COMBINED NOTICE OF SALE AND RIGHT TO CURE OR REDEEM
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustees Foreclosure Sale No. 35-18 was commenced on October 25, 2018 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Kody Neighbors and Jade Neighbors
Original Beneficiary: Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Solutions of Colorado, LLC
Current Holder of Evidence of Debt: MORTGAGE SOLUTIONS OF COLORADO, LLC
Date of Deed of Trust: January 10, 2014
County of Recording: Montezuma
Recording Date of Deed of Trust: January 13, 2014
Recording Information (Reception No.): 592735
Original Principal Balance: $152,192.00
Outstanding Principal Balance: $134,331.06
Pursuant to C.R.S. 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 thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOT 2, R&R ACRES 2 LOT MODERATE SUBDIVISION, A SUBDIVISION LOCATED IN NW/4 OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 16 WEST, N.M.P.M., AS PER THE PLAT THEREOF FILED FOR RECORD OCTOBER 9, 2013 IN THE OFFICE OF THE CLERK AND RECORDER, IN PLAT BOOK 18 AT PAGE 22. LESS AND EXCEPT ANY PORTION OF SUBJECT PROPERTY LYING IN OR BEING USED AS A COUNTY ROAD. COUNTY OF MONTEZUMA, STATE OF COLORADO.
TOGETHER WITH THE MANUFACTURED HOUSING UNIT DESCRIBED AS FOLLOWS:
MAKE: CAVCO INDUSTRIED LLC, MODEL: SPEYER LAND 7118, YEAR: 1998, SERIAL NUMBER(S): CAVAZO 98-0834XU & U, WIDTH & LENGTH: 65.00X28.00
Which has the address of: 12786 Road 22, Cortez, CO 81321
NOTICE OF SALE
The current Holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written 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, February 20, 2019, at 140 West Main Street, Suite 2, Cortez, CO 81321 and 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 deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: December 28, 2018
Last Publication: January 25, 2019
Name of Publication: The Journal
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, IS ATTACHED TO THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 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.
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 FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
IF YOU BELIEVE THAT THE LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT UNDER C.R.S. 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING PURSUANT TO C.R.S. 38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (coloradoattorneygeneral.gov/ca) , THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (WWW.CONSUMERFINANCE.GOV) OR BOTH. PLEASE NOTE, THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
IF YOU HAVE RECEIVED CONFIRMATION OF A COMPLETED OR ACCEPTED LOSS MITIGATION PACKAGE FROM THE LENDER OR SERVICER, IN ORDER TO STOP THE FORECLOSURE SALE YOU MUST PRESENT WRITTEN NOTIFICATION FROM THE LENDER OR SERVICER TO THE PUBLIC TRUSTEE OF MONTEZUMA COUNTY OF SAID LOSS MITIGATION NO LATER THAN FOURTEEN (14) CALENDAR DAYS BEFORE THE SALE DATE. THE NOTICE OF A COMPLETED LOSS MITIGATION PACKAGE OR ACCEPTED LOSS MITIGATION FROM THE LENDER OR SERVICER MUST BE DATED NO MORE THAN THIRTY-SEVEN (37) DAYS PRIOR TO THE SALE DATE.
Date: October 25, 2018
Public Trustee of Montezuma County, State of Colorado
/s/ Sherry Dyess
By: Sherry Dyess, Public Trustee
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is:
Randall S. Miller & Associates, P.C., 216 16th Street, Suite 1210, Denver, CO 80202, Phone: 720-259-6710
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 December 28, 2018 and January 4, 11, 18 and 25, 2019.