COMBINED NOTICE OF SALE, RIGHT TO CURE, AND RIGHT TO REDEEM
Sale No. 29-18
This Combined Notice concerns the Deed of Trust described as:
Original Grantor(s): ASHLY RENEE FERNANDEZ AND SANTOS FERMIN FERNANDEZ
Original Beneficiary: THE UNITED STATES OF AMERICA ACTING THROUGH THE RURAL HOUSING SERVICE OR SUCCESSOR AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE
Current Holder of Evidence of Debt: THE UNITED STATES OF AMERICA, ACTING THROUGH THE RURAL HOUSING SERVICE
Date of Deed of Trust: July 20, 2006
Date Deed of Trust Recorded: July 21, 2006
County of Recording: Montezuma
Recording: Reception Number 541898
Original Principal Debt: $125,976.00
Outstanding/Unpaid Principal Balance of Debt: $109,179.27
YOU ARE HEREBY NOTIFIED that a foreclosure proceeding was commenced in the office of the undersigned Public Trustee to foreclose the lien of the Deed of Trust described above. The following described property being foreclosed is all of the property encumbered by Deed of Trust:
LOT 21, SEDONA ESTATES PHASE II, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD DECEMBER 4, 2003 IN PLAT BOOK 15, PAGE 69. COUNTY OF MONTEZUMA, STATE OF COLORADO.
Purported Common Address: 25 E. 13TH STREET, CORTEZ, CO 81321
You are hereby notified that the covenants of the Deed of Trust have been violated as follows:
Violations including, but not limited to, Borrowers failure to make timely payments as required under the Evidence of Debt and Deed of Trust.
You may have an interest in the real property being foreclosed that may be affected by this foreclosure. You may have the right to cure a default under the above-described Deed of Trust, and you may have the right to redeem the real property being foreclosed. A notice of intent to cure filed pursuant to 38-38-104, Colorado Revised Statutes, shall be filed with the undersigned public trustee at least fifteen (15) calendar days prior to the first scheduled sale date or any date to which the sale is continued. 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.
A notice of intent to redeem pursuant to 38-38-302, Colorado Revised Statutes, shall be filed with the undersigned public trustee no later than 8 business days after the sale.
A copy of sections 38-37-108, 38-38-103, 38-38-104, 38-38-301, 38-38-302, 38-38-304, 38-38-305, and 38-38-306 of the Colorado Revised Statutes, as presently comprised, is included with this Combined Notice as required by law. However, your rights may be determined by previous statutes.
Attorney representing the Holder: Janeway Law Firm, P.C., Lynn M. Janeway #15592, 9800 S. Meridian Blvd., Suite 400, Englewood, CO 80112, Phone: (303) 706-9990 Fax: (303) 706-9994 JLF No.: 18-019576
THEREFORE, the undersigned Public Trustee will, at 10:00 AM on Wednesday, January 30, 2019 at the Montezuma County Public Trustee, 140 W. MAIN STREET STE #2, Cortez, CO 81321, sell the property described above, at public auction to the highest bidder who has submitted bid funds to the undersigned Public Trustee as specified by 38-38-106(7), C.R.S. to pay the Debt and certain other sums, all as provided by applicable law and the Deed of Trust, and will deliver to the purchaser a certificate of purchase as provided by law.
THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.
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, AT:
Office of the Attorney General
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 10th Floor
Denver, CO 80203
Phone (720) 508-6000
Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, Iowa 52244
Phone (855) 411-2372
THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU ARE IN BANKRUPTCY OR THIS DEBT HAS BEEN DISCHARGED IN BANKRUPTCY, THE COLLECTION ACTION DESCRIBED IN THIS NOTICE SHALL BE AGAINST THE REAL PROPERTY THAT SECURES THE DEBT AND NOT AGAINST YOU PERSONALLY.
DATED: October 8, 2018
Montezuma County Public Trustee, State of Colorado
By: /s/ Sherry Dyess
First Publication: December 4, 2018
Last Publication: January 1, 2019
Newspaper: The Journal
Published in The Journal December 4, 11, 18, 25, 2018 and January 1, 2019.