Palladium Holdings, LLC v. Zuni Mortgage Loan Trust 2006-OA1

775 N.W.2d 168, 2009 Minn. App. LEXIS 205, 2009 WL 4040717
CourtCourt of Appeals of Minnesota
DecidedNovember 24, 2009
DocketA09-489
StatusPublished
Cited by19 cases

This text of 775 N.W.2d 168 (Palladium Holdings, LLC v. Zuni Mortgage Loan Trust 2006-OA1) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palladium Holdings, LLC v. Zuni Mortgage Loan Trust 2006-OA1, 775 N.W.2d 168, 2009 Minn. App. LEXIS 205, 2009 WL 4040717 (Mich. Ct. App. 2009).

Opinion

OPINION

SCHELLHAS, Judge.

In this redemption dispute following foreclosure by advertisement of a town-home-association lien, appellant challenges the district court’s order granting respondent’s motion to vacate a five-week redemption order issued under Minn.Stat. § 582.032 (2008). Appellant argues that: (1) rule 60.02 does not apply to a five-week redemption order obtained under the 2008 amendment to Minn. Stat. § 582.032, subd. 7; (2) the Finden factors did not support the vacation of the five-week redemption order; and (3) the district court abused its discretion by accepting untimely affidavits. We affirm.

FACTS

Appellant Palladium Holdings, LLC (Palladium) foreclosed by advertisement a townhome-association lien for unpaid association dues. The sheriffs sale was held on September 4, 2008. On August 25, 2008, Palladium filed a summons and complaint, seeking to reduce the townhome-association lien-foreclosure redemption period from six months to five weeks. Palladium alleged that respondent Zuni Mortgage Loan Trust (Zuni) is a foreign loan trust that acquired its interest in the subject townhome (the townhome) through a limited warranty deed delivered by the purchaser of the sheriffs certificate at a sheriffs sale in the foreclosure by advertisement of a first mortgage against the townhome. The summons directed Zuni to appear before the district court on September 11, 2008, at 3:00 p.m.

To support its request for a reduced redemption period, Palladium submitted several affidavits: (1) Steven Schweizer’s “AFFIDAVIT OF NOT FOUND,” signed September 2, 2008, stating that he attempted to serve Zuni at 304 Ridgewood Avenue, Minneapolis (the address of the townhome) and was unable to locate Zuni there “or locate a business or alternative address in the County of Hennepin, for the purpose of effecting personal service of process”; (2) Steven Schweizer’s “AFFIDAVIT OF POSTING,” signed September 2, 2008, stating “that personal service of the summons and complaint ... was un *171 able to be made and therefore, I went upon the land and premises commonly known [as] 304 Ridgewood Avenue ... and posted the Summons and Complaint on September 1, 2008, ... in a conspicuous place and on all accessible exterior entrances”; (3) “AFFIDAVIT OF SERVICE BY BOTH U.S. MAIL AND CERTIFIED MAIL,” signed by Michelle Glass, on September 2, 2008, stating that the Summons and Complaint were mailed on September 2, 2008, by “United States mail” and “By Certified mail” “addressed as follows:

Countrywide Home Loans, Inc. ptxc35
7105 Corporate Drive
Plano, TX 75024”;
(4) “Affidavit of Troy Van Beek,” an attorney for Palladium, signed on September 3, 2008, stating that the real property was “vacant and abandoned,” that Zuni “has not requested access to the premises,” and that “[b]ecause the property is vacant and abandoned and [Zuni] cannot be located in the County of Hennepin, [Palladium] has posted the Summons and Complaint in a conspicuous place on the real property and also mailed the Summons and Complaint via us mail and certified mail to the last known address of [Zuni]”; and (5) “AFFIDAVIT OF JOE YURECKO,” “an authorized officer of [Palladium],” signed oh September 3, 2008, stating, among other things, that: “The property is vacant and/or abandoned”; and “No party has requested entrance to the premises from me. There are no utilities to the property. There are no personal effects in the property. It is abandoned”; and “this Affidavit is made in connection with [Palladium]’s request to reduce the redemption period to five weeks.”

