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Finnegan v. Suntrust Mortgage, Inc.

United States District Court, D. Minnesota

March 26, 2018

Thomas and Mary Finnegan, Plaintiffs,
v.
SunTrust Mortgage, Inc., and Federal National Mortgage Association, Defendants/Third-Party Plaintiffs
v.
Danny Solie, Third-Party Defendant.

          FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR JUDGMENT AND JUDGMENT AND DECREE

          SUSAN RICHARD NELSON UNITED STATES DISTRICT JUDGE

         The 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.

         After due consideration of the evidence adduced, and upon the files and records herein, the Court makes the following:

         FINDINGS OF FACTS

         1. On February 24, 2017, Defendants filed a Third-Party Complaint Against Danny Solie alleging Breach of Contract, Fraud, and Negligent Misrepresentation.

         2. 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.

         3. 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.

         4. Solie stopped making payments to SunTrust under the Note in July 2009.

         5. SunTrust commenced foreclosure proceedings in December 2009.

         6. On April 29, 2010, SunTrust purchased the property at a sheriff's foreclosure sale for $219, 100.

         7. On April 30, 2010, SunTrust assigned its interest in the Sheriff's Certificate of Sale to Fannie Mae.

         8. On 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.

         9. Solie failed to answer or otherwise respond to the Third-Party Complaint by March 27, 2017.

         10. On April 7, 2017, SunTrust filed its Application for Clerk's Entry of Default and supporting Affidavit, and the Clerk ...


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