Thumper Solutions Inc. vs Estate of Elroy Wendtland, 50-CV-17-736, 30032017_Affidavit-Other_0 (Minnesota State, Mower County, District Court Mar. 30, 2017) (2024)

`

`50'CV'17'736
`50-CV-17-736
`
`‘
`
`Filed in Third Judicial District Court
`Filed in Third Judicial District Court
`3/30/2017 12:13:53 PM
`3/30/2017 12:13:53 PM
`Mower County, MN
`Mower County, MN
`
`described as follows:
`Commencing at a point in the West line of Outlot 9 in Elmwood Addition to the City
`of Austin, Minnesota, 485 feet North of the Southwest corner of Outlot 10, in said
`Outlot 9, thence East 150 feet, thence North 50 feet, thence West 150 feet to the West
`line of Outlot 9, thence South on the West line of Outlot 9, 50 feet to the point of
`beginning,
`which property has an address of 703 9th St SE, Austin, MN 55912-3860.
`The foreclosure sale is scheduled for April 03, 2017. A true and accurate copy of the
`5.
`Affidavit of Publication is attached as Exhibit B.
`Elroy Wendtland is deceased with a date of death of January 14, 2017. A true and correct
`6.
`copy of his Death Certificate is attached as Exhibit C.
`Elroy Wendtland is not currently on active military service nor has he been for the past
`7.
`12 months prior hereto. An accurate search result for the Defendant’s military status is attached
`hereto as Exhibit D.
`That no bankruptcy proceedings have been instituted by or against Elroy Wendtland
`except:
`
`8.
`
`a.
`
`b.
`
`Bankruptcy Case Number 02-90166, filed on January 24, 2002, which was
`discharged May 7, 2002, prior to the time Elroy Wendtland acquired
`interest in the Mortgage.
`Bankruptcy Case Number 15-31 134, filed on March 30, 2015. The
`property was listed on the Debtor’s Schedule A and claimed as exempt on
`Schedule C as evidenced by Exhibit E. Discharge of Debtor was granted
`on July 1, 2015 as evidenced by Exhibit F.
`FURTHER YOUR AFFIANT SAYETH NOT
`
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`Subscribed and sworn to before me on
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`on“); Pubhc
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`Greta L. Bjcrkncs
`3,131; ‘f 2
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`SARA A. KIEFNER
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`STATE OF
`
`MINNESOTA
`
`COUNTY OF FREEBORN
`
`50'Cv'17'736
`50-CV-17-736
`
`-
`
`Filed in Third Judicial District Court
`Filed in Third Judicial District Court
`3/30/2017 12:13:53 PM
`3/30/2017 12:13:53 PM
`Mower County, MN
`Mower County, MN
`AFFIDAVIT OF VACANCY
`
`/ fiflwa “3711/
`j/‘MJUII/
`, being duly sworn, on oath says that on ___Z _/ 2'3
`/2017
`(Nafim of Server)
`(s)he went upon the land and premises described in the Notice of Mortgage Foreclosure Sale,
`Homestead Designation Notice, Help for Homeowners in Foreclosure Notice, Notice of Redemption
`Rights and Foreclosure Advice to Tenants Notice, more commonly known as, 703 9th Street SE,
`N 55912, County of Mower; for the purpose of serving the Notice of Mortgage
`Austin,
`Foreclosure Sale, Homestead Designation Notice, Help for Homeowners in Foreclosure Notice,
`some time Redemption Rights and Foreclosure Advice to Tenants Notice; that on said day and for
`Notice of.
`prior thereto, said premises were and have been vacant and unoccupied.
`
`Subscribed and Sworn to before me by
`/-¢cw'
`3—711'1" jail/flan)
`(Printed
`Namé of Process Server)
`/,3
`3
`
`/2017.
`
`qnaturc of Notary)
`
`KELLI L. HENSCHE
`E
`NOTARY PUBUC- MINNESOM
`- WComnlsskm Exp'Ies Jan. 31, 2015;, "-
`
`5’
`
`/
`
`Sigé't-fi'rrnf Server)
`
`’ Sen/Ice wa‘
`
`completed by an Independent contractor retamed by Metro Legal Services, Inc.
`
`Serial
`Re: 034.}
`
`#
`
`|IIIHIIIIIHIIHIIIMIIIIIHI|I|||||l||||ll|llll|l
`WILGE 180372 8271
`82F01
`
`METRO I LEGAL
`lA-gul suppurl s MW‘iulitlk uru'I- I‘.”'-‘J
`EXHIBIT
`330 2nd Ave
`Minnea|
`(an
`
`

