HomeMy WebLinkAbout20111521.tiff DISTRICT COURT, WELD COUNTY, COLORADO
Court Address:901 9th Street Greeley, CO 80631
IN THE MATTER OF THE APPLICATION OF BAC HOME
LOANS SERVICING, LP FICA COUNTRYWIDE HOME
LOANS SERVICING LP, FOR AN ORDER AUTHORIZING
THE PUBLIC TRUSTEE FOR WELD COUNTY, STATE OF A COURT USE ONLY
COLORADO, TO SELL CERTAIN REAL ESTATE
CONTAINED IN A DEED OF TRUST.
Case Number:
Attorney or Party Without Attorney: 2011CV2809
Name: Robert J.Aronowitz, Esq. Reg.No. 5673
Joan Olson,Esq. Reg.No. 28078
Monica Kadrmas,Esq. Reg.No.34904
Andrea Rickles-Jordan,Esq. Reg.No.39005 Div.: C trm:
Lisa Cancanon,Esq. Reg.No.42043
Jennifer H.Trachte,Esq. Reg.No.40391
Catherine A.Hildreth,Esq. Reg.No.40975
Donna Bakalor,Esq. Reg.No.38854
Address: 1199 Bannock Street
Denver, Colorado 80204
Phone Number: (720) 917-1922
Fax Number: (303) 813-1107
E-mail: R120@amlawco.com
AMENDED NOTICE OF HEARING JULY 14, 2011
TO: THE PEOPLE OF THE STATE OF COLORADO, TO THE GRANTOR(S) IN THE
DEED OF TRUST DESCRIBED HEREIN, AND TO THOSE PERSONS WHO
APPEAR TO HAVE ACQUIRED A RECORD INTEREST IN THE REAL ESTATE
THEREIN DESCRIBED, SUBSEQUENT TO THE RECORDING OF SUCH DEED OF
TRUST, GREETINGS:
WHEREAS, Kathleen V. Houston and Thomas T. Houston, Grantor(s) by Deed of Trust
dated December 27, 2000, and recorded January 12, 2001 as Reception No. 2819041, in the records
of the County of Weld, Colorado, to secure to FIRST COLORADO MORTGAGE
CORPORATION, the payment of a Negotiable Instrument of even date therewith for the
principal sum of$250,000.00, as provided in said Deed of Trust, conveyed to the Weld County
Public Trustee, on the terms set forth in said Negotiable Instrument and Deed of Trust, the
following described real property ("Property") situate in said County to-wit:
PLEASE SEE ATTACHED LEGAL DESCRIPTION
WHICH HAS THE ADDRESS OF : 5554 Weld County Road 7, Erie, CO 80516
c1 r u, . ua L 4is-)
Lt 'ab-1 1 Kathleen V.Houston and Thomas T.Houston,File No. 1269.06491 l.� _/s- // 2011-1521
NOTICE is hereby given that BAC HOME LOANS SERVICING, LP FICA
COUNTRYWIDE HOME LOANS SERVICING LP, Petitioner herein, has filed its Motion with
this Court seeking an Order of this Court authorizing a Public Trustee's sale under the power of
sale contained in said Deed of Trust on the grounds that the indebtedness secured by said Deed of
Trust is in default in that among other events of default the current Mortgagor has failed to pay
monthly installments of principal and/or interest, and/or if applicable, taxes and insurance
together with applicable late charges as provided in the subject Deed of Trust and Negotiable
Instrument.
NOTICE is also given that any interested party who disputes the existence of such default
under the terms of said Deed of Trust and Negotiable Instrument secured thereby, or who
otherwise disputes the existence of circumstances authorizing the exercise of the power of sale
contained in said Deed of Trust, or who desires to raise such other grounds for the objection to
the issuance of an Order Authorizing Sale which may exist pursuant to the Servicemcmbers Civil
Relief Act, as amended, must file a response to Petitioner's Motion for Order Authorizing Sale,
verified by the oath of such person, setting forth the facts upon which he relies and attaching
copies of all documents which support his position. Said response must be in writing and filed
with the Clerk of the District Court in and for the County of Weld, State of Colorado, at the
address set forth below, and shall be served upon the Petitioner pursuant to Rule 5(b) of the
Colorado Rules of Civil Procedure at the office of Aronowitz & Mecklenburg, LLP, 1 199
Bannock Street, Denver, Colorado 80204, telephone (303)813-1177, not less than five (5) days
prior to the date set for hearing on Petitioner's Motion for Order Authorizing Sale.
If this case is not filed in the County where your property is located, you have the
right to ask the Court to move the Case to that County. Your request may be made as a
part of your response or any paper you file with the Court at least five days before the
hearing.
Kathleen V. Houston and Thomas T.Houston,File No. 1269.06491
Be advised that the Clerk of this Court has set the hearing at the time and place set forth
below when and where any interested person may appear if they so desire, with or without an
attorney.
Time of Hearing and Date: 09:00 a.m. on July 14, 2011
Place of Hearing: District Court of Weld County
901 9th Street, Greeley, CO 80631
IF NO RESPONSE IS FILED BY JULY 11, 2011, THE COURT MAY WITHOUT ANY
HEARING AUTHORIZE THE FORECLOSURE AND PUBLIC TRUSTEE'S SALE
WITHOUT FURTHER NOTICE.
DATED: 441 , 2011.
ARONOWITZ & MECKLENBURG, LLP
Attorney for A I. ant
By:
Robert J.Aron it , Esq. Reg.No. 5673
Joan Olson,Esq. Reg.No. 28078
Monica Kadrmas,Esq. Reg.No.34904
Andrea Rickles-Jordan,Esq. Reg.No.39005
Lisa Cancanon,Esq. Reg.No.42043
Jennifer H.Trachte,Esq. Reg.No.40391
Catherine A.Hildreth,Esq. Reg.No.40975
Donna Bakalor,Esq. Reg.No.38854
Applicants Address:
do Aronowitz& Mecklenburg, LLP
1199 Bannock Street
Denver, CO 80204
IMPORTANT NOTICE
THE NOTICE AND MOTION IN THIS MATTER ARE BEING FILED
SIMULTANEOUSLY WITH THE MAILING OF THIS NOTICE. YOU MAY OBTAIN THE
COURT'S CASE/CIVIL ACTION NUMBER BY CONTACTING THE COURT OR OUR
OFFICE.
This is an attempt to collect a debt. Any information obtained may be used for that purpose.
Kathleen V.Houston and Thomas T.Houston,File No. 1269.06491
LEGAL DESCRIPTION
SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SECTION 3,TOWNSHIP 1 NORTH,
RANGE 68 WEST,OF THE 6TH P.M.,NORTH ALONG WEST LINE OF SAID SECTION,330
FEET,TO THE POINT OF BEGINNING;THENCE EAST 1320 FEET;NORTH 3043 FEET;
WEST 1320 FEET;SOUTH 304.5 FEET ALONG WEST LINE SAID 1/4 SECTION TO TRUE
POINT OF BEGINNING,COUNTY OF WELD,STATE OF COLORADO.
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