Judge: Eviction stands, vacate in 7 days

David Brewster, Star Tribune

Rosemary Williams, left, at her south Minneapolis house on March 30. Her friend, Cheri Honkala, was helping her put signs on her front fence. Williams lost her home at a foreclosure sale in September.

The mortgage company followed foreclosure rules and a south Minneapolis woman must move out, judge ruled. But GMAC and the homeowner are still negotiating.

By ABBY SIMONS, Star Tribune

Last update: June 18, 2009 - 2:04 PM

A woman who has battled eviction from her south Minneapolis house has seven days to vacate it, a Hennepin County judge ruled Wednesday, while a lawsuit filed by her neighbors and activists against her mortgage company to prevent her ouster has been dismissed.

However, Judge Lloyd Zimmerman's order does not mean the end of Rosemary Williams' legal battle against GMAC Mortgage, after the two sides met behind closed doors to discuss a potential settlement. No agreement was reached Wednesday evening, but talks will continue, said Jordan Kushner, one of Williams' attorneys.

Williams, 60, lost her home in the 3100 block of Clinton Avenue S. at a foreclosure sale in September after she fell behind on payments on a second, adjustable rate mortgage.

After Williams failed to leave the house by March 30, GMAC went to court to have her evicted by sheriff's deputies. Williams' attorneys asked for a trial on the issues. Separately, last month, the Central Area Neighborhood Development Organization (CANDO) and 17 of Williams' neighbors filed a civil lawsuit contending that if Williams was forced to leave, her home would become another nuisance property in the neighborhood.

Williams was scheduled for trial next week in the housing court action, but Zimmerman granted GMAC's request for summary judgment, writing that GMAC acted within the law.

He dismissed the lawsuit, saying that because Williams lives at the property, all allegations of nuisances are hypothetical, and that the plaintiffs failed to prove any "wrongful conduct" by GMAC.

"Were the court to create a new legal principle based upon the argument of Ms. Williams and her supporters, no bank or mortgage company would ever lend to people living in economically distressed neighborhoods because financial institutions could not rely on courts to honor contracts freely entered into between consenting adults," Zimmerman wrote.

"We are pleased that the court ruled in favor of GMAC Mortgage's motions," GMAC spokeswoman Jeannine Bruin wrote in a statement. "Even with the favorable judgment, our legal counsel met with the judge and Ms. Williams today to try to reach agreeable arrangements in this matter, as we did with Ms. Williams prior to the foreclosure and which we continue to do throughout these court proceedings."

A call to Williams was not returned.

Cheri Honkala, an activist for the Poor People's Economic Human Rights Campaign and a friend of Williams', said neighbors are hoping for a resolution that will allow Williams to remain in her home. If not, they will plan civil disobedience to remain in the home, she said.

Abby Simons • 612-673-4921