HomeMy WebLinkAbout20120952.tiff COMMISSIONERS
Zell APR -3 P 3^ 18
District Court,Weld County,Colorado RE C E i ✓E D 901 9'h Ave.
Greeley,CO 80631
(970)351-7300
Plaintiff(s):First Bank d/b/a Fist Bank Mortgage
Defendant(s):Carol Ann Wolf,CWS Communities,L.P.,BaseCamp
Communities,L.L.C.,YES Companies,LLC,General Electric Capital Case Number:
Corporation,the Colorado Department of Motor Vehicles,the Assessor
of Weld County,Colorado,the Board of County Commissioners qt.
Weld County Colorado,the Public Trustee of Weld County,Colorado,
and any and all other parties who may claim an interest in the subject
matter of this action. Div.: Ctrm:
Attorney for Plaintiff:
Robert W.Reed,No. 19935
Robert W.Reed,LLC
1301 Washington Ave.,Ste.350
Golden,CO 80401
Phone: (303)431-9891
Fax: (303)845-9189
E-mail: rreedt reedlaw.org
SUMMONS
THE PEOPLE OF THE STATE OF COLORADO:
TO: THE ABOVE-NAMED DEFENDANTS
You are summoned and required to file with the clerk of this court an answer or other response to the attached
complaint within twenty(20)days after this summons is served on you in the State of Colorado,or within thirty(30)
days after this summons is served on you outside the State of Colorado.
If you fail to file your answer or other response to the complaint in writing within the applicable time period,judgment
by default may be entered against you by the court for the relief demanded in the complaint,without any further notice
to you.
'The following documents are served with this summons: Complaint with exhibits,if any,and civil cover sheet.
Dated: March 29,2012.
ROB W. D LLC.
.Reed,Na 19935
THIS SUMMONS IS ISSUED PURSUANT TO RULE 4, C.R.C.P., AS AMENDED. A COPY OF THE
COMPLAINT MUST BE SERVED WITH THIS SUMMONS.
`Pursuant to C.R.C.P. 121§1-26, original signatures shall be maintained in the offices of Robert W.Reed LLC.
C6:V,1rwu�Cka t�>n 5 C.�., Cpl PA C>)
�I Cj Li -3 2012-0952
District Court,Weld County,Colorado
901 9m Ave.
Greeley,CO 80631
(970)351-7300
Plaintifl(s): First Hank d/b/a Fist Bank Mortgage
Defendant(s):Carol Ann Wolf,et.al.
^Court Use Only^
Attorney for Plaintiff
Robert W.Reed,No. 19935
Robert W.Reed,LLC
1301 Washington Ave.,Ste.350 Case Number:
Golden,CO 80401
Phone:(303)431-9891
Fax: (303)845-9189 Div.: Ctrm:
E-mail:rreed@areedlaw.org
DISTRICT COURT CIVIL(CV)CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT,
COUNTERCLAIM,CROSS-CLAIM OR THIRD PARTY COMPLAINT
1. This cover sheet shall be filed with the initial pleading of a complaint,counterclaim,cross-claim or third party
complaint in every district court civil(CV)case. It shall not be filed in Domestic Relations(DR),Probate(PR),
Water(CW),Juvenile(JA,JR,JD,JV),or Mental Health(MH)cases.
2. Check the boxes applicable to this case.
[X]Simplified Procedure under C.R.C.P. 16.1 applies to this case because this party does not seek a monetary
judgment in excess of$100,000.00 against another party,including any attorney fees,penalties or punitive
damages but excluding interest and costs and because this case is not a class action or forcible entry and detainer,
Rule 106,Rule 120,or other expedited proceeding.
[]Simplified Procedure under C.R.C.P. 16.1,does not apply to this case because(check one box below identifying
why 16.1 does not apply):
(] This is a class action or forcible entry and detainer,Rule 106,Rule 120,or other similar expedited
proceeding,or
[] This party is seeking a monetary judgment for more than$100,000.00 against another party,including any
attorney fees,penalties or punitive damages,but excluding interest and costs(see C.R.C.P. 16.1(c)),or
[] Another party has previously stated in its cover sheet that C.R.C.P. 16.1 does not apply to this case.
3.[] This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P.38(Checking this box
is optional).
