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Home My WebLink About2012 - court findings CAMPBELL KNUTSON..{ P Fess£on zi .sssociat on June 19,2012 L,:rrr ii J. CL.:H-13c11 r:71 P _i(io• .f. e.. , Paul J.Pascuzzi 3320 Navarre Lane Wayzata,Minnesota 55391 Norwest Mortgage,Inc., a California corporation n/k/a Wells Fargo Bank,N.A., successor by merger to Wells Fargo Home Mortgage, Inc. c/o Corporation Service Company 380 Jackson Street,#700 St. Paul, Minnesota 55101 Shapiro &Zielke, LLP 12550 West Frontage Road, Suite 200 Burnsville,Minnesota 55337 Re: In Re: The Matter of a Hazardous Building Located at 3320 Navarre Lane, City of Orono,Hennepin County,Minnesota. Court File No.: 27-CV-13-8875 Dear Sir/Madam: Enclosed herein and served upon you by U.S. Mail,please find an Order executed by the Housing Court Referee Jason Hutchison and a Judge of Hennepin County District Court on June 18, 2013,regarding the above-referenced matter. Very truly yours, CAMPBELL KNUTSON Professional Association 212 By: Soren M. Mattick _ • SMM/jmo Enclosure 170984 AFFIDAVIT OF SERVICE BY MAIL STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) Jean M. Olson, of the City of Hastings, State of Minnesota,being first duly sworn, says that on the 19th day of June,2013, she served the annexed ORDER executed by the Housing Court Referee Jason Hutchison and a Judge of Hennepin County District Court,upon: Paul J. Pascuzzi 3320 Navarre Lane Wayzata,Minnesota 55391 Norwest Mortgage,Inc., a California corporation n/k/a Wells Fargo Bank,N.A., successor by merger to Wells Fargo Home Mortgage, Inc. c/o Corporation Service Company 380 Jackson Street, #700 St. Paul,Minnesota 55101; Shapiro&Zielke, LLP 12550 West Frontage Road, Suite 200 Burnsville, Minnesota 55337 by mailing to said parties a copy thereof,enclosed in an envelope,postage prepaid, and by depositing the same in the post office at Eagan,Minnesota, directed to said parties at the address listed above for each,being their last known address. 4 _ '----� Jean 0!0 sones Subscribed and sworn to before me this 19/4._day of NJune,,20^13e . ,_ xiii.) Public NANETTE M. EILERS ~ `_1:; :;j , Notary Public-Minnesota My Commission Expires Jan 31,2015 170984 STATE OF MINNESOTA DISTRICT COURT t COUNTY OF HENNEPIN ' ±-" FOURTH JUDICIAL DISTRICT 13 in ` 1 CASE TYPE: Other Civil Referee Jason Hutchison IN RE: Court File No.: 27-CV-13-8875 The Matter of a Hazardous Building and Property located at 3320 Navarre Lane, City ORDER of Orono,Hennepin County,Minnesota This matter came on for trial/hearing before the Honorable Jason Hutchison,Referee of Housing Court on June 18, 2013. Soren M.Mattick, Esq.,of Campbell Knutson,P.A., appeared on behalf of the City of Orono. Stephanie O.Nelson,Esq., of Shapiro &Zielke,LLP,appeared on behalf of First Mortgage Lienholder Wells Fargo Bank,N.A. Based upon the verified petition,testimony,evidence,and stipulation of the City of Orono and Wells Fargo Bank,N.A., and all of the files,records, and proceedings,the Court makes the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The above-entitled matter came on before the Honorable Referee Jason Hutchison in the Hennepin County District Court Housing Court pursuant to the Notice of Motion and Motion of the City of Orono for relief regarding the property located at 3320 Navarre Lane, Orono, Minnesota. 2. In an inspection on March 31, 2013,the City Building Official found that the residential building located at 3320 Navarre Lane had numerous building code violations and structural deficiencies,including the determination that the building on the site is hazardous due 170959 2. Rule 602 of the Housing Court Rules for Hennepin County authorizes the Housing Court Referee to preside over proceedings involving health, safety,housing,building and fire prevention or housing codes. 3. A mortgagor's redemption period as to certain abandoned properties may be reduced from twelve months to five weeks. Minn.Stat. § 582.032(2010). 4. A holder of a mortgage has a limited right of entry to protect abandoned premises from trespass and waste. Minn.Stat. § 582.031 (2009). ORDER 1. The motion of the City of Orono for Correction of Hazardous Conditions and the Abatement of Public Nuisances existing at 3320 Navarre Lane, Orono,Minnesota, is hereby granted. 2. The City of Orono is authorized to enter the property to correct the condition of the property so it is no longer hazardous and complies with all applicable building codes and ordinance 3. The property is abandoned and has been rekeyed by Wells Fargo Bank,N.A. under Minn. Stat. § 582.031. 