STATE OF MINNESOTA COUNTY OF MARTIN
Iowa Bankers Mortgage Corporation,
Estate of Katie Poppe and Rebecca Knaak,
Filed in District Court
State of Minnesota
7/1/2022 2:11 PM
FIFTH JUDICIAL DISTRICT
Civil Other: Declaratory Judgment Court File No.:
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 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 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 21 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 21 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 Martin County, State of Minnesota, and legally described as follows:
The South Forty-eight (48) feet of Lot Eighteen (18), Except the East Sixty five (65) feet thereof, in Block Five (5), in the Town of Northrop, as per the map or Plat thereof on file and of record in the office of the Register of Deeds in and for said County and State.
Lot Eighteen (18), except the South Forty-eight (48) feet thereof, and all of Lot Seventeen (17), all in Block Five (5) of the Town (now City) of Northrop, excepting from all of the above described land the South Four (4) feet of the East Sixty-five (65) feet thereof, according to the map or plat thereof on file and of record in the office of the County Recorder in and for said County and State.
8. THE OBJECT OF THIS ACTION IS TO: Obtain an Order: a. Declaring the mortgage foreclosure sale held March 24, 2022, as evidenced by the Sheriff’s Certificate of Sale and Foreclosure Record, dated March 24, 2022 filed of record in the office of the Martin County Recorder on March 30, 2022 as Document No. 2022R-454057, be vacated; and b. Reviving and reinstating the mortgage together with the power of sale contained therein, dated February 26, 2014, and filed of record in the office of the Martin County Recorder on February 27, 2014 as Document No. 2014R- 420650, encumbering the Property, nunc pro tunc, to its original lien priority.
WILFORD, GESKE & COOK, P.A.
Dated: July 1, 2022
By: __/s/ Orin J. Kipp
Orin J. Kipp, #0390438
Attorneys for Plaintiff
7616 Currell Blvd., Suite 200
Woodbury, MN 55125