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Home My WebLink About20110109.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1000093 AGAINST HSBC BANK USA FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, HSBC Bank USA, ZCV #1000093, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 11th day of January, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, HSBC Bank USA was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against HSBC Bank USA to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. PL- SiO\ a �_t I 2011-0109 PL0824 VIOLATIONS -ZCV#1000093 - HSBC BANK USA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D., 2011. BOARD OF COUNTY COMMISSIONERS 4raKIrkyer COUNTY, COLO DO ,1:7,-- ATTEST: . �,. �F ' , C air Weld County Clerk to th{ 9 1. .` Seam , Pro-Tem BY: /. , . ---", 4/ tom"„r''1�,�� Deputy Clerk to the Boa Wil ir, . Garcia r. AP ED A O ,kC p David E. Long 1 County ttorney EXCUSED Douglas Rademacher Date of signature: dr7 2011-0109 PL0824 WiiDe °OLO ° Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00093 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 9575 WARNER AV HSBC BANK USA Mailing Address: 12650 INGENUITY DRIVE ORLANDO, FL 32826 PARCEL: 020127012013-R7507198 Acreage: 0.60 Legal Description: L13 THRU 19 BLK8 CARR LOCATION: Location: West of adjacent to 7th Street and directly South of CR 126 in the Unincorporated town of Carr North: Agriculturally Zoned properties South: Agriculturally Zoned properties East: Agriculturally Zoned properties West: Agriculturally Zoned properties NOTIFICATION INFORMATION: Certified Date 11/30/2010 Certified Reference Number 7008 3230 0000 0473 2946 Certified Receipt Date 12/09/2010 VIOLATION DESCRIPTION: Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30.1 Noncommercial Junkyard. NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles.A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. VIOLATION REMEDY: 111k °gam° Planning Department ZONING VIOLATION CASE SUMMARY The property is full of household trash and miscellaneous debris. This type of refuse is not an allowed use in this Zone District and shall therefore be removed from the property. Additionally, my records indicate the mobile home currently situated on the property never obtained either the required Zoning Permit or Building Permits and shall therefore be removed from the property. RECOMMENDATION: The Department of Planning Services recommends this case to be forwarded to the County Attorneys Office for immediate legal action. WORKFLOW SUMMARY: Case Initiation 07/02/2010 Initiated Violation 07/02/2010 5 Day Letter Violation 07/02/2010 Violation Notice Violation 11/30/2010 Hearing Notification OTHER CASE HISTORY: 11/19/2010 Other Received request for compliance from Code Violation Services Inc- I sent them a response e-mail advising of violation. 12/09/2010 Certified receipt Certified Receipt received -signed. INSPECTION SUMMARY: Zoning Inspection 04/21/2010 Noncompliance Inspection Result Comment Phil Brewer inspected this property and made the following notations: 1. The property has been abandoned; Neighbor says people moved to Arizona and are not planning to retum; Lots of personal property was abandoned. Mattresses and furniture remain in the house. 2. The house is open to the elements; the back door was open and the door to the interior of the house was open; house is accessible to vermin and whatever else walks by that needs something for shelter and food (if there is any within the house); 3. "Stuff left all over the property; 4. A red "shed" to the NW of the house is literally 1/2 full of trash; neighbor says vermin are living within; 5. Barn that housed animals is filthy; 6. Trashed out mobile home sitting on property; 7. Trashed out travel trailer sifting on property. Zoning Code Inspection 08/17/2010 Noncompliance Inspection Result Comment Upon a visual inspection of the property, the following items were noted: the house is still present. The derelict mobile home is still present. Still have household trash and miscellaneous debris. No pictures were taken during this inspection. Zoning Inspection 11/20/2010 Noncompliance Bethany Salzman Inspection Result Comment Lauren Light(Health Department)went to 9575 Warner Ave. in Carr on Saturday afternoon, November 20, around 3:30. There was only one pile of trash that probably could fit into a pickup. The photo of the toilet was to the north of the pile of trash. She peeked in the garage and it had only a small pile of trash. 