STATE OF MINNESOTA COUNTY OF POPE DISTRICT COURT EIGHTH JUDICIAL DISTRICT COURT FILE NO. 61-CV-24-281
Public Notice | Published on September 9, 2024 at 1:15pm CDT
STATE OF MINNESOTA
COUNTY OF POPE
DISTRICT COURT
EIGHTH JUDICIAL DISTRICT
COURT FILE NO. 61-CV-24-281
______________________
SUMMONS
Wells Fargo USA Holdings, Inc.
successor by Merger to Wells Fargo Financial Minnesota, Inc.
Plaintiff,
vs.
Estate of Jess A. Stewlow; Shannon Alyne Hippe fka Shannon A. Stewlow; Noyes Homes LLC; Nancy M. Erickson and Orlin C. Erickson; Mortgage Electronic Registration Systems, Inc. as nominee for Rocket Mortgage, LLC; Jason Wade Day and Amanda Day; Homeowners Financial Group USA, LLC; Minnesota Housing Finance Agency; Matthew Dahl; Jean Dahl; Mortgage Electronic Registration Systems, Inc., as nominee for Plaza Home Mortgage Inc., its successors and assigns, the City of Starbuck, and all other persons known or unknown claiming any right, title, estate, interest, or lien in the real estate described in the Complaint herein
Defendants,
______________________
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMES DEFENDANTS:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this Summons and 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 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 21 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:
Tracy J. Halliday
LOGS Legal Group LLP
1715 Yankee Doodle Road Suite 210
Eagan, MN 55121
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 21 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 Pope State of Minnesota, legally described as follows:
That part of the unplatted City of Starbuck, being in the Northeast Quarter of Section 26, Township 125 North, Range 39 West, Pope County, Minnesota, described as follows:
Commencing at the Southeast corner of Lot 1, Block three, Rambling Rails Addition, according to the recorded plat thereof; thence on plat bearing of Noth 89 degrees 49 minutes 44 seconds West along the south line of said plat 145.00 feet to the southwest corner of said Lot 1; thence continuing North 89 degrees 49 minutes 44 second West 245.00 feet; thence South 00 degrees 10 minutes 16 seconds West 192.03 feet; thence South 89 degrees 59 minutes44 seconds East 210.00 feet; thence South 00 degrees 10 minutes 16 seconds West 190.80 feet to the point of beginning of the land to be described; thence South 89 degrees 42 minutes 09 seconds West 34.50 feet; thence South 00 degrees 10 minutes 16 seconds West 110.25 feet; thence North 89 degrees 42 minutes 09 seconds East 214.50 feet to the west line of Hagenson Street as dedicated in the recorded plat of Original Townsite of Starbuck; thence North 00 degrees 10 minutes 16 seconds East along said west line 110.25 feet; thence South 89 degrees 42 minutes 09 seconds West 180.00 feet to the point of beginning.
The object of this action is to obtain a court order declaring and adjudicating that Nancy M. Erickson and Orlin C. Erickson are the fee owners of that portion of the West 15 feet (W 15’) of Hagenson Street located directly adjacent to and abutting the Property, which fifteen foot (15’) by one hundred ten foot (110’) strip was vacated by the Starbuck City County on July 14, 1980 and filed for record July 21, 1980, free and clear from any right, title, estate, lien, claim or interest of the Defendants herein, or any of them, either adverse to the Plaintiff or otherwise, and that none of the Defendants herein have any right, title, estate, lien, claim or interest in or to said real estate whatsoever. This action is to also reform the legal description that was in the Mortgage recorded as Document No. 236280, the Order Reducing the Redemption period recorded as Document No. 283245, the Sheriff’s Certificate recorded as Document No. 283315, the Warranty Deed recorded as Document No. 288837, the Warranty Deed recorded as Document No. 290202 and the Mortgage recorded as Document No. 290203.
557.03 NOTICE OF NO
PERSONAL CLAIM
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.
Dated: July 19, 2024
LOGS LEGAL GROUP LLP
By:/s/ Tracy J. Halliday
Melissa L.B. Porter – 0337778
Tracy J. Halliday – 034610X
Attorneys for Plaintiff
1715 Yankee Doodle Road
Suite 210
Eagan, MN 55121
(952) 831-4060
THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
Aug. 26, Sept. 2, 9