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Motion to Stay Eviction in MN Court

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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247 views3 pages

Motion to Stay Eviction in MN Court

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.

Uploaded by

nilessorrell
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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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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