ORDER TO SHOW CAUSE
IN PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION OF LAND
STATE OF MINNESOTA
COUNTY OF WASHINGTON
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Court File No. 82-CV-11-5455
In the Matter of the Petition of:
GMAC Mortgage, LLC
In Relation to Property Registered in
Certificate of Title No. 64993 issued for land in the County of Washington, State of Minnesota, and legally described as:
Lot Seven (7), Block Two (2), ROLLING ACRES
TO: Dana L. Petersen
Dana L. Schley
David C. Petersen
Mrs. David C. Peterson
Western Bank
Upon receiving and filing the Report of the Examiner of Titles in the above-entitled matter, IT IS ORDERED, that you and all persons interested, appear before this Court on October 5, 2012 at 1:00 p.m. at the Washington County Government Center, 14949 62nd Street North, Stillwater, Minnesota, for the special term calendar, and then, or as soon thereafter as said matter can be heard, show cause, if any there be, why this Court should not enter an Order as follows:
NOW THEREFORE, IT IS ORDERED:
1. The Incorrect Version of the Mortgage recorded as document number 1124394, which incorrectly listed the borrowers' names and marital status but is otherwise identical to the Correct Version of the Mortgage that listed the borrowers as David C. Petersen and Dana L. Petersen f/k/a Dana L. Schley, husband and wife but was not recorded, is a valid and enforceable mortgage against the Property as if it had been duly executed by David C. Petersen and Dana L. Petersen f/k/a Dana L. Schley, husband and wife.
2. The Incorrect Version, document number 1124394, is reformed, nunc pro tunc, to list the borrowers as "David C. Petersen and Dana L. Petersen f/k/a Dana L. Schley, husband and wife". Directing the Registrar of Titles to show by memorial on Certificate of Title No. 64993 that Mortgage document number 1124394 is reformed nunc pro tunc to list the borrowers as "David C. Petersen and Dana L. Petersen f/k/a Dana L. Schley, husband and wife", and directing the Registrar of Titles to carry forward such memorial until Mortgage document number 1124394 is satisfied or released.
3. Dana L. Petersen is estopped from asserting the protection of Minn. Stat. § 507.02 and estopped from denying the validity and enforceability of the Mortgage.
4. Dana L. Petersen ratified the Mortgage as a valid and enforceable Mortgage against the Property.
5. Dana L. Petersen waived her homestead rights and the protections of Minn. Stat. § 507.02.
6. The Mortgage is a valid and enforceable mortgage against the Property so as to prevent the unjust enrichment of Dana L. Petersen at the expense of Petitioner.
7. In the event that the Mortgage is found not to be a valid and enforceable mortgage against the Property, Petitioner has an equitable lien against the Property, in an exact amount and terms to be determined at trial.
8. Petitioner is equitably subrogated to the position and interests of the prior debts of David C. Petersen and Dana L. Petersen which were paid off and satisfied by the Mortgage, in an exact amount and terms to be determined at trial.
9. For such other and further relief as the Court deems just and equitable.
ATTENDANCE IS REQUIRED ONLY BY THOSE WHO WISH TO OBJECT TO THE ENTRY OF THE ABOVE-DESCRIBED ORDER.
IT IS FURTHER ORDERED, that this Order to Show Cause be served: (a) at least 10 days prior to such hearing upon all of the above named parties residing in this State in the manner provided by law for the service of a Summons in a civil action; (b) at least 14 days prior to such hearing upon any of the above-named nonresidents by sending a copy of this Order to such nonresident's post office address, by registered or certified mail, return receipt; (c) it shall be served upon any party who cannot be found by two weeks published notice and by sending a copy of this Order at least 14 days prior to the hearing by first class mail to such party at his last known address and by sending another copy of this Order at least 14 days prior to the hearing by first class mail to his address as stated on the Certificate of Title if an address is so stated.
Approved: Edward W. Simonet, III
Examiner of Titles
Dated: ____________
By: ______________
_______________________
JUDGE OF THE DISTRICT COURT
Attorneys for Petitioner:
Bradley N. Beisel (#6191)
David J. Krco (#0389382)
282 U.S. Trust Building
730 Second Avenue South
Minneapolis, MN 55402
Tel: 612.767.4831
Fax: 612.338.6600
File No. 9777
8/22-8/29/2012
Tags: public notices, general legals
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