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Law Offices of Michael E. Douglas
P.O. Box 251551
Woodbury, Minnesota 55125-6551
   

 Saint Paul Lawyer
 
 mdouglas@injurylawtwincities.com

 

In re Petition for Disciplinary Action against Michael F. Swenson: ETHICS - correction in disciplinary decision fact statements

1
STATE OF MINNESOTA
IN SUPREME COURT
A07-1131
In re Petition for Disciplinary Action against
Michael F. Swensen, a Minnesota Attorney,
Registration No. 216847
O R D E R
Based upon the files, records, and proceedings herein,
IT IS HEREBY ORDERED that the petition of the Director of the Office of
Lawyers Professional Responsibility for rehearing be, and the same is, granted for the
limited purpose of correcting a factual misstatement in the slip opinion filed November
15, 2007.
IT IS FURTHER ORDERED that the paragraph that begins on page 4 and ends on
page 5 of the slip opinion filed November 15, 2007, is hereby modified to read as
follows:
The second mortgagee foreclosed on the Minneapolis property in
October 2002. When L.J. contacted Ryerson upon receipt of the
foreclosure pleadings, Ryerson told L.J. that she and respondent had
obtained refinancing and that there was no reason for concern. Respondent
later informed L.J. that a buyer had been found and that her investment
would be repaid out of the sale proceeds. On January 16, 2003, respondent
directed L.J. to sign a quit claim deed transferring her interest in the
property to Ryerson. On the same day, respondent and Ryerson conveyed
the Minneapolis property by warranty deed to respondents father, using the
mortgage loan obtained with the September 2001 contract for deed to fund
2
the purchase.2 At closing, Ryerson received more than 5,000 as the
payoff on the contract for deed to respondents father. It has been
deemed admitted that the contract for deed was a sham transaction used,
together with the quit claim deeds, to divest [L.J.] of her interest in the
property. Ryerson was issued checks totaling 2,388.07 in payment for
her purported interest in the September 2001 contract for deed. Although
L.J. had invested more than 7,000 in the property, respondent and
Ryerson paid her none of the closing proceeds but instead converted the
proceeds to their own use. Ryerson subsequently directed respondents
father to sign a blank quit claim deed of the Minneapolis property, which
Ryerson completed to transfer ownership of the property to Mark OBrien,
the same third party who had purchased the Mound property.
Said paragraph previously read as follows:
The second mortgagee foreclosed on the Minneapolis property in
October 2002. When L.J. contacted Ryerson upon receipt of the
foreclosure pleadings, Ryerson told L.J. that she and respondent had
obtained refinancing and that there was no reason for concern. Respondent
later informed L.J. that a buyer had been found and that her investment
would be repaid out of the sale proceeds. On January 16, 2003, respondent
directed L.J. to sign a quit claim deed transferring her interest in the
property to Ryerson. On the same day, respondent and Ryerson conveyed
the Minneapolis property by warranty deed to respondents father, using the
mortgage loan obtained with the September 2001 contract for deed to fund
the purchase.2 At closing, Ryerson received more than 5,000 as the
payoff on the contract for deed to respondents father. It has been
deemed admitted that the contract for deed was a sham transaction used,
together with the quit claim deeds, to divest [L.J.] of her interest in the
property. Although L.J. had invested more than 7,000 in the property,
respondent and Ryerson paid her only 2,388.07 for her interest in the
September 2001 contract for deed. Ryerson subsequently directed
respondents father to sign a blank quit claim deed of the Minneapolis
property, which Ryerson completed to transfer ownership of the property to
2 The petition filed by the Director suggests, but does not specifically
state, that the mortgage loan used to fund the purchase was the loan
obtained with the contract for deed.
2 The petition filed by the Director suggests, but does not specifically
state, that the mortgage loan used to fund the purchase was the loan
obtained with the contract for deed.
3
Mark OBrien, the same third party who had purchased the Mound
property.
Dated: January 1, 2008
BY THE COURT:
/s/
G. Barry Anderson
Associate Justice
 

 
 
 

  What day were you injured?

  / /


  What caused your injuries?
Traffic/Bicycle Accident
Work-Related Injury
Wrongful Death
Dog Bite
Slip and Fall
Other:


  How have your injuries affected

  your life?

 


  What kinds of medical care
  professionals have you seen?

 


  What has your treatment cost?

 

  Is Insurance Involved?
My insurance may cover
        this.

Someone else's insurance
        may cover this.

I already filed a claim.
I rejected a settlement
        offer.

I accepted a settlement
        offer.

  Were there any witnesses?
Bystanders Witnessed This.
Police Responded and Filed
        a Police Report

Police Responded but Did
        Not File a Police Report


 

 

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