110€ Planning Department ZONING VIOLATION CASE SUMMARY She indicated she would not consider this property a health hazard compared to other properties she has been to. The photos are saved on the shared U drive at: U:\Environmental Health\9575 Warner Ave. Carr rtff\ "4541 DEPARTMEN. OF PLANNING SERVICES 6 Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: bsalzman@co.weld.co.us C. NE: 970-353-6100 X 3555 FAX: 970-304-6498 COLORADO November 30,2010 HSBC BANK USA 12650 INGENUITY DRIVE ORLANDO,FL 32826 Zoning Violation Case: ZCV10-00093 Situs Address: 9575 WARNER AV Legal Description: L13 THRU 19 BLKS CARR Dear HSBC BANK USA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on M11111,2011 at-10'00 AM . The above mentioned property remains in violation of the following Section(s)of the Weld County Code: Chapter 23,Article 111(3), Division 1 A(Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30.1 Noncommercial Junkyard. NONCOMMERCIAL JUNKYARD:An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows,the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials;fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. To bring your property into compliance with the Weld County Code: The property is full of household trash and miscellaneous debris. This type of refuse is not an allowed use in this Zone District and shall therefore be removed from the property. Page 1 of 2 Report ID: CODE000023v002 Print Date-Time: 11/30/2010 3:46:03PM SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature 4,�'`��i item 4 If Restricted Delivery is desired. .7/ ❑Agent • Print your name and address on the reverse X l / / ❑Addressee so that we can return the card to you. B. HT";b Printed e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, / J// ,/ �- @ or on the front If space permits. / i/^(/ 0 l O 1� 'f Q n 1. Article Addressed to: l QdHf1Fy'�lo4nhlIEb' 1? Yes If YtnetrinwripFtlice below: 0 No 10 firm Imo) .gym,uuP-j M-. (`)vO4'`CLui -C'1 a. tevi i9pe f t, 7 r�C� *Certified Mall ❑ Express Mail o -��,1 dtC) 0 Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7008 3230 0000 0473 2946 (Monster from service label, _ __ PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-15 4U DEPARTMEN. OF PLANNING SERVICES ‘tz:cf,\#;+. Zoning Compliance Division 1555 North th Avenue Greeley, Co lorado Coloto rado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us FAX: 100 X 3555 970-304 6 98 C COLORADO Additionally, my records indicate the mobile home currently situated on the property never obtained either the required Zoning Permit or Building Permits and shall therefore be removed from the property. This hearing will take place in the County Commissiorers Hearing Room, First Floor, Weld County Centennial Center. 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned violation hearing date. The Department of Planning Services staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal actions to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, U.S. Postal ServiceCERTIFIED MAIL. RECEIPT i V�` (Domestic Mall Only;No insurance Coverage Provided)- ethan Salzman S Y o- r tveryinf rmati• visit urwe•-iteatwww.us•s.