White v. Federal Home Loan Mortgage Corporation et al

Filing 26

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT re: 24 Stipualtion for Entry of Consent Judgment. (Written Opinion). Signed by Judge Richard H. Kyle on 08/27/12. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
________________________________________________________________________
Celester Monique White,

Civil No. 12-651 (RHK/JJG)

Plaintiff,
v.
Federal Home Loan Mortgage
Corporation d/b/a Freddie Mac, and
U.S. Bank National Association,

FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER FOR JUDGMENT

Defendants.
________________________________________________________________________
This matter is before the Court upon the joint stipulation of Plaintiff Celester
Monique White and Defendant U.S. Bank National Association for entry of a consent
judgment. Based upon a review of the file, record and proceedings herein, the Court
makes the following:
FINDINGS OF FACT
1.

At all times relevant herein, Defendant U.S. Bank National Association

(“U.S. Bank”) was and is a national association duly organized and existing under the
laws of the United States and holds mortgages in the State of Minnesota.
2.

At all times relevant herein, Plaintiff Celester Monique White (“White”)

was the owner of certain real property (“Property”) situated at 3310 Sixth Street North,
Minneapolis, Hennepin County, Minnesota, and legally described as follows:
Lot 10 and the North 25 feet of Lot 9, Block 18, Baker’s 4th
Addition to Minneapolis, Hennepin County, Minnesota.

3.

On May 2, 2003, White executed a certain Note and a mortgage (the

“Mortgage”) in favor of U.S. Bank encumbering the Property in favor of U.S. Bank. The
Mortgage was filed for record on June 4, 2003, in the office of the Hennepin County
Recorder as Document No. 8062181 in the original amount of $123,190.
4.

After default in required installments upon said Note and Mortgage that

became due, U.S. Bank, by virtue of the acceleration clause contained in said Mortgage,
did accelerate the loan and scheduled a mortgage foreclosure sale, which sale was
completed. U.S. Bank was the successful bidder at the Sheriff's mortgage foreclosure
sale, and a Sheriff's Certificate of Sale and attachments were filed for record on January
27, 2011, in the office of the Hennepin County Recorder as Document No. A9617614.
5.

By separate written agreement, U.S. Bank and White have agreed, inter

alia, that the Mortgage should be revived as if said mortgage foreclosure proceedings had
not occurred and the aforesaid Sheriff’s Sale should be declared null and void.
6.

There are no parties that will be prejudiced by the relief requested herein.

7.

The parties request a judgment nullifying the Sheriff’s foreclosure sale and

reviving the Mortgage filed as Document No. 8062181 to its original priority, together
with the Note of even date, together with all its terms and conditions as modified by the
parties’ subsequent written agreement.
CONCLUSIONS OF LAW
8.

The Court has jurisdiction over the parties. The Court has jurisdiction over

the subject matter pursuant to 28 U.S.C. §§ 1331 and 1442 and 12 U.S.C. § 1452(f).

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9.

The Sheriff's Certificate of Sale and attachments recorded as Hennepin

County Recorder Document No. A9617614 are annulled and shall be of no further force
and effect.
10.

The Note and the Mortgage filed as Hennepin County Recorder Document

No. 8062181 are revived in full force and effect to their original priority, together with all
of the terms and conditions contained therein including, but not limited to, the power of
sale contained therein, as provided by said Note and Mortgage, subject to prior
encumbrances of record if any concerning the real property situated in Hennepin County
and legally described as:
Lot 10 and the North 25 feet of Lot 9, Block 18, Baker’s 4th
Addition to Minneapolis, Hennepin County, Minnesota.
11.

The interests of White are subject to and inferior to the Mortgage in favor

of U.S. Bank.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: August 27, 2012
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge

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