Date: March 29,2012 /s/Robert W Reed"
Robert W.Reed,#119935
Signature of Party or Attorney for Party
NOTICE
✓ This cover sheet must be filed in all District Court Civil (CV) Cases. Failure to file this cover sheet is not a
jurisdictional defect in the pleading but may result in a clerk's show cause order requiring its filing.
✓ This cover sheet must be served on all other parties along with the initial pleading of a complaint,counterclaim,
cross-claim,or third party complaint.
✓ This cover sheet shall not be considered a pleading for purposes of C.R.C.P. II.
*Pursuant to C.R.C.P. 121§1-26. original signatures shall be maintained in the offices of Robert W Reed, LLC.
District Court,
Weld County,Colorado
901 9d'Ave.
Greeley,CO 80631
(970)351-7300
Plaintiff(s):First Bank d/b/a Fist Bank Mortgage COURT USE ONLY
Defendant(s): Carol Ann Wolf,CWS Communities,L.P.,
BaseCamp Communities,L.L.C.,YES Companies,LLC,General
Electric Capital Corporation,the Colorado Department of Motor
Vehicles,the Assessor of Weld County, Colorado,the Board of Case Number:
County Commissioners of Weld County,Colorado,the Public
Trustee of Weld County,Colorado,and any and all other parties
who may claim an interest in the subject matter of this action.
Div.: Ctrm:
Attorney for Plaintiff:
Robert W.Reed,No. 19935
Robert W.Reed,LW
1301 Washington Ave., Ste.350
Golden,CO 80401
Phone Number: 303-431-9891
FAX Number: 303-845-9189
E-mail:need(Wreedlaw.org
COMPLAINT FOR DECLARATORY JUDGMENT AND
FOR ORDER DIRECTING EXECUTION AND RECOGNITION OF DOCUMENTS
Plaintiff states:
1. Plaintiff is a corporation, and is authorized to prosecute this action in the state of
Colorado.
2. Defendant Carol Ann Wolf(Wolf) is an individual who currently or formerly resided in
Weld County, Colorado, and is the record owner of the Property that is the subject matter of this
action.
3. Defendants CWS Communities, L.P.,BaseCamp Communities, L.L.C., YES Companies,
LLC, General Electric Capital Corporation are entities that may claim an interest in the real
property that is the subject matter of this action by virtue of being the owner, former owners or
lenders with a security interest in such property.
4. Defendant the Weld County Assessor(Assessor)is a county official who is charged with
establishing and maintaining tax parcels and values in Weld County, Colorado.
5. The Board of Commissioners of Weld County, Colorado, (Commissioners) is a
governmental body that is charged with administration of the government of Weld County,
Colorado.
6. Defendant the Colorado Department of Motor Vehicles (DMV) is a state agency that is
charged with issuing,maintaining,transferring and purging titles to motor vehicles in Colorado.
7. Defendant the Weld County Public Trustee (Trustee) is the trustee named in the Deed of
Trust described herein.
8. Venue is proper in Weld County, Colorado because this action concerns real and personal
property(Property)in Weld County described as:
PARCEL I:(A FEE SIMPLE INTEREST IN AND TO THE FOLLOWING:)
IMPROVEMENTS LOCATED ON:
THAT TRACT OR PARCEL DESIGNATED AS 7835,LOCATED ON OR ADJACENT TO SUNFLOWER
GREEN(STREET OR DRIVE OR COURT)ACCORDING TO THE FINAL SITE PLAN OF PRAIRIE
GREENS RECORDED SEPTEMBER 29,2000 AT RECEPTION NO.2796955.TOWN OF FREDERICK,
COUNTY OF WELD,STATE OF COLORADO LOCATED WITHIN THE FINAL PLAT OF PRAIRIE
GREENS RECORDED JULY 8, 1998 AT RECEPTION NO.2625085.