-•ms Zoning Compliance Officer II ru File: ZCV10-00093 m - • - • r Postage $ s Certified Fee Return Receipt Fee Postmark C (Endorsement Required) Here C Restricted Derivery Fee (Endorsement Required) C m Total Postage&Fees ru m Sant To co -; C Street,Apt.No no;C r�l`, ,^ or box Re. ` --- r -- U(. N City.State.ZIP+4 �t JU IMF rm t,Au ust2'r6 see Reversal rins umbrrs.1 Page 2 of 2 Report ID: CODE000023v002 Print Date-Time: 11/30/2010 3:46:03PM Bethany Salzman From: Bethany Salzman Sent: Friday, November 19, 2010 2:17 PM To: 'tshields@cvsinc.net' Cc: Lauren Light; Tina Booton; Peggy Gregory Subject: 9575 Warner Avenue Please be advised that we are in receipt of a request for information regarding the above address with respect to any open violations. My records indicate this parcel is situated within the unincorporated town of Carr. This parcel is currently in violation (ZCV10-00093) of the Weld County Zoning Ordinance, Chapter 23. The Zoning violation is due to the presence of wood, household trash and miscellaneous debris. Additionally, a mobile home is situated on the parcel for which zoning and/or building permits were never obtained and as such shall be removed from the parcel. This violation is in the process of being scheduled for a Violation Hearing before our Board of County Commissioners. I anticipate this hearing to occur in January. No fines have been assessed as of this date. In Weld County,violations are enforced by separate Departments, I have forwarded this e-mail to additional departments,such as Lauren Light, Weld County Department of Public Health & Environment (flight@co.weld.co.us),Tina Bootan, Pest & Weeds Control Division (tbootan@co.weld.co.us) and Peggy Gregory, Building Department (pgregorv@co.weld.co.us). They will be able to advise you if this property is currently in violation of their respective Rules and Regulations. Please feel free to contact me with any questions or concerns. Bethany Bethany Salzman Zoning Compliance Officer II 1555 North 17th Avenue Greeley, CO 80631 Office: (970)353-6100 Ext. 3555 Fax: (970)304-6498 Web: www.co.weld.co.us use COLORADO 1 Mission Statement: To be the single point, Nationwide solutions for assisting Cities, Banks and Servicers t alleviate neighborhood blight due to abandoned housing. Code Violation Services Inc Code Enforcement Officer Property Address: 9575 Warner Avenue Department of Code Enforcement Weld, CO 80612 County of Weld Assessor Parcel No.: Weld,CO 00000 Company: Chicago Title of Colorado Ale No.: 80300510 REQUEST FOR NOTICE OF CODE, ZONING AND PERMIT VIOLATIONS AND PAYOFF DEMAND THIS IS NOT A RECORDED LIEN SEARCH Please be advised that Code Violation Services has been hired by Chicago Title of Colorado to assist with Code Violation documentation for the sale of the above captioned property. Please advise if there are any Code Violations or violation fees, penalties, fines, levies, or any other charges or claims due to your department. Please let us know if there are any other departments that handle code violations as well."""Please note this is not a lien search request`"" If the answer to the foregoing questions are"no",(No Code Violations)please check, sign the enclosed form, print your 1. name and title where Indicated,and return It to us by fax to(B00)7292214 or email to orders@cvslnc.net If there are any such claims, charges, or money claimed due to the County of Weld , please complete the enclosed form, sign and date it, print your name and title, and return it to us by fax to (B00) 729-2214 or email to 1. tshlelds@cvsInc.net.Alternatively, you may use your own payoff/release of lien form. ************Please contact us via email with any questions************ orders@cvsinc.net Mailing Address: 700 Automation Drive Unit F,Windsor CO 80550 Telephone(949)732-8145"Facsimile(800)729-2214 r Mission Statement: To be the single point, Nationwide solutions for assisting Cities, Banks and Servicers t alleviate neighborhood blight due to abandoned housing. Please complete form below, (2 sections If liens have been attached by Code Violation Services, only 1 section if Code Violation Services has not attached any liens), date and sign, print name and title