On September 9, 2008, Palladium filed an amended summons that directed Zuni to appear before the district court on September 25, 2008, at 3:00 p.m., and filed additional affidavits including: (1) “AFFIDAVIT OF NOT FOUND,” signed by Steven Schweizer on September 9, 2008, stating that he attempted to serve the amended summons and a copy of the complaint on Zuni at the townhome address and could not locate Zuni there or locate a business or alternative address in Henne-pin County; (2) “AFFIDAVIT OF POSTING,” signed by Steven Schweizer on September 9, 2008, stating that, on September 9, 2008, he posted the amended summons and complaint “in a conspicuous place and on all accessible exterior entrances to the premises” at the townhome address; (3) “AFFIDAVIT OF SERVICE BY BOTH U.S. MAIL AND CERTIFIED MAIL,” signed by Michelle Glass on September 9, 2008, stating that, on September 9, 2008, she mailed the Summons and Complaint by “United States mail” and “By Certified mail” “addressed as follows:

Zuni Mortgage Loan Trust 2006-OA1,
C/O Countrywide Home Loans, Inc.
ptxc35
7105 Corporate Drive
Plano, TX 75024”;
(4) “AFFIDAVIT OF NOT-FOUND,” signed by Steven Schweizer on September 25, 2008, stating that on September 9, 2008, he attempted to serve the amended summons and a copy of the complaint on Zuni at the townhome address and could not locate Zuni there or locate a business or alternative address in Hennepin County; (5) “AFFIDAVIT OF POSTING,” signed by Steven Schweizer on September 25, 2008, stating that he posted the amended summons and complaint “in a conspicuous place and on all accessible exterior entrances to the premises” at the town-home address on September 9, 2008; and (6) “AFFIDAVIT OF SERVICE BY BOTH U.S. MAIL AND CERTIFIED MAIL,” signed by Michelle Glass on September 25, 2008, stating that, on September 9, 2008, “she served upon the above *172 captioned Defendant, Zuni Mortgage Loan Trust 2006-OA1,” the Summons and Complaint by “United States mail” and “By Certified mail” “addressed as follows:
Zuni Mortgage Loan Trust 2006-OA1,
C/O Countrywide Home Loans, Inc. ptxc35
7105 Corporate Drive
Plano, TX 75024.”

The affidavits signed on September 25, 2008, include the district court case caption.

On September 25, 2008, without noting the parties’ appearances or lack thereof, the district court 1 issued an order finding, among other things, that the townhome is “abandoned” and that “[a]ll statutory provisions have been complied with including Minn.Stat. 582.032,” and reducing “[Zunij’s redemption period from the September 4, 2008, Sheriff sale on the association lien” “to five weeks from the date of th[e] Order.” The parties do not dispute that Zuni did not appear at the hearing on September 25, 2008.

On February 10, 2009, Zuni filed a motion to reopen and vacate the September 25, 2008 five-week redemption order. Zuni asserted that the five-week redemption order was obtained “as the result of surprise, misrepresentation, and misconduct on the part of [Palladium].” In support of its motion, Zuni filed an affidavit from Jim Angle, a realtor hired by Countrywide Home Loans to inspect, monitor, and market the townhome.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sherrie Ann Williams v. Midwest Bonding
Court of Appeals of Minnesota, 2025
Justin Dean Schultz v. Analisa French Perkins
Court of Appeals of Minnesota, 2024
State of Minnesota v. Charlene Marie Waldron
Court of Appeals of Minnesota, 2023
Marriage of Anderson v. Anderson
897 N.W.2d 828 (Court of Appeals of Minnesota, 2017)
In re Olson ex rel. A.C.O. v. Olson
892 N.W.2d 837 (Court of Appeals of Minnesota, 2017)
Alan B. Fish, P. A. v. Scott Janson
Court of Appeals of Minnesota, 2016
In re: The Frank John Rodriguez Sr. Trust.
Court of Appeals of Minnesota, 2016

Cite This Page — Counsel Stack

Bluebook (online)
775 N.W.2d 168, 2009 Minn. App. LEXIS 205, 2009 WL 4040717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palladium-holdings-llc-v-zuni-mortgage-loan-trust-2006-oa1-minnctapp-2009.