4. Pursuant to Minn. Stat. § 582.032, Wells Fargo Bank,N.A. intends to bring an action in front of the Hennepin Examiner of Titles to reduce the redemption period to five weeks based on abandonment. 5. After the five week redemption period following the foreclosure expires,Wells Fargo Bank,NA.will be able to access the interior of the hazardous building to bring the property into compliance or remove the building. 170959 Let Judgment Be Entered Accordingly Recommend By: By the Court: A�7-' 7/� aso. Hutchison J� ' ' "��'�'�� ing Court Referee `- Judge of District Court ' ( ?Q1 5 Date Date r JUDGMENT I hereby certify that the above Order constitutes the entry of Judgment of the Court. Dated: 1p j C 17/l0/3 Court • ..s.s- •i r: • BY: �.4l Wil eputy .:opies given to Piaintift 1/ Defendant V Date (o/11/Z0/3 By__,,_.,. _Mailed 170959 rxi.h CAMPBELL KNUTSON,* ;�.. professional of essional :AssociEation 1 11 rt1a5 1. (..iRtphci l 40i Rogtr N. nut,,<,,, May 24, 2013 /1� �i 1 1 t 13. h F t,,;, rt, �e47f 5rrtr21. l:att�`� Royo lift . 1 _ b„.!l• H`"`' '-,.; ,t1. Ili Mr. Paul J. Pascuzzi 3320 Navarre Lane ,,,,, I ull I i G i n « ,, of c j Wayzata, Minnesota 55391 Re: In Re: The Matter of a Hazardous Building Located at 3320 Navarre Lane, City of Orono, Hennepin County, Minnesota. Court File No.: 27-CV-13-8875 Dear Mr. Pascuzzi: Enclosed herewith and served upon you by United States mail please find a Notice of Motion and Motion for Summary Enforcement in the above matter. Very truly yours, CAMPBELL KNUTSON Professional Association By: Soren M. Mattick SMM/cjh Enclosures cc: Housing Court Referee Jason T. Hutchison w/encl. (courtesy copy) Lyle Oman, Orono Building Official -,,,,Uc, r,,, r_a_ s_, .',.— 160724 CAMPBELL KNUTSON Professional Association I Iloinas (:11npheti ito'gcr N. IAnllt,c,si rll<,tl,; `.:,,tt May 24, 2013 I Mott B. knot, ll Jori {. T=mt16,: ‘fititca I" Soren \1. ''att+.i. .., €iclit "! ` ,\ ` '` "�` ``1 Norwest Mortgage, Inc, n/k/a Wells Fargo Bank, N.A. t is ±Ct7l4 P"1 ` c/o Corporation Service Company I. �l c r 380 Jackson Street, #700 St. Paul, Minnesota 55101 Re: In Re: The Matter of a Hazardous Building Located at 3320 Navarre Lane, City of Orono, Hennepin County, Minnesota. Court File No.: 27-CV-13-8875 Dear Sir or Madam:: Enclosed herewith and served upon you by United States mail please find a Notice of Motion and Motion for Summary Enforcement in the above matter. Very truly yours, CAMPBELL KNUTSON Professional Association By: 2- Soren M. Mattick SMM/cjh Enclosures cc: Housing Court Referee Jason T. Hutchison w/encl. (courtesy copy) Lyle Oman, Orono Building Official 'tfl1 31-- • i s .,. :`-; .:0111 160724 CAMPBELL KNUTSON Professional A4sociation I hum.,J. C tupi'.ii Roger 'ti. l rtut,ort May 24, 2013 Ihontrn NI. 4iiitt 1'_li1ott 1._ Knct Ch loci I. l:i Fil lith Andirc:t NI,J)ov,r11 E'.,,6'. Sor,11 70. `l,` Shapiro & Zielke, LLP 1 12550 West Frontage Road, Suite 200 t.u.zu, ;. Burnsville, Minnesota 55337 Re: In Re: The Matter of a Hazardous Building Located at 3320 Navarre Lane, City of Orono, Hennepin County, Minnesota. Court File No.: 27-CV-13-8875 Dear Sir or Madam: Enclosed herewith and served upon you by United States mail please find a Notice of Motion and Motion for Summary Enforcement in the above matter. Very truly yours, CAMPBELL KNUTSON Professional Association By: Soren M. Mattick SMM/cjh Enclosures cc: Housing Court Referee Jason T. Hutchison w/encl. (courtesy copy) Lyle Oman, Orono Building Official t,51-452-:`C 160724 AFFIDAVIT OF SERVICE BY MAIL STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) Carole J. Hoeft, of the City of Eagan, State of Minnesota, being first duly sworn, says that on the 24th day of May, 2013, she served the annexed Notice of Motion and Motion for Summary Enforcement Pursuant to Minn. Stat. § 463.19 and a proposed Order upon: Paul J. Pascuzzi 3320 Navarre Lane Wayzata, Minnesota 55391 Norwest Mortgage, Inc., n/k/a Wells Fargo Bank,N.A. c/o Corporation Service company 380 Jacosn Street, #700 St. Paul, Minnesota 55101 Shapiro &Zielke, LLP 12550 West Frontage Road, Suite 200 Burnsville, Minnesota 55337 by mailing to said parties copies thereof, enclosed in an envelope,postage prepaid, and by depositing the same in the post office at Eagan, Minnesota, directed to said parties at the address listed above for each, being their last known address. bi,W-1 .\ , — IN Carole J. Hoeft Subscribed and sworn to before me this 24th day of Ma2013. ,jfility, (y/'. 0 Notary Putt c (..";.' `"'?f. SHERRY LYNNE CHARBONEAU Notary Public-Minnesota 'G;_M • ='+`� My Commission Expires Jan 31,2015 160724