and return. if you prefer, you can use your own Release of Lien form. Please furnish a brief description of the claim and attach all documents which support the claim THIS IS NOT A RECORDED LIEN SEARCH Please complete this section if and only if code Violation Services has attached recorded Violations to this request: ❑ A Violation (or Violations) hasihave been recorded with the Office of the County Recorder and is attached herewith, we request the payoff for this/these liens and please complete the following: Amount due:$ plus$ per diem. This demand is valid through 2010. You are authorized to use this document as a "Release of Lien°when you are holding the above sums and are authorized to disburse them as follows: Make disbursement by check payable to: County of Weld and mail to: Please CHECK ONE BOX below regarding unrecorded code, zoning and permit violations: ❑ NO MONEY DUE for Code Violations, and no Code Violations found. (Please date and sign form below, print your name and title and return by fax or email) ❑ $ DUE TO County of Weld CITY/COUNTY CODE, ZONING AND PERMIT VIOLATIONS REPORT AND PAYOFF DEMAND PLEASE RETURN THIS FORM BY FAX TO (800) 729-2214 or by email to: orders(52cvsinc.net in the event that the conditions of this demand have not been complied with at the time provided herein, you are instructed nevertheless, to use said documents at any time thereafter as soon as the conditions(except for time) have been complied with unless we shall have made written demand upon you for their return. Dated: November 18th 2010 Cily/County of County of Weld By: Property Address: 9575 Warner Avenue [Print Name and Title] Phone: Email: fen "lige COLORADO DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PHONE:970-353-6100 X 3555 FAX: 970-304-6498 July 06, 2010 HSBC BANK USA 12650 INGENUITY DRIVE ORLANDO, FL 32826 Zoning Violation Case:ZCV10-00093 Legal Description: L13 THRU 19 BLK8 CARR Situs Address: 9575 WARNER AV Dear HSBC Bank USA: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30.1 Noncommercial Junkyard. NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. a r II D C COLORADO • DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 To bring your property into compliance with the Weld County Code: The Weld County Public Trustee website indicates you purchased the above described property on June 23, 2010 (COP Reception#3701477). The property is full of household trash and miscellaneous debris. This type of refuse is not an allowed use in this Zone District and shall therefore be removed from the property. Additionally, my records indicate the mobile home currently situated on the property never obtained either the required Zoning Permit or Building Permits and shall therefore be removed from the property. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until August 6, 2010 to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call S' cerely, Bethany Salzm Zoning Compliance Officer II File: ZCV10-00093 0 rs DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 1555 NORTH 17TH AVENUE IlDGREELEY, CO 80631 Website: WWW.CO.WELD.00.US QE-mail Address: bsalzmanco.weld.co.us PHONE: (970) 353-6100, Ext. 3555 COLORADO FAX: (970) 304-6498 June 25, 2010 HSBC BANK USA 12650 INGENUITY DRIVE ORLANDO FL 32826 Subject: COMP10-00045, Lot 13-19, Block 8, Carr,Weld County, Colorado Dear HSBC Bank USA: The Weld County Public Trustee website indicates you purchased the above described property on June 23, 2010 (COP Reception #3701477). Therefore, it has come to the attention of the Department of Planning Services'staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s)with the Weld County Code are as follow: The property is full of household trash and miscellaneous debris. This type of refuse is not an allowed use in this Zone District and shall therefore be removed from the property. