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    Motion To Stay Eviction MN

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    nilessorrell
    The defendants, Pamela and Robert Fleck, filed a motion to stay their eviction from their property located in Sleepy Eye, Minnesota. They argue that the plaintiff, U.S. Bank, did not prove they own the property and that the defendants found an approved loan modification from August 2016 that they never received. The Flecks request that the court allow them to accept the loan modification to stay in their home and make the modified payments.

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    Motion To Stay Eviction MN

    Uploaded by

    nilessorrell
    131 views3 pages
    The defendants, Pamela and Robert Fleck, filed a motion to stay their eviction from their property located in Sleepy Eye, Minnesota. They argue that the plaintiff, U.S. Bank, did not prove they own the property and that the defendants found an approved loan modification from August 2016 that they never received. The Flecks request that the court allow them to accept the loan modification to stay in their home and make the modified payments.

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    Motion to Stay Eviction MN

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    The defendants, Pamela and Robert Fleck, filed a motion to stay their eviction from their property located in Sleepy Eye, Minnesota. They argue that the plaintiff, U.S. Bank, did not prove they own the property and that the defendants found an approved loan modification from August 2016 that they never received. The Flecks request that the court allow them to accept the loan modification to stay in their home and make the modified payments.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    131 views3 pages

    Motion To Stay Eviction MN

    Uploaded by

    nilessorrell
    The defendants, Pamela and Robert Fleck, filed a motion to stay their eviction from their property located in Sleepy Eye, Minnesota. They argue that the plaintiff, U.S. Bank, did not prove they own the property and that the defendants found an approved loan modification from August 2016 that they never received. The Flecks request that the court allow them to accept the loan modification to stay in their home and make the modified payments.

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    The defendants received approval for a loan modification in August 2016 but claim they were never directly notified of it. They found the approval document in the plaintiff's response to a Qualified Written Request. The defendants are arguing that the plaintiff has not proven ownership of the property and are requesting to accept the loan modification.

    The defendants' argument against the plaintiff is that the plaintiff has not proven they are the actual owners of the property and that the defendants found an approved loan modification from the plaintiff dated August 12, 2016.

    The defendants are requesting judgment against the plaintiff for restitution of the property and for the court to allow the defendants the chance to accept the loan modification as presented. They claim to be able to make the loan modification payments.

    STATE OF MINNESOTA DISTRICT COURT

    County of Brown FIFTH JUDICIAL DISTRICT

    Court File Number: 08-CV-16-1243

    MOTION TO STAY EVICTION

    U.S. Bank National Association, successor by merger


    to U.S. Bank National Association ND

    Plaintiff,

    vs.

    Paul Rose, Pamela M. Fleck, Robert J. Fleck,


    John Doe, and Mary Rowe

    Defendant(s)

    Pamela M. Fleck and Robert J. Fleck Pro Se, Defendants herein, being first duly sworn

    oath state as follows:

    1. Plaintiff has not proven they are the actual owners of the following described property

    located in Brown County, Minnesota, having a street address of 316 Water St SW, Sleepy Eye,

    MN 56085 including all out buildings and garage(s), and legally described as follows:

    Lots 10 and 11, Block 50, Original Plat, City of Sleepy Eye, Brown County, Minnesota

    2. Plaintiff alleges they bought the property at a Sheriff sale on August 6, 2015,

    However, Defendants found an approved loan modification from Plaintiff dated August 12, 2016

    a true and correct copy of the loan modification package is attached hereto.

    3. Defendants never received this loan modification approval separately. It was found in

    Plaintiffs answer to a Qualified Written Request (QWR).


    WHEREFORE, Defendants demand judgment against Plaintiff for restitution of the

    property and the court allow Defendants the chance to accept the loan modification as presented.

    Defendants are able to make the loan modification payments.

    Respectfully Submitted,

    Pamela M. Fleck, Pro Se


    316 Water St SW
    Sleepy Eye, MN 56085

    Robert J. Fleck, Pro Se


    316 Water St SW
    Sleepy Eye, MN 56085

    CERTIFICATE OF SERVICE
    I certify that on this ________ day of _________________, 2016, we Pamela M. Fleck
    and Robert J. Fleck sent certified First Class Mail via the U.S. Postal service a true and correct
    copy of this Motion to Stay Eviction to Plaintiffs attorney listed below.

    Wilford, Geske and Cook P.A.


    Orin J. Kipp #0390438
    Greta L Bjerkness #0390575
    7616 Currell Blvd Suite 200
    Woodbury, MN 55125-2296
    (651) 209-3300

    Pamela M. Fleck, Pro Se


    316 Water St SW
    Sleepy Eye, MN 56085

    Robert J. Fleck, Pro Se


    316 Water St SW
    Sleepy Eye, MN 56085

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