Wells Fargo Bank, N.A. v. Hayes et al

Filing 30

ORDER granting 13 Motion for Summary Judgment (Written Opinion). Signed by Senior Judge David S. Doty on 6/28/2012. (PJM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Wells Fargo Bank, N.A.,

Civil No. 11-3267 DSD/FLN
Petitioner,

v.

ORDER

Laurie A. Hayes, USAA Federal Savings
Bank, United States of America, and Parties
in Possession of the Premesis,
Respondents.

This matter is before the court upon Petitioner’s motion for summary judgment as
to respondent United States of America. The United States of America, pursuant to its
settlement agreement with Petitioner, agreed not to contest the relief sought by Petitioner.
Settlement Agreement ¶ 2, ECF No. 29. Therefore, based on a review of the file, record
and proceedings herein, and in accordance with the settlement agreement, the court
determines that summary judgment is warranted against the United States of America and
in favor of Petitioner. The court further determines that there is no just reason to delay
entry of judgment as to the United States of America. See Fed. R. Civ. P. 54(b).
Accordingly, IT IS HEREBY ORDERED that:
1.

The motion for summary judgment [ECF No. 13] is granted;

2.

It is adjudicated, decreed and declared that the mortgage given to Wells
Fargo Bank, N.A., filed June 18, 2010, as Washington County Registrar of
Titles Document No. 1199564, is subrogated to the position of the prior
1

mortgage filed June 18, 2010, as Washington County Recorder Document
No. 1199564; and
3.

It is adjudicated, decreed and declared that the mortgage given to Wells
Fargo Bank, N.A., filed June 18, 2010, as Washington County Registrar of
Titles Document No. 1199564, is prior and superior to the tax lien in favor
of the United States of America – Internal Revenue Service, recorded May
26, 2010, as Washington County Recorder Document No. 3792968.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: June 28, 2012
s/ David S. Doty
David S. Doty, Judge
United States District Court

2