MICHAEL O. OSTBYE & LINDA OSTBYE, MORTGAGE FORECLOSURE [UPDATED]Published 4:46pm Wednesday, April 10, 2013 Updated 2:48pm Wednesday, April 10, 2013
April 5, 2013)
MINNESOTA COUNTY OF
SEVENTH JUDICIAL DISTRICT
CASE TYPE: MORTGAGE FORECLOSURE
File No: 56-CV-13-624
Judge Mark F. Hansen
WELLS FARGO BANK, N.A.
MICHAEL O. OSTBYE,
JOHN DOE AND MARY ROE, Defendants.
THIS SUMMONS IS DIRECTED TO MICHAEL O. OSTBYE AND LINDA OSTBYE.
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this summons. 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:
Schiller & Adam, P.A., 25 N. Dale Street, St. Paul, MN 55102.
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 Otter Tail County, State of Minnesota, legally described as follows:
All of Lots Thirty-four (34) and Thirty-five (35), and that part of Lot Thirty-three (33) of LAKE VIEW BEACH, which is on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota, and that part of Government Lot Two (2) of Section Eleven (11), Township One Hundred Thirty-seven (137) North of Range Forty-three (43) West of the Fifth Principal Meridian in Otter Tail County, Minnesota, described as follows:
Commencing at the most southerly corner of said Lot 33; thence North 26 degrees 25 minutes 00 seconds West 25 feet on an assumed bearing along the southwesterly line of said Lot 33 to the point of beginning; thence northeasterly parallel the southeasterly line of said Lot 33 to the northeasterly line of said Lot 33; thence continuing northeasterly on an extension of said parallel line to the water’s edge of Pelican Lake; thence northwesterly along the water’s edge of said Pelican Lake to the northeasterly extension of the northwesterly line of Lot 35; thence southwesterly along the northeasterly extension of the northwesterly line of said Lot 35 and along the northwesterly line of said Lot 35 to the western most corner of said Lot 35; thence South 26 degrees 25 minutes 00 seconds East along the southwesterly line of Lots 35, 34, and 33, 125 feet, more or less to the point of beginning.
That part of Government Lot 2 of Section 11, Township 137 North, Range 43 West, Otter Tail County, Minnesota described as follows:
Commencing at the Most Northwest Corner of Lot 37 of LAKEVIEW BEACH, on file and of record in the office of the County Recorder in and for Otter Tail County, Minnesota; thence South 69 degrees 30 minutes 00 seconds west (Assumed Bearing) along the southwesterly extension of the Northwesterly line of said Lot 37 a distance of 87.25 feet to a point on the Southwesterly Right-of-Way line of County State Aid Highway Number 9; thence South 25 degrees 57 minutes 28 seconds East along said Right-of-Way line a distance of 100.00 feet to the point of beginning; thence continuing South 25 degrees 57 minutes 28 seconds East along said Right-of-Way line a distance of 100.00 feet; thence South 69 degrees 30 minutes 00 seconds West a distance of 152.75 feet; thence North 25 degrees 12 minutes 00 seconds West a distance of 99.88 feet; thence North 69 degrees 30 minutes 00 seconds East a distance of 151.43 feet to the point of beginning.
You are hereby notified that this action is brought for the purpose of foreclosing that certain mortgage dated April 29, 2008 and filed of record with the Otter Tail County Recorder on May 6, 2008 as Document No. 1038270; as assigned to Plaintiff of record.
SCHILLER & ADAM, P.A.
Dated: April 2, 2013 BY:______________
Sarah J.B. Adam
Attorney for Petitioner
25 Dale St. No.
The Academy Professional Bldg.
St. Paul, Minnesota 55102-2227
Atty. Reg. 332021
April 5, 12, 19, 2013.