HomeMy WebLinkAbout20162681.tiff—— Arthur B. Walsh
ATTORNEY AT LAW
AUG 15 21:1
August 12, 2016
Re: Weld County Public Trustee Foreclosure Sale No. 16-0014
To Whom It May Concern:
Enclosed please find Notice of Foreclosure Hearing pursuant to C.R.C.P. Rule 120. The hearing is
scheduled for 9 A.M. on August 31, 2016. Pl;ease let me know if you have any questions.
Sincerely,
Arthur B. Walsh
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4155 E. Jewel Ave. #808, Denver, CO 80222 Tel: 720-328-2248 Fax: 720-295-1805 Cell: 720-505-0144
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DISTRICT COURT, COUNTY OF WELD,
COLORADO
Court Address:
901 9th Ave
P.O. Box 2038 (80632)
Greeley, CO 80631
Applicants:
Guadalupe Chavez and Monica Rose Chavez
VS.
Respondent(s):
Mario Moreno, Elizabeth Moreno,
Carlos Ojeda. Sergio Ojeda, Marcelino Ojeda
A COURT USE ONLY •
Attorney for Applicant:
Arthur B. Walsh, LLC,
Arthur B. Walsh 4, 448096
4155 E. Jewell Avenue, Suite. 808,
Denver Co. 80222
Telephone:720.328.2248 Cell 720.505.0144
Fax:720.292.1805 Email: arnvalshra!artwalsh.com
Case Number:
Div.:
NOTICE OF RULE 120 HEARING — August 31 , 2016 9:00 AM
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:
Notice is hereby given that Guadalupe Chavez and Monica Rose Chavez by and through their
Attorney of record Arthur B Walsh, have filed a Motion with this Court, claiming to be the holder of a
Promissory Note in the original amount of 595,000 , dated 3/21/2002 (the "Note"), and a Deed of Trust
securing said Note to the Public Trustee of the County of Weld, Colorado, dated 3/21/2002, executed by
Mario Moreno and Elizabeth Moreno and recorded 4/03/2002, at reception number 2939569 of the
records of the Clerk and Recorder of the County of Weld. Colorado (the "Deed of Trust").
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The Motion claims that Applicants are entitled to foreclose the lien of the Deed of Trust because
the covenants of said Deed of Trust have been violated as follows: Defaults have been made under said
Deed of Trust which include, but are not limited to, the failure to timely make payments required under
said Deed of Trust and the Note secured thereby, and, therefore, Applicants have elected to accelerate the
entire indebtedness.
The Motion requests a Court Order authorizing the Weld County Public Trustee to sell the
following real property in Weld County, Colorado
LEGAL DESCRIPTION
THAT PART OF THE NORTH 1/2 OF THE SOUTH 1/2 OF SECTION 7, LYING EASTERLY OF
THE CENTERLINE OF THE BOWLES SEEP CANAL AS SAID CANAL NOW EXISTS, ALL IN
TOWNSHIP I NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD.
STATE OF COLORADO
Also known by street and number as 4215 CR 39, Hudson, Colorado, Weld County, Colorado 80642 .
If you dispute the default or other facts claimed by Applicants to justify this foreclosure, or if you
are entitled to protection against this foreclosure under the Soldiers' and Sailors' Civil Relief Act of 1940,
as amended and renamed the Service members Civil Relief Act (U.S.C. §50I, ct. seq.), you must make a
written response to the Motion, stating under oath the facts upon which you rely and attaching copies of
all documents which support your position. This response must be filed with the Clerk of this Court, at the
Office of the Clerk of the Weld County District Court, 901 9th Ave. Greeley, CO 80631, not later than
August 26 , 2016 and shall be served upon Applicant by the same date pursuant to Rule 5(b) of the
Colorado Rules of Civil Procedure at the office of : Arthur B. Walsh, LLC, Arthur B. Walsh 4155 E.
Jewell Ave Suite 808, Denver Co. 80222 Any person who files a response may be required to pay a
docket fee of S158.00 at the time of the filing.
A hearing on the Motion is scheduled for August 31, 2016 at 9 :00 AM in Weld County
District Court, 901 9th Ave Greeley, CO 80631, . You may attend this hearing with or without an
attorney. IF NO RESPONSE IS FILED BY AUGUST 26th, 2016 THE COURT MAY, WITHOUT A
HEARING AND WITHOUT FURTHER NOTICE, AUTHORIZE THE FORECLOSURE AND A
PUBLIC TRUSTEE'S SALE.
NOTE: IF THIS CASE IS NOT FILED LN 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 SEVEN DAYS BEFORE THE HEARING.
IF YOU BELIEVE THAT THE LENDER OR SERVICER OF THIS MORTGAGE HAS
VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN
SECTION 38-38-103.1, COLORADO REVISED STATUTES, OR THE PROHIBITION
ON DUAL TRACKING IN SECTION 38-38-103.2, COLORADO REVISED STATUTES,
YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL,
THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU, OR BOTH AT:
COLORADO ATTORNEY GENERAL:
Office of the Attorney General
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 10th Floor
Denver, CO 80203
800-222-4444 (if outside of Denver but in Colorado); or
720-508-6006 (in Denver and out of state) attorney.ceneral@state.co.us
CONSUMER FINANCIAL PROTECTION BUREAU:
Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, Iowa 52244
(855) 411-2372; 8 a.m. — 8 p.m. Eastern, Monday —Friday
infonconsumerfmance. coy
THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
Dated: August 10, 2016 at Denver, Colorado, 80222
Arthur B. Walsh IA.C.
By: /s/Arthur B. Walsh
Arthur B. Walsh # 48096
NOTE: ARTHUR B.WALSH WAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
IMPORTANT NOTICE: THE NOTICE AND MOTION EN 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.
TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO THE
AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR
INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR
PAYMENT OR AN ATTEMPT TO COLLECT INDEBTEDNESS AS YOUR PERSONAL
OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY, PLEASE PROVIDE US
WITH THE ATTORNEY'S NAME, ADDRESS AND TELEPHONE NUMBER.
Address of Applicant
Guadalupe Chavez and Monica Rose Chavez
Care Of:
Arthur B. Walsh. LLC,
Arthur B. Walsh 4, 448096
4155 E. Jewell Avenue, Suite. 808
Denver Co. 80222
Telephone:720.328.2248 Cell 720.505.0144
Fax:720.292.1805 Email: arm alsh!ri artwalsh.com
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