`

`50'CV'17'736
`50-CV-17-736
`
`Filed in Third Judicial District Court
`Filed in Third Judicial District Court
`3/30/2017 12:13:53 PM
`3/30/2017 12:13:53 PM
`Mower County, MN
`Mower County, MN
`
`PRINTERS AFFIDAVIT OF PUBLICATION
`STATE OF MINNESOTA
`COUNTY OF MOWER
`Amy Schafer, being first duly sworn, on oath states as follows:
`1. I am the publisher of the Austin Daily Herald, or the publisher’s designated agent.
`I have personal knowledge of the facts stated in this Affidavit, which is made
`pursuant to Minnesota Statues §331A.07.
`2. The newspaper has complied with all of the requirements to constitute a qualified
`newspaper under Minnesota law, including those requirements found in Minnesota
`Statues §331A.02.
`3. The dates of the month and the year and day of week upon which the public notice
`attached/copied below was published in the newspaper are as follows:
`
`February 24, March 3, 10, 17, 24, 2017
`
`4. The publisher’s lowest classified rate paid by commercial users for comparable space,
`as determined pursuant to § 331A.06, is as follows: $19.35
`5. Pursuant to Minnesota Statues §580.033 relating to the publication of mortgage
`foreclosure notices: The newspaper’s known office is located in Mower County. The
`newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2).
`If the newspaper’s known office of issue is located in a county adjoining the county where
`the mortgage premises or some part of the mortgaged premises descn'bed in the notice are
`located, a substantial portion of the newspaper’s circulation is in the latter county.
`AF IANT SAITH NOT
`@fiifiYO -
`Aha§§hafcr
`day of MCQ’ 2017
`Notary Public,
`Mower County, MN
`My commission expires [’5 ’48,
`
`Subscribed and sworn before me this
`
`EXHIBIT
`
`€472?
`
`