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally,please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, ethany alz n Zoning Complia ce icer II File: COMP10-00045 SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld Public Trustee: Foreclosure-Details Page 1 of 2 klowo> °� _. Weld County Public Trustee mow: ,� ;t� 6 'Susie ' elasquez .-;Public Trustee y. ! . 1876 Home About Us Fees Foreclosure Links Pre-2008 Law Post-2008 Law PROPERTY DETAILS ID: 10-0274 Return to foreclosure search SALE INFORMATION Address Bankruptcy Holder's Initial Bid: 1575,516.53 Basics Holder: Cure HSBC BANK USA, N.A., AS Deed TRUSTEE ON BEHALF OF ACE SECURITIES CORP. HOME Law Firm EQUITY LOAN TRUST AND FOR Mailings Publication Deficiency Amount: S0.00 Redemption Sale Information Total Indebtedness: $75,516.53 Withdrawal Deferments Sold Information View Documents Date Sold: 6/23/2010 Successful Bid at Sale: 1575,516.53 Deficiency Amount Post Sale: $0.00 Overbid Amount: $0.00 COP Issued To: HSBC BANK USA, N.A., AS TRUSTE COP Issued To Address: 12650 INGENUITY DRIVE 877- J 596-8580 ORLANDO FL 32826 J COP Assigned To: COP Assigned To Address: http://www.wcpto.com/SearchDetails.aspx?id=640016318&fn=10-0274 6/24/2010 Weld Public Trustee: Foreclosuretails Page 2 of 2 COP Reception#: 3701477 Org/1"4 rf Wig F Return$o Search=L st1 Copyright©2008 Weld County Public Trustee's Office, All Rights Reserved. Disclaimer ®r® 4rn1 :c IIII http://www.wcpto.com/SearchDetails.aspx?id=640016318&fn=10-0274 6/24/2010 Weld Public Trustee: Foreclosure.Details Page 1 of 2 woF `© . Weld ,County Public Trustee o Susie'Velasquez - Public Trustee �ut• v . • -.. * 1876 Home About Us Fees Foreclosure Links Pre-2008 Law Post-2008 j.!3 J / \f3 PROPERTY DETAILS ID: 10-0274 \ Return to foreclosure search BASICS Address Bankruptcy NED Date: 12/8/2010 Basics NED Reception #: 13674749 Cure Deed Originally Scheduled Sale Date: 16/9/2010 Law Firm Mailings Currently Scheduled Sale Date: 16/9/2010 Publication Redemption Date File Received: 11/27/2010 Sale Information Withdrawal Date File Created: 2/5/2010 Deferments View Documents NED_RERECORDIN-G Date: 1 Reception #: 1 DEED OF TRUST Date: 14/28/2006 Recorded: 15/3/2006 Reception#: 13384490 LOAN INFORMATION Loan Type: Original Principle Balance: 1567,920.00 Principle Balance As Of Date: 18/1/2009 http://www.wcpto.com/SearchDetails.aspx?id=6400 1 63 1 8&fn=10-0274 4/20/2010 Weld Public Trustee: Foreclosu�Details Page 2 of 2 Outstanding Principle Balance: $67,226.78 Interest Rate: 8.9 Interest Type: Fixed Current Holder: HSBC BANK USA, N.A., J AS TRUSTEE ON J Grantee (Original Beneficiary): MORTGAGE ELECTRONIC taLti Original Grantor(Borrower): GLENN E MATOTT Pre�ri j,Usr._. t j1-1 etUtnz�o'Seafcfi�Lisf Copyright©2008 Weld County Public Trustee's Office, All Rights Reserved. Disclaimer http://www.wcpto.com/SearchDetails.aspx?id=6400 1 63 1 8&fn=10-0274 4/20/2010 eRecorded in Weld CpmeIr,CO Doc Id:3674749 02/08/2010 09:10 A Receipt#:7454091 Page:1 of 1 Total Fee:$6.00 Steve Moreno, Clerk and Recorder NOTICE OF ELECTION AND DEMAND FOR SALE BY PUBLIC TRUSTEE Public Trustee No. 10-0274 TO THE PUBLIC TRUSTEE OF THE COUNTY OF WELD,STATE OF COLORADO Pursuant to the terms of the Deed of Trust described as follows: Grantor(Borrower): GLENN E MATOTT Original Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR THE CIT GROUP/CONSUMER FINANCE,INC. Current Owner of the Evidence of Debt: HSBC BANK USA,NA,AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP.HOME EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP.HOME EQUITY LOAN TRUST, SERIES 2007-HE2,ASSET BACKED PASS-THROUGH CERTIFICATES Date of Deed of Trust: 4/28/2006 Recording Date of Deed of Trust: 5/3/2006 Original Principal Amount of Evidence of Debt: S 67,920.00 Outstanding Principal Amount of Evidence of Debt as of the date hereof: S 67,226.78 County of Recording: Weld Reception No.of Recorded Deed of Trust: 3384490 You are hereby notified that the undersigned,as owner of the evidence of debt secured by the Deed of Trust described