STATE OF MINNESOTA
COUNTY OF MILLE LACS
SEVENTH JUDICIAL DISTRICT
Case Type: Other Civil (14)
Court File No.: 48-CV-13-2355
TCF National Bank,
Ted W. Carey, Judith A. Empey,
John Doe, and Mary Roe, Defendants.
THIS SUMMONS IS DIRECTED TO: Ted W. Carey, Judith A. Empey, John Doe, and Mary Roe.
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiffs 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: Foley & Mansfield, PLLP., 250 Marquette Avenue, Suite 1200, Minneapolis, Minnesota 55401.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs 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 lying and being in Mille Lacs County owned by Defendants Ted W. Carey and Judith A. Empey, as fee owners, and legally described as follows:
LOT TEN (10) AND LOT THREE (3), BLOCK A, WHITEFISH, AND THE EAST 60 FEET OF THE WEST 196.5 FEET OF THAT PART OF GOVERNMENT LOT THREE (3) LYING SOUTH OF THE PLAT OF WHITEFISH OR TRACT EXTENDING BETWEEN LOT THREE (3), BLOCK A OF WHITEFISH AND WHITEFISH LAKE, SECTION EIGHTEEN (18), TOWNSHIP FORTY-THREE (43), RANGE TWENTY-SEVEN (27).
the same having a common address of 18963 460th Street, Garrison, Minnesota 56450 (the Mortgaged Property). The object of this action is
a. With respect to the mortgage that defendants Ted W. Carey and Judith A. Empey (Mortgagors), husband and wife, as mortgagors, executed and delivered to TCF, as mortgagee, dated April 11, 2006, recorded in the office of County Recorder, Mille Lacs County, on April 26, 2006, as Document No. 331696 (theMortgage) to determine and obtain judgment regarding the amount due Plaintiff under the Mortgage and corresponding note, including interest, costs, disbursements and attorneys fees incurred or accruing from and after the date of the complaint;
b. Determine and obtain judgment that the Mortgage is a good and valid lien on the Property, prior and superior in all respects to the interest of all parties named herein, and other parties whose interests in the Property arose after the date of recording Plaintiffs Notice of Lis Pendens in this action;
c. Bar and foreclose each and any of the named parties and all parties claiming under any of them of all equity of redemption and rights of title or interest in the Property, except such redemption rights that may be determined by the Court; and to obtain judgment that the purchaser at the sale of the Property or its assigns be decreed to be the absolute owner of the Property, if no redemption therefrom is made within the period fixed by statute;
d. Obtain an order of the Court ordering and directing the foreclosure sale of the Property pursuant to Minnesota Statutes Chapter 581;
e. Obtain an order of the Court ordering and directing that Plaintiff shall have the right to bid an amount not to exceed the balance of the note and Mortgage indebtedness for the Property;
f. Determine, establish, and obtain judgment that Plaintiff shall be entitled to a deficiency judgment against Ted W. Carey for the difference between the amount of the indebtedness owed, evidenced by the note and Mortgage, and the total amount of the successful bidder at the foreclosure sale;
g. Reserve the Courts jurisdiction over the parties in the action and the Property for the purpose of implementing the relief granted in the action; and
h. Obtain an order and judgment of the Court finding that Plaintiff shall have such other and further relief as the Court may deem just and equitable, but only to the extent permitted by law.
Dated: November 25, 2013 FOLEY & MANSFIELD, PLLP
By /s/ Wyatt S. Partridge
Wyatt S. Partridge (#0391272)
250 Marquette Avenue, Suite 1200
Minneapolis, Minnesota 55401
Published in the
Mille Lacs County Times
January 9, 16, 23, 2014