`

`50-CV-17—736
`50-CV-17-736
`
`Filed in Third Judicial District Court
`Filed in Third Judicial District Court
`3/30/2017 12:13:53
`PM
`3/30/2017 12:13:53 PM
`M_ower County,
`N
`Mower County, MN
`
`6
`THE RIGHT
`VEHIFiCATlON .r
`THE DEBT
`'
`IDENTITY or:
`
`-
`
`THIS ACTION.
`THE TIME
`LOWED av
`
`“_
`
`‘
`
`Mortgagoltn) ‘1'
`leased from Elna
`obunatio
`ci'al
`NONE
`ms- .
`comumcmpu
`IS mom A vast,
`common ._
`AflEMPflNG 1Q;
`COLLECT A
`DEBT. Amr '1
`
`TEFIMINI
`AMONG O
`
`” 355W
`
`fives or 35.5i.
`If We Mongflun ‘3
`not ralnstated un-
`do! Minn. Sm.
`“16
`§530.30 or
`properly is not [8'
`“fide'
`deemed
`318“-
`Mlnn.
`558028, the Men-
`gagor must vacate
`the preps“! 0" 0'
`before 11:59 pm.
`on Dumber 03.
`2017. or the next
`business da‘! ‘1 00'
`wbar 03. 2017 falls
`on a Smurdly.
`Sunday or 1.981
`hollday.
`
`Lfigal' biotice
`NOTICE OF
`MORTGAGE
`FORECLOSURE ,
`SALE
`IS
`NOTICE .
`HEREBY GIVEN
`mat default has oe-
`nurmd in ma enum-
`tlons 0| lhe follow-
`lng described mon-
`9&991
`DATE. OF MORT-
`GAGE: July 20.
`2011
`ORIGINAL PRINCI-
`PAL'AMOUNT 0F
`' M 0 Fl T G A G E '.
`$101,500.00
`MORTGAGONS)‘:
`Elroy A. Wendtland
`aka Eiroy Wendi-
`Iand, an unmarrled
`man
`M 0 RT (3 AG E E -.
`Mortgage Elec-
`tronic Registration
`Systems. 1nc.. as
`nominee lor Flag-
`mar Bank, FSB. It:
`successors andior
`asslgns
`DATE AND PLACE
`OF EECDRDING'.
`Recordad: August
`04. 2011 Mower
`Gounw Recorder
`""'
`Document Number:
`310116591160
`ASSIGNMENTS
`DF‘MQFITGAGE:
`And assigned to:
`ember
`Home
`'
`Latins. Inc.
`Dated: September
`29, 2015
`Hacorded: October
`20; 2016 Mower
`cannw‘nacordar " 7
`Document Number:
`A000622843
`Transactlon Agent:
`Mortgage Elec-
`tronic HegIstratlon
`Systems. Inc.
`Transactlon Agent
`Mongage Idenuflca-
`Number:
`tlon ,
`100052550323975
`630
`Lender or Broker:
`Flagstar Bank, FSB
`ResidenUai Mort-
`gage Sandbar: Call-
`ber Home Loans,
`Inc.
`Mortgage Orlglna-
`tor: NotAppIi'cabIo
`IN
`COUNTY
`PROP-
`WHICH
`LO-
`IS
`ERTY
`CATED: Mower
`Propeny Address:
`703 9111 St SE. Aun-
`tln. MN 55912-3860
`Tax Parcel ID Num-
`
`____..——-
`bu:54.245.0210
`LEGAL DESCRIP-
`TION OF PROP-
`ERTY: Commenc-
`=1nn a1 a point In-‘ha
`Wank“ or Outlot
`flln Elmwood Addl-
`'tion in 1118 Olly 01
`|Austln, Minnesota,
`485 he! North of
`ghe Spuihwest cor:
`ner‘ol'Outlot 10..In
`sald Omlot
`9.
`thence E83! 150
`feet, thence Nonh
`thance
`feel.
`50
`Wes! 150 feet to
`the West Ilne oi
`Outta! 9. thence
`South on the was:
`line of Guild 9. 50
`lost In the point a!
`beginnlng
`. DUE
`AMOUNT
`AND CLAIMED TO
`BE DUE AS OF
`DATE OF NOTICE:
`$1 13390.52
`THAT all pn-fora-
`requlre-
`closure
`menu have been
`«Implied wllh'. mat
`nn'actlan or pro-
`caedlng has baa’n
`lnatltulad at law or
`to
`re‘-
`otherwise
`cover lhe debt as-
`oured by sale! man-
`9398. or any part
`manor:
`PURSUANT to the
`power 0% sale can-
`lalnad In sald'mon-
`the
`gage.
`above-described
`property will he saw
`by the Sherilf of
`said county as lol—
`lows:
`DATE AND TIME
`OF SALE: April 03,
`2017;110:00 AM
`PLACE OF SALE:
`County
`Mower
`Sherifl's Ofllce.
`Mower County Law
`Entorcement Cen-
`ter, 201 First Street
`NE, Austln..Mlnne-
`9018
`to pay the debt sq-
`cured by said mon-
`gage and taxes. If
`any. on sald prom-
`IS‘II ind the costs
`M'flibummenn.
`mfilwn‘fl’brney
`hob nll‘awed by
`law, subject to re-
`demption within slx
`(6) months from
`the date of said
`ads by the monge-
`gods), Ihelr per-
`sonll representa-
`
`