above,the original principal amount of which was S 67,920.00,and the outstanding principal balance due and owing of which is S 67,226.78 as of 8/1/7009,declares a violation of the covenants of said Deed of Trust,including,but not limited to the following: The covenants of said Deed of Trust have been violated as follows: Failure to pay principal and interest when due together with all payments provided for in the evidence of debt secured by the Deed of Trust and other violations of the terms thereof. The following described property is all of the property encumbered by said Deed of Trust and is located in the County of Weld,State of Colorado: LOT 13 THROUGH 19,BLOCK 8,TOWN OF CARL COUNTY OF WELD,STATE OF COLORADO. and is also known by street and number as: 9575 WARNER AVENUE CARR,CO 80612 THE LIEN OF THE DEED OF TRUST BEING FORECLOSED MAY NOT BE A FIRST LIEN. The undersigned therefore elects to advertise the parity described herein for sale. Demand is hereby made that you as Public Trustee named in said Deed of Trust,give notice,advertise for sale and sell said property for the purpose of paying the indebtedness thereby secured and the expenses of making said sale,all as provided by law and the terms of said Deed of Trust. Pursuant to the Fair Debt Collection Practices Act you are advised that the Vaden Law Firm,LLC is deemed to be a debt collector attempting to collect a debt and any information obtained will be used for that purpose. HSBC BANK USA, NA, AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2007-HE2,ASSET BACKED PASS-THROUGH CERTIFICATES, Current Owner of Evidence of Debt By Wayne E.Vaden,#21026 VADEN LAW FIRM,LLC C: PO Box 18997 Denver,CO 80218 1(877)245-1529 January 27,2010 Attorney for Current Owner of Evidence of Debt 10-051-00289 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7507198 Parcel#: 020127012013 Tax Area: 0915 Bordering County: Acres: 0.6 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 11 - 67 -27 - 0 CARR- 8 - 13 Owners Name&Address: Property Address: MATOTT GLENN E Street: 9575 WARNER AV WELD 9575 WARNER AVE City: WELD CARR, CO 80612 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 4/28/2006 $84,900 SWD 3384489 Legal Deception L13 THRU 19 BLK8 CARR Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Site Land Subtotal: $21,000 $1,670 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Residential 3 Out Building Improvements Subtotal: $82,596 $6,570 Total Property Value $103,596 $8,240 Building Details Account#: R7507198 Parcel#: 020127012013 Owners Name&Address_ Property Address: MATOTT GLENN E Street:9575 WARNER AV WELD 9575 WARNER AVE City:WELD CARR,CO 80612 Building# Property Type 1 Residential Individual Built As Detail Built As: 2 Story Year Built: 1903 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=02012... 4/20/2010 Identify Results Page 2 of 2 Exterior: Frame Stucco HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1064 #of Baths: 1 Roof Type: Gable #of Bdrms: 2 Roof Cover: Composition Shingle #of Stories: 2 Rooms: 5 Units: 1 Garage: Attached SQ Ft: 0 Detached SQ Ft: 0 Basement: Total SQ Ft: 506 Finished SQ Ft: 0 Account#: R7507198 Parcel#: 020127012013 Owners Name&Address: Property Address: MATOTT GLENN E Street: 9575 WARNER AV WELD 9575 WARNER AVE City: WELD CARR, CO 80612 Building# Property Tyne 2 Residential Individual Built As Detail Built As: Detached Garage Year Built: 1955 Exterior: Frame Siding HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: Gable #of Bdrms: 0 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 0 Units: 1 Garaoe: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft Account#: R7507198 Parcel#: 020127012013 Owners Name&Address: Property Address: MATOTT GLENN E Street: 9575 WARNER AV WELD 9575 WARNER AVE City: WELD CARR,CO 80612 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Equipment Year Built: 2003 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 768 #of Baths: 0 Roof Type: Gable #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 1 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=02012... 