United States District Court, D. Minnesota
D. McGraw for plaintiff.
Kathryn J. Bergstrom for defendant.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR
R. TUNHEIM Chief Judge
Cynthia Beckler, formerly known as Cynthia Roers, filed this
action in 2014 to quiet title on three real properties.
Beckler seeks to void three mortgages held by Defendant Bank
of America (“BOA”) on those properties. The Court
conducted a bench trial on January 30 and 31, 2017 and the
parties provided final written submissions between March 17
and April 5, 2017. Having considered each party's
evidence, exhibits, and arguments of counsel, the Court
enters the following Findings of Fact, Conclusions of Law,
and Order for Judgment, pursuant to Fed.R.Civ.P. 52(a)(1).
OF FACT 
All of the Findings of Fact set forth herein are undisputed
or have been proved by a preponderance of the evidence.
To the extent the Court's Conclusions of Law include what
may be considered Findings of Fact, they are incorporated
herein by reference.
Beckler is a Minnesota resident. (Tr. 114:17-18; Notice of
Removal, Ex. A (“Compl.”) ¶ 3, Jan. 23,
2014, Docket No. 1.) Beckler owns real estate in Minnesota
and in Mexico. (Ex. 24 ¶¶ 17-20.)
Beckler owns three properties at issue: 7485 Kingswood Road
in Minnetrista, Minnesota (the “Kingswood
Property”), and 5412 and 5416 Benton Avenue in Edina,
Minnesota (the “Benton Avenue Properties”). (Tr.
115:12-117:8.) The Court will refer to these three properties
as the “Non-Marital Properties.”
5. BOA is a national banking association
organized under United States law with its primary office in
Charlotte, North Carolina. (Notice of Removal ¶ 20.) BOA
is the successor-in-interest to Countrywide Bank and now
holds three mortgages on the Non-Marital Properties
originated by Countrywide Bank. (Tr. 242:18-243:6.)
MARRIAGE TO ALAN ROERS
Beckler married Alan Roers in November 2005. (Tr. 117:9-14.)
Beckler acquired the Non-Marital Properties prior to marrying
Roers. (Tr. 117:15-19.)
After their marriage, Beckler and Roers lived together at the
Kingswood Property. (Tr. 69:12-14.)
In March 2006, Beckler transferred title in the Kingswood
Property from her name to Beckler and Roers jointly for the
purpose of refinancing the mortgage on the property. (Tr.
20 COUNTRY ROAD 20 PROPERTY
In June 2006, Beckler was interested in purchasing a ranch
home located at 20 County Road 20 in Minnetrista, Minnesota
(the “20-20 Ranch”). (Tr. 119:12-121:10.) After
viewing the property, she called Roers and told him the
property was “unreal.” (Tr. 121:11-14.) As a
result, Roers began preparing to purchase the home. (Tr.
In July 2006, Roers entered into a purchase agreement on
20-20 Ranch for $4, 100, 000, (Tr. 32:19-33:5), and Roers
attempted to obtain financing ...