`

`Filed in Third Judicial District Court
`Filed in Third Judicial District Court
`3/30/2017 12:13:53 PM
`3/30/2017 12:13:53 PM
`Mower County, MN
`Mower County, MN
`Resulls as ol:Mar-27-201712:29234 PM
`
`SCRA 3.0
`
`‘
`
`‘
`
`50-CV-17—736
`50-CV-17-736
`
`Department of Defense Manpower Data Center
`
`. Status Report
`' Pursuant m Serviccmcmhcrs Civil Relief Act
`
`SSN: XXX-XX
`Birth Date:
`Last Name: WENDTLAND
`First Name: ELROY
`Middle Name:
`Active Duty Status As Of: Mar-27-2017
`
`mm‘ '
`
`sum Dnla
`NA
`
`Mud
`
`smnm'u
`NA
`
`'laflm IIIB indmduula' acl'we
`
`slalu’fi
`
`mum
`
`EndDaie
`NA
`b‘m mdhndum 11s acrlwz
`
`smut. within 351
`
`Iha MM
`
`Smus Data
`
`1't
`
`NA
`{annals wllnlhnr Iha
`
`nr Harm-r mi! hasmcfiivefl
`
`nnrJllcallon lo
`
`Var
`
`Upon searchlng the data banks of the Department of Defense Manpower Data Center. based on the Informatlon that you provided. the above is the status of
`the indlvidual on the saliva duly status data as to all branches of the Uniformed Services (Army. Navy, Marine Corps, Air Force, NOAA, Public Health, and
`Coast Guard). This status includes information on a Servicemember or his/her unit receiving noilfication of future orders to report for Active Duty.
`
`Department of Defense - Manpower Data Center
`4800 Mark Center Drive. Suite 04E25
`Arlington. VA 22350
`
`EXHIBIT
`
`§ 1)
`
`

`

`Filed in Third Judicial District Court
`Filed in Third Judicial District Court
`3/30/2017 12:13:53 PM
`3/30/2017 12:13:53 PM
`Mower County, MN
`Mower County, MN
`Case 15—31134 Doc 1 Filed 03/30/15 Entered 03/30/15 13:52:54 Desc Main
`Document Page 11 of 40
`03/30/2015 01:52:03pm
`360 (Official Form SC) (4113)
`
`50-CV-17—T36
`50-CV-17-736
`
`In re Elroy A. Wendtland
`
`Case No.
`
`(If known)
`
`SCHEDULE C - PROPERTY CLAIMED AS EXEMPT
`
`Debtor claims the exemptions to which debtor is entitled under:
`(Check one box)
`[2] 11 U.S,C. § 522(b)(2)
`D 11 U,S,C. § 522(b)(3)
`
`Check if debtor cIaims a homestead exemption that exceeds
`$155,675.‘
`
`Description Of Property
`
`Specify Law Providing Each
`Exemption
`
`Value of Claimed
`Exemption
`
`Current
`Vélue 0f Propel-1y
`w'thOUt Deductlng
`Exemption
`
`11 USC. § 522(d)(1)
`
`$7,828.57
`
`5510380000
`
`$14.00
`$4000
`$14500
`
`$2,000‘00
`
`$20000
`
`$5000
`$83369
`
`$0 00
`
`$1400
`
`$40.00
`
`$145 00
`
`$2,000.00
`
`$20000
`
`$5000
`
`$833 69
`
`$0.00
`
`Home at 703 9th St SE, Austin MN
`Commencing at a point in the West line of
`Outlot 9 in Elmwood Addition to the City of
`Austin, Minnesota, 485 feet North ofthe
`Southwest corner of Outlot 10, in Outlot Nine.
`then East 150 feet, then North 50 feet, then
`West 150 feet to the West line of Outlot 9, then
`South on the West line of Outlot 9, 50 feet to the
`point of beginning, all in Mower County,
`Minnesota.
`
`Cash
`
`Checking account at Wells Fargo
`
`Share account at Accentra Credit Union
`
`Furniture‘ appliances, pots, pans, dishes,
`silverware, linens and bedding.
`
`11 U.S.C. § 522(d)(5)
`11 U.S.C. § 522(d)(5)
`11 U.S.C, § 522(d)(5)
`11 use § 522(d)(3)
`
`Miscellaneous items of clothing»no expensive
`furs or leather items,
`
`11 U.S.C. § 522(d)(3)
`
`Wrstwatch
`
`$6,000I1fe insurance policy at Thrustage
`Insurance (51J7228254)
`
`Term policy at Globe Life
`
`11 U.S.C. § 522(d)(4)
`11 USC. § 522(d)(8)
`
`11 U.S.C. § 522(d)(7)
`
`‘ Amountlsubject to adjustment on 4/01/16 and every three years thereafter with respect to cases
`commenced on or after the date of adjustment
`
`$11,111.26
`
`$107,082.69
`
`EXHIBIT9
`
`

