HomeMy WebLinkAbout20112496.tiff DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Ave.
Greeley, CO 80632
IN THE MATTER OF THE MOTION OF BANK OF
AMERICA, N.A., AS SUCCESSOR BY MERGER TO
BAC HOME LOANS SERVICING, LP FOR AN ORDER
AUTHORIZING THE PUBLIC TRUSTEE TO SELL
CERTAIN REAL ESTATE UNDER A POWER OF ♦COURT USE ONLY
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)dstodden(a)crosattv.com
#16092(Elizabeth S. Marcus)Imarcus(a)crosattv.com
#34682(Jennifer C. Rogers)jrogers(a crosattv.com Division:
#34935(Britney Beall-Eder) bbeall-eder@cmsattv.com
#39976 (Christopher T. Groan)Caroenacrosattv.com
#40351 (Kimberly L. Martinez) kmartinezacrosattv.com
#38929 (Peter C. DeCamillis)pdecamillisecrosattv.com
#39213 (Keith A. Gantenbein) kaantenbein(ahcrosattv.com
#34531 (Alison L. Berry)aberrv(o)crosattv.com
#34145 (Cynthia Lowery-Graber)cnraber(a)crosattv.com
#42309(Reagan Larkin) rlarkin@crosatty.com
NOTICE OF HEARING October 12, 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, James Wrenfrow, Grantor(s) by Deed of Trust dated October 17, 2001,
recorded October 22, 2001 at Reception No. 2893838 in the records of the County of Weld,
Colorado, to secure to Mortgage Electronic Registration Systems, Inc., as nominee for America's
Wholesale Lender the payment of a Promissory Note of even date therewith for the principal sum
of$201,750.00 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:
Ce1-nmUru CO-to,-I CC. Cdr
GI <�I - 1l `' . ap- II 2011-2496
•
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE
WHICH HAS THE ADDRESS OF 1672 Weld County Rd 11 Erie, CO 80516
NOTICE is hereby given that Bank of America, N.A., as successor by merger to BAC
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, 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: October 12, 2011 at 9:00 am
Place of Hearing: District Court of Weld County
901 9th Ave.
Greeley, CO 80632
IT NO RESPONSE IS FILED BY October 7, 2011 THE COURT MAY WITHOUT ANY
HEARING AUTHORIZE THE FORECLOSURE AND PUBLIC TRUSTEE'S SALE
WITHOUT FURT R NOTICE.
DATED:
CASTLE STAWIARSKI, LLC
Original signature on file
is/ k C �Z
Attorney for Bank of America, N.A., as successor
by merger to BAC Home Loans Servicing, LP
Deanne R.Madden, Esq.
Wrenfrow/ 11-00278 #33214
Petitioners Address: 400 National Way, SV 35
P.O. Box 10232
Simi Valley, CA 93065-6298
IMPORTANT NOTICE
THE NOTICE ANI)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
Exhibit A
ALL THAT PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 1
NORTH, RANGE 68 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE WEST 1/4 CORNER OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 68
WEST, THENCE NORTH ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION A
DISTANCE OF 508.77 FEET, TO A POINT ON THE CENTERLINE OF THE EAST BRANCH OF THE
BULL CANAL AS DESCRIBED IN BOOK 406, AT PAGE 293 OP WELD COUNTY RECORDS, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE NORTH 49
DEGREES 08' 30" EAST, A DISTANCE OF 155.34 FEET, THENCE NORTH 50 DEGREES 00'
36" EAST FOR A DISTANCE OF 225.36 FEET; THENCE NORTH 36 DEGREES 38' 51" EAST
FOR A DISTANCE OF 154.43 FEET; THENCE NORTH 33 DEGREES 21' 53" EAST FOR A
DISTANCE OF 222.66 FEET; THENCE NORTH 33 DEGREES 23' 14" BAST, A DISTANCE OP
168.55 FEET; THENCE NORTH 42 DEGREES 32' 50" EAST, A DISTANCE OF 173.82 FEET;
THENCE SOUTH 89 DEGREES 57' 17" WEST, A DISTANCE OP 714.56 FEET) THENCE SOUTH
ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 1 NORTH,
RANGE 68 WEST, 624.54 FEET TO THE POINT OF BEGINNING.
COUNTY OF WELD, STATE OP COLORADO.
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