(CRS 38-38-103) FORECLOSURE
SALE NO. 16-18
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On May 31, 2018, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Montezuma records.
Original Grantor(s): Corey Van Veach
Original Beneficiary(ies): Option One Mortgage Corporation
Current Holder of Evidence of Debt: 21st Mortgage Corporation
Date of Deed of Trust: May 18, 2000
County of Recording: Montezuma
Recording Date of Deed of Trust: May 23, 2000
Recording Information (Reception No.): 488208
Original Principal Amount: $162,000.00
Outstanding Principal Balance: $97,392.10
Pursuant to CRS 38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations of the terms thereof.
The undersigned therefore declares a violation of the covenants of said Deed of Trust. 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 all or part of the indebtedness thereby secured and the expense of making said sale, all as provided by law and the terms of said Deed of Trust.
THE LIEN OF THE DEED OF TRUST BEING FORECLOSED MAY NOT BE A FIRST LIEN.
A tract of land in the SE 1/4 of Section 36, Township 36 North, Range 16 West, N.M.P.M., being more particularly described as follows:
BEGINNING at a point on the North right of way line of Road H in said SE 1/4, from which point the SE Corner of said section 36 bears South 55deg. 12 12 East a distance of 52.43 feet;
THENCE South 89deg. 53 39 West a distance of 1216.27 feet along the North right of way of Road H to the TRUE POINT OF BEGINNING;
THENCE South 89deg. 53 39 West a distance of 60.00 feet along the North right of way of Road H to the East line of Sierra Vista Subdivision;
THENCE North 00deg. 01 47 West a distance of 1299.02 feet along the East line of Sierra Vista Subdivision;
THENCE North 89deg. 46 55 East a distance of 944.71 feet;
THENCE South 00deg. 05 50 West a distance of 995.88 feet;
THENCE South 89deg. 53 39 West a distance of 882.49 feet;
THENCE South 00deg. 01 47 East a distance of 305.00 feet to the North right of way line of Road H and to the true point of beginning.
Also known by street and number as: 26899 Road H, Cortez, Colorado 81321
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
If applicable, a description of any changes to the deed of trust described in the notice of election and demand pursuant to affidavit as allowed by statutes:
Scriveners Error Affidavit recorded in the records of county of Montezuma, Colorado on December 17, 2004 at Reception No. 527915 to correct the legal description.
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice is Hereby Given that I will at public auction at 10:00 a.m. on Wednesday, January 9, 2019, at 140 West Main Street, Suite 2, Cortez, CO 81321, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s) heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: November 16, 2018
Last Publication: December 14, 2018
Name of Publication: The Journal
Number of Clips: 5
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. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS SHALL BE SENT WITH ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO SECTION 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED;
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO SECTION 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE;
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;
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 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
Colorado Attorney General
1300 Broadway, 10th Floor
Denver, Colorado 80203
Federal Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, Iowa 52244
DATE: May 31, 2018
Public Trustee in and for the County of Montezuma, State of Colorado
By: /s/ Sherry Dyess
The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Quintairos, Prieto, Wood, & Boyer, P.A.
2390 E. Camelback Road, #440, Phoenix, AZ 85016, (602) 954-5605
Dominique Barrett #22636
Attorneys for Owner of Evidence of Debt
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Published in The Journal November 16, 23, 30 and December 7, 14, 2018.