`

`Filed in Third Judicial District Court
`Filed in Third Judicial District Court
`3/30/2017 12:13:53 PM
`3/30/2017 12:13:53 PM
`Mower County, MN
`Mower County, MN
`Case 15-31134 Doc 1 Filed 03/30/15 Entered 03/30/15 13:52:54 Desc Main
`Document Page 12 Of 40
`03130/2015 01:52:03pm
`B60 (Official Form 60) (4/13)--Cont.
`
`50'CV'17'736
`50-CV-17-736
`
`In re Elroy A. Wendtland
`
`Case No.
`
`(If known)
`
`SCHEDULE C - PROPERTY CLAIMED AS EXEMPT
`
`Continuation Sheet No‘ 1
`
`‘
`Descrlptjon of Property
`
`_
`
`'d'
`'WL
`row "19 at:
`5
`3W
`E
`P
`h
`DEC}
`Exemption
`
`fCl _
`a “B 0
`alme
`d
`V l
`Exemption
`
`Current
`Value DfProparly
`Without Deductin
`9
`Exemption
`
`2003 Buick Century-245,000 miles
`
`2005 Buick Century-75,445 miles
`
`11 U.S.C. § 522(d)(2)
`11 U.S.C. § 522(d)(5)
`
`$1,636.00
`$94500
`
`$1 ,636.00
`
`$4,945.00
`
`$13,692.26
`
`$113,663.69
`
`

`

`50'Cv'17'736
`50-CV-17-736
`Filed in Third Judicial District Céurt
`Filed in Third Judicial District Court
`3/30/2017 12:13:53 PM
`3/30/2017 12:13:53 PM
`Case 15-31134 Doc 14 Filed 07/01/15 Entered 07/01/15 22:00:09 Desc Discharge M°WerC°”“‘V« MN
`Mower County, MN
`7 Page 1 of 2
`
`UNITED STATES BANKRUPTCY COURT
`DISTRICT OF MINNESOTA
`
`In re:
`Elroy A. Wendtland
`703 9th Street SE
`Austin, MN 55912
`Social security/Taxpayer ID/Employer ID/Other N05,: xxx-xx
`
`Debtor(s)
`
`Case No: 15—31134 - KAC
`
`Chapter 7 Case
`
`DISCHARGE 0F DEBTOR(S)
`
`It appears that the debtor(s) are entitled to a discharge,
`IT IS ORDERED:
`The debt0r(s) are granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).
`
`Dated: 7/ 1/15
`
`Katherine A. Constantine
`United States Bankruptcy Judge
`
`dsc7 06/03/2013 - pb
`
`NOTICE OF ENTRY AND FILING ORDER OR JUDGMENT
`Filed and docket entry made on July I, 2015
`Lori Vosejpka Clerk, United States Bankruptcy Court
`B :ndmin De u! Cle k
`
`EXHIBIT
`
`