Legal Notice - Foreclosure Sale

Legal Notice
Published Friday, October 14, 2016

COMBINED NOTICE - MAILING

CRS SS38-38-103 FORECLOSURE SALE NO. 01-2016

 

To whom it may concern: This Notice is given with regard to the following described Deed of Trust:

 

On August 4, 2016, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below be recorded in the County of Kiowa records. 

 

Original Grantor(s): ELWIN A. FORRESTER & MARIE J. FORRESTER

Original Beneficiary(ies): GREEN TREE FINANCIAL SERVICING CORPORATION

Current Holder of Evidence of Debt: U.S. BANK, N.A. AS TRUSTEE FOR MAUFACTURED HOUSING CONTRACT SENIOR/SUBORDINATE PASS-THROUGH CERTIFICATE TRUST 1998-7

Date of Deed of Trust: June 16, 1998

County of Recording: Kiowa

Recording Date of Deed of Trust: June 23, 1998 Recording Information (Reception No. and/or Book/Page No.): 255882

Original Principal Amount: $43, 869.12

Outstanding Principal Balance: $23,713.80 

 

Pursuant to CRS SS38 38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of the deed secured by the deed of trust and other violations thereof.

 

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

 

LOT SEVEN (7), BLOCK NINE (9), SCROGGINS HEIGHTS ADDITION TO THE TOWN OF EADS, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF KIOWA, STATE OF COLORADO  Also known by the street number as: 802 RITTGERS STREET, EADS, CO 81036.  THE PROPERTY DESCRIBED HEREIN AS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

 

NOTICE OF SALE

 

 The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust. 

 

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday 12/07/2016, at West Front Door, Kiowa County Courthouse, 1305 Goff Street, Eads, Colorado 81036-0247, sell to the highest and best bidder for cash, the said real property and all interests of the said Grantor(s), Grantor(s)' heirs, and assigns therein, for the purpose of paying the indebtedness provided and said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

 

First publication: 10/14/2016

Last publication: 11/11/2016

Name of Publication: Kiowa County Press

Number of Clips: 21

 

NOTICE OF RIGHTS

 

YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS SHALL BE SENT WITH ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.

 

A NOTICE OF INTENT TO CURE FILED PURSUANT TO SECTION 38 - 38 - 104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED;

 

A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO SECTION 38 - 38 - 302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE;

 

IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT CURE CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

 

IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2,  THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH.  THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS. 

 

Colorado Attorney General

1300 Broadway, 10th floor

Denver, Colorado 80203

(800) 222-4444

www.coloradoattorneygeneral.gov

 

Federal Consumer Financial Protection Bureau

P.O. Box 4503

Iowa City, Iowa 52244

(855) 411-2372

www.consumerfinance.gov

 

Date: 08/01/2016 

Steve K. Baxter, Public Trustee in and for The County of Kiowa, State of Colorado  /s/ Steve K. Baxter

 

By: /s/ Steve K. Baxter, Public Trustee

 

(seal)

 

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Janeway Law Firm, P.C., 19201 E. Main Street, Suite 205, Parker, CO 80134-9092 (303) 706-9990.

Attorney File # 16-011185

The Attorney above his acting as a debt collector and is attempting to collect a debt. Any information provided maybe used for that purpose.

 

First Published October 14, 2016

Last Published November 11, 2016

In The Kiowa County Press