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STATE OF MINNESOTACOUNTY OF DAKOTA DISTRICT COURT FIRST JUDICIAL COURT CASE TYPE: OTHER CIVIL/ MORTGAGE FORECLOSURE

Wednesday, June 20, 2018 - 11:20pm

Court File No.: 19HA-CV-17-4691
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff,
v.
CROSS-DEFENDANT SUMMONS
BY PUBLICATION
BRAD E. ROBINSON, LAURA M. ROBINSON, BIRNAMWOOD HOMES ASSOCIATION, UNITED STATES OF AMERICA, DEPARTMENT OF JUSTICE, WELLS FARGO BANK, N.A., COUNTYWIDE HOME LOANS, INC., DAVID W. MUMA, USA FUNDING CORP, ASSET ACCEPTANCE, LLC, JOHN DOE AND MARY ROE,
Defendant.

THIS SUMMONS IS DIRECTED TO CROSS-DEFENDANT DAVID W. MUMA.
1. YOU ARE BEING SUED. The Defendant and Cross-Plaintiff Birnamwood Homes Association has asserted a cross-claim against you. The Defendant/Cross-Plaintiff's Amended Answer to Complaint, Counterclaim, and Cross-claims 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 receive this Cross-Defendant Summons. You must send a copy of your Answer to the person who signed this summons located at:
Bernard A. Meis (#0390844)
TOMSCHE, SONNESYN & TOMSCHE, P.A.
8401 Golden Valley Road, Suite 250
Minneapolis, Minnesota 55427
3. YOU MUST RESPOND TO EACH CLAIM. The answer is your written response to the Defendant/Cross-Plaintiff's cross-claim. In your Answer, you must state whether you agree or disagree with each paragraph of the cross-claim. If you believe the Defendant/Cross-Plaintiff should not be given everything asked for in the cross-claim, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE CROSS-CLAIM 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 Defendant/Cross-Plaintiff everything asked for in the Cross-Claims. If you do not want to contest the claims stated in the Defendant/Cross-Plaintiff's Amended Answer to Complaint, Counterclaim, and Cross-claims, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Cross-Claims.
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 Cross-Claims 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 Dakota County, State of Minnesota, legally described as follows:
Lot 3, Block 1, Birnamwood Plat No. 5, Dakota County, Minnesota*,
(*also known as Lot 3, Block 1, Birnamwood Plat No. 5, CIC No. 170, Dakota County, Minnesota).
The object of this action is, among other things, to obtain a declaration that the Defendant/Cross-Plaintiff's lien foreclosure sale of the property on June 23, 2017, in the office of the Sheriff of Dakota County, Minnesota, extinguished all actual and purported liens, mortgages, and other encumbrances on and against the property (except only any first mortgage then against the property) including, but not limited to, any lien that may arise from or relate to the judgment against Brad Robinson in favor of David W. Muma docketed on April 2, 2009 (Case No. 19HA-CV-09-1848), all as more thoroughly set forth in the Defendant/Cross-Plaintiff's Amended Answer to Complaint, Counterclaim, and Cross-claims.
TOMSCHE, SONNESYN & TOMSCHE, P.A.
Dated: May 29, 2018
By:_ /s/ Bernard A. Meis
Jessica C. Richardson (#32324X)
Bernard A. Meis (#0390844)
Attorneys for Defendant/Cross-Plaintiff Birnamwood Homes Association
8401 Golden Valley Road, Suite 250
Minneapolis, Minnesota 55427
Telephone: 763-521-4499
jrichardson@tstlaw.com
bmeis@tstlaw.com
06/07/18 - 06/21/18