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HomeMy WebLinkAbout20111258 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 FKA COUNTRYWIDE HOME LOANS SERVICING LP, FOR AN ORDER AUTHORIZING THE PUBLIC TRUSTEE FOR WELD COUNTY, STATE OF COLORADO, TO SELL CERTAIN REAL.ESTATE A COURT USE ONLY A CONTAINED IN A DEED OF TRUST. Attorney or Party Without Attorney: - Name: Robert J.Aronowitz, Esq. Reg.No. 5673 Case Number: Joan Olson.Esq. Reg.No. 28078 2011 CV 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 Div.: t irm: Donna Bakalor.Esq. Reg.No. 38854 Address: 1199 Bannock Street Denver, Colorado 80204 Phone Number: (303) 813-1177 Fax Number: (303) 813-1107 E-mail: R120@amlawco.com NOTICE OF HEARING June 08, 2011 TO: THE PEOPLE OF THE STATE OF COLORADO, TO THE GRANTOR(S) IS [HE DEED OF TRUST DESCRIBED HEREIN, AND TO THOSE PERSONS WI ID APPEAR TO HAVE ACQUIRED A RECORD INTEREST IN THE REAL I'. TATS THEREIN DESCRIBED, SUBSEQUENT TO THE RECORDING OF SUCI I 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 MOR'l'G VGli 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 5-554 Weld County Road 7, Erie, CO 80516 Kathleen V klapston and l homas T I loaston 1269 06491 5-I (.Q-I I 2011-1258 vniVor LA `LU.V 1 6vAS 15 11 NOTICE is hereby given that BAC HOME LOANS SERVICING, LP FKA 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 nuch default under the terms of said Deed of Trust and Negotiable Instrument secured thereby, or echo 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 Servicemembers Civil Relief Act, as amended, must file a response to Petitioner's Motion for Order Authorising 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(h) 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 lire (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 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 June 08, 2011 Place of Hearing: District Court of Weld County 901 9th Street, Greeley, CO 80631 IF NO RESPONSE IS FILED BY JUNE 03, 2011, THE COURT MAY WITHOUT ANY HEARING AUTHORIZE THE FORECLOSURE AND PUBLIC TRUSTEE'S SALE WITHOUT FURTHER NOTICE. DATED: 6 G( , 2011. ARONOWITZ & MECKLENBURG, LLP Attorney (eVflicant By: It 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 Lisa Cancanon,Esq. Reg.No.42043 Jennifer H.Trachte,Esq. Reg.No.40391 / Catherine A. Hildrcth,Esq. Reg.No.40975 Donna Bakalor,Esq. Reg.No.38854 Applicants Address: do Aronowitz& Mecklenburg, LLP 1 199 Bannock Street Denver, CO 80204 IMPORTANT NOTICE THE NOTICE AND MOTION IN THIS MATTER ARE BEING FILED SIMULTANEOUSLY WITH THE MAILING OFTHIS NOTICE. YOU MAY OBTAIN THE COURT'S CASE/CIVIL ACTION NUMBER BY CONTACTING THE COURI 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 I louston 12_69.06491 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 304.5 FEE'i'; 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. Hello