4/20/2010 Identify Results Page I of I Parcel Summary Parcel#: 020127012013 Owner: MATOTT GLENN E Address: 9575 WARNER AVE City: CARR State: CO Zip Code: 80612 Account#:R7507198 Other Accounts on this Parcel Account Type # of Account's Mobile Home 1 Detail Information: =ZS Co 2 Bulimia azzazzia ,T+1j30:Y71;ri"41 v. /a-1u http://maps2.mcrrick.com/Website/Weld/setSQL.asp?Name=Weldshp&part=0201270120._ 4/20/2010 • • 1111111 AIII IIIII II 1V ill!111111111111 III IIIII BII IIII 3384489 05/03/2006 03:42P Weld County,CO An 1 of 1 R 6.00 0 8.49 Steve Moreno Clark&Recorder SPECIAL WARRANTY DEED SaR 309 TaIS ED,Made thFes deral Na onalMay of oril,tgagelAssodati & -qq • Fannie Mae aka lredanl NatlondMortgege Aasodatlen a corporation duly organized and existing under and by virtue of the laws of the United States of America, • gmntor(s),and Glenn E.Matott r� whose logal address is 9575 Warner AvenueCarr,CO6y,�1 of the County of Weld,State of Colorado,grantee(s) WITNESSED',That the grantor(s),for and in consideration of the sum of Nighty-Pour Thousand Nine Hundred Dollars and NO/I DO's(584,900.00),the receipt and sufficiency of which is hereby acknowledged,has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s),its heirs,successor.and assigns forever,all the real property together with improvements,if any,situate, lying and being in the County of Weld,State of COLORADO,described as follows: Lot 13 through 19, Block 8, Town of Cart, o County of Weld, State of Colorado. pvP algid known by street andnumber as 9575 Warner Avenue,Carr,CO Ot;QI� —1y, TOGETHER with all and singular the hereditemenb and appurtenances thereunto belonging,or in anywise gy, appertaining,and the reversion and reversions,remainder and remainders,tenor,issues and profit thereof and all �hhhh'"^"`llll the estate,right,title,&de art,claim and demand whatsoever of the gmntor(s),either in law or equity,o4 in and to the above bargained premises,with the hereditamanb and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and degrnlwl wish the appurtenances,=to the grantee(s),it's heirs,successors and assigns forever. The grantor(s),for itself;it's successors and assigns,does covenant and agree that it shall and wall WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(a),its hairs,successors and assigns,against all and persons claiming the whole orevery person or any lertihereo�by,through or under the grantor(s). The singular number shall include die plural, the plural the singular, and the use of any gender shall be applicable to all genders. �IC� YffW�17'fI1FS$WHEREOF,the grantor(s)has caused its corporate name to be hereunto subscribed by its Y(er/�r�l and its corporate seal to be hereunto affixed the day and year first above written. MILLER: .r\�1 Mtlhi(., Federal le M ffgggeq o etlon ; aPr1RgTGtC; IlV/ • r. 2y DonnaGhassemi Ia. VICE PRESIDENT STATE OF Texas COUNTY OF Dallas }till: The foregoing inatmment was aclmowl a naNT day ofAprq 2006 by DDoon�na at ion As tJ of Fannie Mae eral National Mortgage Witness my hand and official seal. Notary Public My Co®isei=expires; Qkk-1 URiI' 0 I �F""SNERYR MARTIN ` \,, Non,Peals star, r qc <.o • coss) SPWDC1C Special Wmsnry Deed from a(a,pmada,hnasmin Commono 50083 09 Pile No.50083309 . r , i l 1 r 1•� fir_ �r- _I r � � ,I I I 1 4i >-- • CO Il 3RD I I ise cr 4 ' 1 I Li I .• - rl • N CD - . . CD '' ir I. 0 • �� .� ^ C 1 `.'� ` a-' �. N • _ ...50-1-.3,,--., ;,,,. J :\ + = ii - '- ^, ' .r a. • I 1 < `.- _ a_. a �.1.r , ,. a I . }l ` l • .. . , • a \ 4 I FP.— j I - . •_ g C _ 4 ' • ` ...4...4 • w . - k. S.,f.t.. -- . a -tet I' ' ' -41r- ! a . .--;-...177:1!..- 34: -.I sI N.."' I- . bur-- —.1r. . \ Mg ... .. r ..: •PA titiiHi -� 1 + • 7-1:14 1{� �� irf I r •- V. .^J1 1.- ailini r. •�sit•v-- .• 17_,� f - `�- .. .::. 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