Summons: Wells Fargo Banks vs Estate of Michael J. Hamilton

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SUMMONS

STATE OF MINNESOTA
COUNTY OF SWIFT    
DISTRICT COURT
EIGHTH JUDICIAL DISTRICT
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Case Type:  Civil Other:  Reformation
Court File No. 76-CV-15-43

Wells Fargo Bank, National Association as Trustee
for Option One Mortgage Loan Trust 2005-5,
Asset-Backed Certificates, Series 2005-5,    
Plaintiff,

vs.
    
The Estate of Michael James Hamilton,
Defendant.
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TO THE ABOVE-NAMED DEFENDANT:
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:

7616 Currell Boulevard, Suite 200, Woodbury, Minnesota  55125.

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 Swift County, State of Minnesota, legally described as follows:

That part of the Northwest Quarter (NW 1/4) of Section Twenty (20), Township One Hundred Twenty-two (122) Range Thirty-nine (39), described as follows to wit:  Beginning at a point described as the West Quarter corner of said Section 20; thence East on and along the South Quarter line of said Section 20, 75 feet to the true point of beginning; thence continuing East along the South Quarter line 425 feet; thence on as assumed bearing on the North 0 deg. 00 minutes, 00 seconds West, 776 feet; thence South 90 deg. 00 minutes, 00 seconds West, 405 feet to the Easterly right of way of T.H. No. 29; thence Southerly on and along said Easterly right of way, 777 feet to the point of beginning, except the South 300 feet thereof.

Being the same property conveyed to Michael James Hamilton by deed from Mark Hamilton, trustee of the trust established by Decree of Distribution dated 11/20/1986 in the Estate of JoAnn E. Hamilton recorded 10/28/1996 in Deed Book 155 Page 388
    
8.  THE OBJECT OF THIS ACTION IS TO:  Reform the legal description in the Sheriff’s Certificate of Sale and Foreclosure Record dated November 6, 2014, and recorded in the office of the Swift County Recorder on November 6, 2014, as Document No. 239984, from:

That part of the Northwest Quarter (NW 1/4) of Section Twenty (20), Township One Hundred Twenty-two (122) Range Thirty-nine (39), described as follows to wit:  Beginning at a point described as the West Quarter corner of said Section 20; thence East on and along the South Quarter line of said Section 20, 75 feet to the true point of beginning; thence continuing East along the South Quarter line 425 feet; thence on as assumed bearing on the North 0 deg. 00 minutes, 00 seconds West, 776 feet; thence South 90 deg. 00 minutes, 00 seconds West, 405 feet to the Easterly right of way of T.H. No. 29; thence Southerly on and along said Easterly right of way, 777 feet to the point of beginning, except the South 330 feet thereof.

Being the same property conveyed to Michael James Hamilton by deed from Mark Hamilton, trustee of the trust established by Decree of Distribution dated 11/20/1986 in the Estate of JoAnn E. Hamilton recorded 10/28/1996 in Deed Book 155 Page 388

to:

That part of the Northwest Quarter (NW 1/4) of Section Twenty (20), Township One Hundred Twenty-two (122) Range Thirty-nine (39), described as follows to wit:  Beginning at a point described as the West Quarter corner of said Section 20; thence East on and along the South Quarter line of said Section 20, 75 feet to the true point of beginning; thence continuing East along the South Quarter line 425 feet; thence on as assumed bearing on the North 0 deg. 00 minutes, 00 seconds West, 776 feet; thence South 90 deg. 00 minutes, 00 seconds West, 405 feet to the Easterly right of way of T.H. No. 29; thence Southerly on and along said Easterly right of way, 777 feet to the point of beginning, except the South 300 feet thereof.

Being the same property conveyed to Michael James Hamilton by deed from Mark Hamilton, trustee of the trust established by Decree of Distribution dated 11/20/1986 in the Estate of JoAnn E. Hamilton recorded 10/28/1996 in Deed Book 155 Page 388

    
WILFORD, GESKE & COOK, P.A.
Dated: January 27, 2015
             By: Greta L. Bjerkness, #0390575
Attorney for Plaintiff
7616 Currell Blvd., Suite 200
Woodbury, MN  55125
(651) 209-3300
4-29-3c
 

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