTH JUDICIAL DISTRICT
___________________________Federal Home Loan Mortgage
Plaintiff, Case type: Other Civil
(Reformation of Instrument)
v. Court File No. 86-CV-14-505
Bruce A. Sobotta and Loretta P. Sobotta,
CitiMortgage, Inc., Webster Bank, NA
___________________________THIS SUMMONS IS DIRECTED TO THE ABOVE NAMED DEFENDANTS;
1. YOU ARE BEING SUED. The Plaintiffs have started a lawsuit against you.
The Plaintiff’s Complaint against you is on file in the office of the court administrator of the above-named court. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at:
Bradley N. Beisel
John F. Nielsen
Beisel & Dunlevy, P.A.
282 U.S. Trust Center
730 Second Ave. S.
Minneapolis, MN 55402-2444
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.
7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in the County of Wright, commonly known as 16469 Gowan Avenue NW, Clearwater, MN, legally described as:
Those parts of the Northwest Quarter of the Southeast Quarter, Government Lot 1 and Government Lot 2 of Section 12, Township 122, Range 27, Wright County, Minnesota, described as follows: Commencing at the southwest corner of said Government Lot 2; thence on an assumed bearing of South 89 degrees 35 minutes 16 seconds East along the south line of said Government Lot 2, a distance of 66.00 feet to the southeast corner of the West 66.00 feet of said Government Lot 2; thence North 0 degrees 16 minutes 21 seconds East along the east line of said West 66.00 feet of Government Lot 2, a distance of 770.20 feet; thence South 89 degrees 35 minutes 16 seconds East, a distance of 504.02 feet to the point of beginning of the land to be described; thence North 52 degrees 55 minutes 51 seconds East, a distance of 598.89 feet; thence North 23 degrees 37 minutes 46 seconds East, a distance of 1343.84 feet to the southwest line of a township road, thence South 52 degrees 49 minutes 11 seconds East along said southwest line, a distance ofo 67.89 feet to point hereinafter referred to as Point A to be described; thence South 23 degrees 37 minutes 46 seconds West, a distance of 1327.94 feet; thence South 42 degrees 49 minutes 49 seconds East, a distance of o957 feet more or less to the shoreline of Fish Lake, thence southwesterly along said shoreline, a distance of 673 fee more or less to the intersection of a line bearing South 42 degrees 49 minutes 49 seconds East from the point of beginning; thence North 42 degrees 49 minutes 49 seconds West, a distance of 925 feet more or less to the point of beginning. Point A is described as follows: Commencing at the northwest corner of said Northwest Quarter of the Southeast Quarter; thence South 89 degrees 29 minutes 39 seconds East along the north line of said Northwest Quarter of the Southeast Quarter, a distance of 1233.52 feet to said southwest line of a township road; thence South 52 degrees 49 minutes 11 seconds East along said southwest line, a distance of 499.89 feet to the said Point A.
(referred to as the “Complete Property” and “Complete Legal Description” and depicted in red on Exhibit A of the Amended Complaint.)
The purpose of this action is to obtain an Order for the following relief:
1.Reforming the legal description in the Partial Release Document Number A1199827, nunc pro tunc, to release all the property encumbered by the First Mortgage, document A1041661, except the above-described Complete Property;
2. Reforming the legal description of Foreclosure, document A1234731, and the Freddie Mac Deed, document A1239558, nunc pro tunc, to include the Complete Legal Description.
3. Determining that Freddie Mac is the fee owner of the above-described Complete Property, free and clear of any right, title or interest in any of the defendants herein.
557.03 NOTICE OF NO
Pursuant to Minn. Stat. § 557.03 you are hereby served with notice that no personal claim is made against you and that any defendant upon whom this notice is served who unreasonably defends this action shall pay full costs to the plaintiff.
BEISEL & DUNLEVY, P.A.
Dated: May 14, 2014 By: /s/ John F. Nielsen
John F. Nielsen #0392392
Bradley N. Beisel #6191
282 U.S. Trust Building
730 Second Avenue South
Minneapolis, MN 55402-2444
Telephone: (612) 436-2222
Attorneys for Plaintiff
(Trbune, May 16, 23, 30)