Gleason v. Deutsche Bank National Trust Company, as Trustee
Jul 26, 2013
OUTCOME: Summary judgment in Plaintiffs' favor granted.
Defendant DBNTC, as Trustee, initiated foreclosure proceedings against Plaintiffs. Plaintiffs filed a notice of postponement, pursuant to Minn. Stat. 580.07, which postponed the sale to the first date... not a Saturday, Sunday, or legal holiday that was five months after the sale. Defendant conducted the sale one day late and Plaintiffs brought suit.
Defendant moved to dismiss and Plaintiffs moved for summary judgment.
Foreclosure
Ruiz v. 1st Fidelity Loan Servicing, LLC, A11-1081
Apr 17, 2013
OUTCOME: Affirmed - foreclosure sale is void
The Minnesota Supreme Court granted Defendant's petition for review of the Court of Appeals' reversal of the district court's grant of summary judgment in this matter and found: (1) that the lender was... required to strictly comply with the statutory requirements of Minn. Stat. section 580.02(3), (2) that Section 580.02(3) requires that all assignments of the mortgage be recorded prior to the initiation of foreclosure proceedings, and (3) lender failed to strictly comply with its statutory obligations as its "corrective" assignment made no reference to the assignment it purportedly corrected. Previously, the mortgage had only been assigned to "1st Fidelity," rather than "1st Fidelity Loan Servicing, LLC."
Because of this failure to strictly comply with its statutory obligations, the Supreme Court found Defendant's foreclosure of Plaintiff's home to be void. The Court declined to address Defendant's remaining arguments as the sale was already found to be void.
Foreclosure
Mack v. CitiMortgage, Inc. and Federal National Mortgage Association
Oct 17, 2012
OUTCOME: Settled
Homeowner sued CitiMortgage and Fannie Mae for defects in the foreclosure process and slander of title. Defendants made an unsuccessful motion to dismiss, arguing that the inclusion of a fax number in...stead of the loss mitigation phone number required by statute was sufficient to comply with foreclosure requirements.
Foreclosure
Sari v. Wells Fargo Bank, N.A.
Oct 10, 2012
OUTCOME: Motion to Dismiss Denied
Homeowner sued Wells Fargo Bank, N.A. for an improper foreclosure after Defendant failed to record a notice of pendency prior to the first publication of the foreclosure notice. Defendant made an unsu...ccessful motion to dismiss Homeowner's action, arguing that Homeowner did not have any standing to bring the lawsuit. The Court stayed consistent with previous case law, finding that Homeowner had standing and that Defendant did not strictly comply with its requirements to foreclose by advertisement.
Foreclosure
Doris Ruiz v. 1st Fidelity Loan Servicing, LLC. Court of Appeals Number: A11-1081
Mar 12, 2012
OUTCOME: The Court of Appeals has reversed the district court's ruling and found both that the sheriff's sale was invalid and that Ruiz may proceed with her claim of forcible eviction.
Foreclosing Party caused a sheriff's sale of Ruiz's home, which consists of a duplex in Minneapolis, Minnesota. The foreclosure process was subject to multiple statutory deficiencies, including failur...e to correctly record all assignments prior to the initiation of foreclosure proceedings and failure to record the notice of pendency prior to the first publication of the foreclosure notice. Ruiz also alleged that the requisite preforeclosure notice was not sent to her. Additionally, Ruiz alleged that Foreclosing Party forcibly evicted her by changing the locks to the duplex while her and her family were not there, despite telling Foreclosing Party's agent that she lived there and despite Foreclosing Party's agents seeing personal property still inside of the property.
Ruiz lost at the district court level, but the Court of Appeals reversed. The Court of Appeals found that the foreclosure was invalid due to a failure to timely record all assignments and failure to record the notice of pendency prior to the first publication of the foreclosure notice. The Court acknowledged at oral argument that there was a factual dispute as to whether or not the preforeclosure notice was sent to Ruiz, yet declined to make that a part of the appellate decision. The Court also reversed the dismissal of Ruiz's forcible eviction claim, noting that the facts of this case were very similar to the facts found in previous Minnesota Supreme Court cases that held a landlord may not change the locks as a method of evicting tenants.
Foreclosure
Aaron v. Citizens State Bank of Shakopee, case no.: 70-CV-11-2495
Apr 13, 2011
OUTCOME: Settled
Defendant Bank caused a sheriff's sale of Plaintiff Aaron's home. Following the sale, Foreclosing Party failed to record the sheriff's certificate for several months, rather than within 20 days as req...uired by statute. The Court held that the sheriff's sale was invalid for failure to record the sheriff's certificate within 20 days as required by statute. The Court held open the issue of whether Foreclosing Party was liable for slander of title as the evidence did not conclusively demonstrate one way or the other if Foreclosing Party or its agents knew the sheriff's certificate became inoperative after 20 days expired. The Court eventually withdrew its order to allow for settlement that more fully addressed the needs of the parties. A favorable settlement agreement for our client was put in place.
