STATE OF MINNESOTA
COUNTY OF DAKOTA
FIRST JUDICIAL DISTRICT
Bank of America, National Association
Successor by Merger to Countrywide Bank, FSB,
Juanita P. Bryant, the estate of Gene D. Bryant, deceased, Secretary of Housing and Urban Development, the unknown heirs of Gene D. Bryant, and all other persons unknown claiming Any right, title, estate, interest, or lien in the real Estate described in the complaint herein,
THIS SUMMONS IS DIRECTED TO THE ABOVE NAMED DEFENDANTS;
1. YOU ARE BEING SUED. The Plaintiff has 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
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 This action involves, affects, or brings into question real property situated in the County of Dakota, commonly known as 17097 Frazer Path, Farmington, Minnesota, 55024, and legally described as:
Lot 7, Block 1, Dodd Park, Dakota County, Minnesota.
(Referred to as the "Subject Property").
The purpose of this action is to obtain an Order of this Court as follows:
1. Reforming the BOA Mortgage, Document No. 2574792, nunc pro tunc, to state the "Borrower" as "Gene D. Bryant and Juanita Bryant".
2. Reforming the HUD Mortgage, nunc pro tunc, Document No. 2574793, to state the "Borrower" as "Gene D. Bryant and Juanita Bryant".
3. Determining that the Reverse Mortgages, together Document No. 2574792 and
Document No. 2574793, were a valid and enforceable mortgage against the entire fee title to the Subject Property according to its terms as of February 28, 2008, the date they were recorded.
4. Determining that the BOA Mortgage, Document No. 2574792 is in all respects
prior and superior to the HUD Mortgage, Document No. 2574793.
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.
Signature page to follow.
BEISEL & DUNLEVY, P.A
Bradley N. Beisel #6191
282 U.S. Trust Building
730 Second Avenue South
Minneapolis, MN 55402-2444
Telephone: (612) 436-2222
Attorneys for Plaintiff