301153 DISTRICT COURT, LA PLATA

Details
$264,000
Placed on 3/6/2019
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301153
DISTRICT COURT, LA PLATA COUNTY, COLORADO
1060 EAST 2ND AVENUE, DURANGO, CO 81301
Plaintiff: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT TRUST 2005-FF2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-FF2

Defendants: JOSEPH MASTERS LEATH; RONDA ANGELA LEATH; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; COUNTRYWIDE HOME LOANS, INC.; ELIZABETH ANNIS; JUDGE NAVIN C. NAIDU, and ALLISON AICHELE OR HER SUCCESSOR IN HER OFFICIAL CAPACITY AS PUBLIC TRUSTEE OF LA PLATA COUNTY, COLORADO.
Case No: 2017CV030225

COMBINED NOTICE
SHERIFF SALE NO: 456

Under a Judgment and Order for Decree of Foreclosure entered DECEMBER 3, 2018 in the above referenced action, I am ordered to sell certain property, as follows:

Original Grantor: JOSEPH MASTERS LEATH AND RONDA ANGELA LEATH
Original Beneficiary: FIRST FRANKLIN FINANCIAL CORP., SUBSIDIARY OF NATIONAL CITY BANK OF INDIANA
Current Holder of Evidence of Debt: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FFMLT TRUST 2005-FF2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-FF2
Date of Deed of Trust: December 13, 2004
Date Deed of Trust Recorded: December 27, 2004
County of Recording: La Plata
Recording Reception Number: Reception Number 900010
Original Principal Debt: $264,000.00
Judgment Amount: $444,166.24

Description of the property to be foreclosed:

A PARCEL OF LAND LOCATED IN TRACT NO 39, TOWNSHIP 37 NORTH, RANGE 6 WEST OF THE N.M.P.M., LA PLATA COUNTY, COLORADO, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 6 WEST OF THE N.M.P.M; THENCE S0deg.5563E, A DISTANCE OF 1142.26 FEET TO THE NORTHEAST CORNER OF THE TRACT OF LAND DESCRIBED AT RECEPTION NO. 744690, LA PLATA COUNTY RECORDS AND THE TRUE POINT OF BEGINNING;
THENCE S01deg.1446E ALONG THE EAST LINE OF SAID TRACT; A DISTANCE OF 698.11 FEET TO THE SOUTHEAST CORNER OF SAID TRACT;

THENCE N89deg.5601W ALONG THE SOUTH LINE OF SAID TRACT, A DISTANCE OF 263.99 FEET TO THE CENTER OF VALLECITO CREEK;

THENCE THE FOLLOWING EIGHT (8) COURSES ALONG SAID CENTER OF VALLECITO CREEK;
1. THENCE N36deg.3838E, A DISTANCE OF 82.23 FEET;
2. THENCE N03deg.3122W, A DISTANCE OF 148.00 FEET;
3. THENCE N00deg.0838E, A DISTANCE OF 53.00 FEET;
4. THENCE N01deg.0435E, A DISTANCE OF 48.62 FEET;
5. THENCE N03deg.0823E, A DISTANCE OF 122.37 FEET;
6. THENCE N11deg.2019E, A DISTANCE OF 105.35 FEET;
7. THENCE N20deg.0752E, A DISTANCE OF 85.63 FEET;
8. THENCE N26deg.0914E, A DISTANCE OF 80.68 FEET TO THE NORTH LINE OF SAID TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 744690; THENCE N88deg.0014E, A DISTANCE OF 115.40 FEET TO THE TRUE POINT OF BEGINNING.

Purported Common Address: 363 LITTLE VALLEY ROAD, BAYFIELD, CO 81122

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

The covenants of said Deed of Trust have been violated as follows: Borrowers failure to make timely payments as required under the Evidence of Debt and Deed of Trust.

NOTICE OF SALE

THEREFORE, NOTICE IS HEREBY GIVEN THAT I WILL, at 10:00 AM, on May 2, 2019 in the lobby of the LA PLATA County Sheriffs Office, located at 742 TURNER DR., DURANGO, CO 81303 sell the property described above, at public auction to the highest bidder who has submitted bid funds for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase as provided by law.

First Publication 3/6/19
Last Publication 4/3/19
Newspaper: Durango Herald

NOTICE OF RIGHTS

YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED.

IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED.

The name, address and phone number of the attorney representing the Holder: Janeway Law Firm, P.C., 9800 S. Meridian Blvd., Suite 400, Englewood, CO 80112, Phone: (303) 706-9990 Fax: (303) 706-9994 JLF No.: 16-013012

IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER 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, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU, OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

Office of the Attorney General
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 10th Floor
Denver, CO 80203
Phone (720) 508-6000
www.coloradoattorneygeneral.gov

Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, Iowa 52244
Phone (855) 411-2372
www.consumerfinance.gov

This Sheriffs Notice of Sale is signed February 4, 2019
/s/ Sean M. Smith
LA PLATA County Sheriff, Colorado
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