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HomeMy WebLinkAbout20112937 DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 901 9th Ave. Greeley, CO 80632 IN THE MATTER OF THE MOTION OF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF CITIGROUP MORTGAGE LOAN TRUST, SERIES 2004-RES 1 ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-REST FOR AN ORDER ♦COURT USE ONLY♦ AUTHORIZING THE PUBLIC TRUSTEE TO SELL CERTAIN REAL ESTATE UNDER A POWER OF SALE CONTAINED WITHIN A DEED OF TRUST Attorneys for Petitioner: Case Number: CASTLE STAWIARSKI, LLC Address: 999 18th Street, Suite 2201 Denver, CO 80202 Phone Number: (303)865-1400 Atty. Reg. ##33214(Deanne R. Stodden)dstoddenacrosattv.com #16092(Elizabeth S. Marcus)Imarcus@crosattv.com #34682 (Jennifer C. Rogers)jroaers(acrosattv.com Division: #23449(Deanna L. Westfall)dwestfallacrosattv.com #34935 (Britney Beall-Eder) bbeall-eder(a),crosattv.com #39976 (Christopher T. Groen) Caroen@crosattv.com #40351 (Kimberly L. Martinez)kmartinez(5crosattv.com #34531 (Alison L. Berry)aberrv(o)crosattv.com #34145 (Cynthia Lowery-Graber)cgraberacrosattv.com #42309 (Reagan Larkin) rlarkin(acrosatty.com NOTICE OF HEARING November 23, 2011 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, Eugene R Hinojosa, Grantor(s) by Deed of Trust dated June 25, 2004, recorded July 6, 2004 at Reception No. 3196098 in the records of the County of Weld, Colorado, to secure to Mortgage Electronic Registration Systems, Inc., as nominee for Residential Mortgage Assistance Enterprise, LLC the payment of a Promissory Note of even date therewith for the principal sum of$181,840.00 as provided in said Deed of Trust, conveyed to the Weld County Public Trustee, on the terms set forth in said Note and Deed of Trust, the following described real property("Property") situate in said County to-wit: (,amrnwA.i e.O.-Nov-1 CC CF1 2011-2937 11-1-11 !I -y-// SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE WHICH HAS THE ADDRESS OF 1012 East 16th Street Greeley, CO 80631 NOTICE is hereby given that Deutsche Bank National Trust Company, as Trustee of Citigroup Mortgage Loan Trust, Series 2004-RES1 Asset Backed Pass-Through Certificates Series 2004-RES1, 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, interest, and if applicable, taxes and insurance together with applicable late charges as provided in the subject Deed of Trust and Note. NOTICE is also given that any interested party who disputes the existence of such default under the terms of said Deed of Trust and Note 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 Servicemembers 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 CASTLE STAWIARSKI, LLC, 999 18th Street, Suite 2201, Denver, CO 80202, telephone (303) 865-1400, 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. 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. Date and Time of Hearing: November 23, 2011 at 9:00 am Place of Hearing: District Court of Weld County 901 9th Ave. Greeley, CO 80632 IF NO RESPONSE IS FILED BY November 18, 2011 THE COURT MAY WITHOUT ANY HEARING AUTHORIZE THE FORECLOSURE AND PUBLIC TRUSTEE'S SALE WITHOUT FURTHER NOTICE. DATED: 1O'21911I. CASTLE ST LLC Original sign, o. s , iristopher T. Groen /S/ ' #39976 Atto r D-the Bank National Trust Company, as Trustee of Citigroup Mortgage Lo. i rust, S-. es 2004 ' S I Asset Backed Pass- Through Certificates Series 2004-RES1 Hinojosa/ 10-23828 Petitioners Address: 1661 Worthington Road, Suite 101 West Palm Beach, FL 33409 IMPORTANT NOT . E THE NOTICE AND MOTION IN THIS MATTER ARE BE . D SIMULTANEOUSLY WITH THE MAILING OF THIS NOTICE. YOU MAY OBTAIN THE COURT'S CASE/CIVIL ACTION NUMBER BY CONTACTING THE COURT OR OUR OFFICE EXHIBIT A The part of Lot 2 in the Northeast 1/4 of the Southeast 1/4 of Section 9. Township 5 North, Range 65 West of the 6th P.M., Weld County. Colorado, according to the subdivision of lands made by the Union Colony of Colorado described as follows: Commencing at the Northeast Corner o₹ said Lot 2 of the Northeast 1/4 of the Southeast 1/4 of Section 9; thence West along the North line of said Lot 2, 432.5 feet; thence South 40 feet to the true point of beginning; thence south 585.36 feet; thane© West 97.88 feet to the West boundary line of Lot 4, Block 1 McDonald Subdivision; thence North along the west boundary line of Lots 4 and 3. Block 1 McDonald Subdivision a distance of 585.36 feet; thence East 97.88 feet to the True Point of Beginning, COUNTY OF WELD, STATE CF COLORADO Hello