United States District Court, D. Minnesota
FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR
JUDGMENT AND JUDGMENT AND DECREE
RICHARD NELSON UNITED STATES DISTRICT JUDGE
above-entitled action came before this Court, on March 9,
2018 at 9:00 am; Susan Dickel Minsberg, representing
Defendant SunTrust Mortgage, Inc. (“SunTrust”),
filed the Third-Party Complaint Against Third-Party Defendant
Danny Solie (“Third-Party Complaint”) before this
Court; and it appearing to the Court that Danny Solie
(“Solie”), having been duly served with Summons
herein, and failing to appear by answer, demurrer, or
otherwise, and that more than 20 days have elapsed since the
service of said Summons.
due consideration of the evidence adduced, and upon the files
and records herein, the Court makes the following:
February 24, 2017, Defendants filed a Third-Party Complaint
Against Danny Solie alleging Breach of Contract, Fraud, and
Defendants' claims in the Third-Party Complaint were
premised upon a promissory note executed by Solie on October
15, 2007 for a mortgage loan from SunTrust in the amount of
$288, 750.00 (the “Note, ” attached as Exhibit
A), which was secured by a mortgage in favor of SunTrust upon
real property located at 9755 Friar Drive in the City of Eden
Prairie, County of Hennepin, State of Minnesota.
Pursuant to the loan documents, beginning on December 1,
2007, Solie agreed to make monthly payments to SunTrust in
the amount of $1, 969.79 until he had paid all principal and
interest under the Note.
Solie stopped making payments to SunTrust under the Note in
SunTrust commenced foreclosure proceedings in December 2009.
April 29, 2010, SunTrust purchased the property at a
sheriff's foreclosure sale for $219, 100.
April 30, 2010, SunTrust assigned its interest in the
Sheriff's Certificate of Sale to Fannie Mae.
March 7, 2017, Solie was personally served with the
Third-Party Summons and Third-Party Complaint at 1231
Brighton Square, St. Paul, Minnesota 55112 by Metro Legal
Services, a process server.
Solie failed to answer or otherwise respond to the
Third-Party Complaint by March 27, 2017.
April 7, 2017, SunTrust filed its Application for Clerk's
Entry of Default and supporting Affidavit, and the Clerk