PARCEL II:(A LEASEHOLD INTEREST IN AND TO THE FOLLOWING:)
THAT TRACT OR PARCEL DESIGNATED AS 7835 LOCATED ON OR ADJACENT TO SUNFLOWER
GREEN(STREET OR DRIVE OR COURT)ACCORDING TO THE FINAL SITE PLAN OF PRAIRIE
GREENS RECORDED SEPTEMBER 29,2000 AT RECEPTION NO.2796955 TOWN OF FREDERICK,
COUNTY OF WELD,STATE OF COLORADO,TOGETHER WITH INGRESS AND EGRESS OVER AND
ACROSS ALL STREETS,AVENUES,COURTS AND DRIVES AS SHOWN ON SAID FINAL SITE PLAN,
LOCATED WITHIN THE FINAL PLAT OF PRAIRIE GREENS RECORDED JULY 8, 1998 AT
RECEPTION NO.2625085
EXCEPT THE IMPROVEMENTS THEREON.
9. In March, 2004, Wolf purchased the Property from CWS Communities. As part of the
purchase, CWS Communities conveyed Parcel Ito Wolf by warranty deed dated March 26, 2004,
and recorded in the Weld County Clerk and Recorder's Office on August 16,2004,under reception
No. 3207175. In addition,CWS Communities and Wolf entered into a Home Site J pace for Parcel
II dated March 26, 2004, and recorded in the Weld County Clerk and Recorder's Office on August
16,2004,under reception No. 3209176.
10. In order to finance her purchase of the Property, Wolf obtained a $117,900.00 loan from
Plaintiff,which loan is secured by a Deed of Trust dated March 26,2004,and recorded in the Weld
County Clerk and Recorder's Office on August 16,2004,under reception No.3209177.
11. As part of the purchase and financing transaction, CWS Communities and Wolf executed a
Secured Lender Addendum to Home Site Lease dated March 26,2004, which was recorded in the
Weld County Clerk and Recorder's Office on August 16,2004,under reception No. 3209178.
12.Upon information and belief BaseCamp Communities, L.L.C., as Lessor and GMAC
Commercial Mortgage, Corp., as fee simple lender, agreed to an nondisturbance and attornment
agreement, a copy of which was recorded in the Weld County Clerk and Recorder's Office on
September 28,2004,under reception No.3222571.
13.It was the mutual intent of the parties to the transaction to purge the motor vehicle to the
mobile home, and for Wolf to own the improvements and a leasehold interest in the underlying
ground,both subject to the Deed of Trust.
14. For reasons unknown to Plaintiff, the documents necessary to complete the purge were not
provided to the Assessor and DMV, either because they were not properly executed or they were
lost.
FIRST CLAIM FOR RELIEF
(TRANSFER OF TITLE)
15. Plaintiff incorporates all averments of this Complaint as if set forth fully herein.
16.Pursuant to C.R.C.P. 65(f) and C.R.C.P. 70, Plaintiff is entitled to an affirmative
injunction compelling Wolf to either execute all documents necessary to fulfill the Agreement by
transferring and purging title to the Property and Mobile Home as provided in the Agreement,
and, if Wolf refuses,to authorize the Clerk of the Court to execute all documents required by the
Department of Motor Vehicles and Assessor to effectuate such transfer.
17.Defendants CWS Communities, L.P.,BaseCamp Communities, L.L.C., YES Companies,
LLC, and General Electric Capital Corporation had actual or constructive notice of the
agreement to purge the title, and their respective interests in the Property, if any, are subject
thereto.
18.Plaintiff is further entitled to a decree adjudging that the Assessor, the Commissioners,
the DMV and the Trustee update their respective records to reflect the purging of title and
Plaintiffs security interest in the Property, including the real property interest resulting from the
purge.
WHEREFORE, Plaintiff prays: (1) for an injunction pursuant to C.R.C.P. 65(0 and 70
directing Wolf to execute and deliver such documents as are necessary to purge title to the
mobile home,and if Wolf refuses, directing the Clerk of the Court to execute such documents on
behalf of Wolf, (2) decreeing that the Assessor and the DMV, accept the purge of title and
change their records to reflect the purge and Plaintiffs security interest in the Property, as
purged, (3) adjudge that the interests of Defendants CWS Communities, L.P., BaseCamp
Communities, L.L.C., YES Companies, LLC, and General Electric Capital Corporation are
subject to the agreement to purge the title, and (4) for such other and further relief as this Court
deems just under the circumstances.
Dated:March 29,2012.
Ro.f, • . -t LLC
Reed
Robe W.Reed,No. 19935
Pursuant to C.RC.P. 121§1-26, original signatures shall be maintained in the offices of Robert W. Reed LLC.
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