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Mortgage Electronic Registration Systems, Inc. vs Hemphill

Thursday, March 27, 2014 - 11:20pm

NOTICE OF MORTGAGE
FORECLOSURE SALE
THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.
NOTICE IS HEREBY GIVEN, that default has occurred in conditions of the following described mortgage:
DATE OF MORTGAGE:May 14, 2003
MORTGAGOR:Donald D Hemphill and Cheryl K. Hemphill, husband and wife.
MORTGAGEE: Mortgage Electronic Registration Systems, Inc.
DATE AND PLACE OF RECORDING: Recorded May 21, 2003 Goodhue County Recorder, Document No. 485949.
ASSIGNMENTS OF MORTGAGE: Assigned to: Countrywide Home Loans, Inc. Dated June 3, 2008 Recorded June 16, 2008, as Document No. A556771; and by Document Dated November 11, 2010 Recorded March 9, 2011 as Document No. A584173. And thereafter assigned to: Bank of America, N.A., successor by merger to BAC Home Loans Servicing LP FKA Countrywide Home Loans Servicing, LP. Dated November 11, 2010 Recorded March 25, 2011, as Document No. A584543; and by Document Dated December 2, 2011, Recorded December 12, 2011 as Document No. A590756. And thereafter assigned to: Green Tree Servicing LLC. Dated April 5, 2013 Recorded September 12, 2013, as Document No. A608707.
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
TRANSACTION AGENT\'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100015700025285905
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: America\'s Wholesale Lender
RESIDENTIAL MORTGAGE SERVICER: Green Tree Servicing LLC
MORTGAGED PROPERTY ADDRESS: 461 12th Street, Red Wing, MN 55066
TAX PARCEL I.D. #: 55.045.0070
LEGAL DESCRIPTION OF PROPERTY:
EXHIBIT A
That part of Lot 3 of the AUSITOR\'S SUBDIVISION OF PART OF BLOCK 6 OF PSATES & CO\'S OUTLOTS, according to the plat thereof filed in the Goodhue County Recorders Office described as follows:
Commencing at the intersection of the southeasterly right of way line of Twelfth Street with the southeasterly right of way line of South Park Street; thence South 23 degrees 46 minutes 32 seconds West, assumed bearing, along the southeasterly right of way line of Twelfth Street, a distance of 205.50 feet to the point of beginning of the land to be described; thence South 63 degrees 57 minutes 55 seconds East, a distance of 20.38 feet; thence South 65 degrees 36 minutes 21 seconds East, a distance of 112.90 feet to the southeastlerly line of said Auditors Lot 3; thence South 23 degrees 51 minutes 36 seconds West, along said southeasterly line of Ausitors Lot 3, a distance of 62.73 feet to the most southerly corner of said Auditors Lot 3, thence North 62 degrees 28 minutes 51 seconds West, along the southwesterly line of said Auditors Lot 3, a distance of 133.46 feet, to the southeasterly right of way line of Twelfth Street; thence North 23 degrees 46 minutes 32 seconds East, along said southeasterly right of way line of Twelfth Street, a distance of 56.04 feet to the point of beginning.
Together with a 15.00 foot easement to be used as a common driveway lying and being southwesterly and adjacent to the following described line:
Part of Lot 3 of Auditor\'s subdivision of Block 6 of Spates & Co\'s Out Lots to Red Wing, except Akers & Co\'s and blodgett\'s Subdivisions, described as follows, to-wit:
Commencing at a point on the southeasterly line of Twelfth Street 205 1/2 feet southwesterly from the intersection of the Southeasterly line of Twelfth Street with the Southwesterly line of South Park Street; running thence southeasterly 135 feet, more or less, to a point on the southeasterly line of said Lot 3 distants 59 1/2 feet northeasterly from the osuthwesterly line of said lot 3; thence southwesterly along the southeasterly line of said Lot 3 59 1/2 feet to the most southerly corner of said Lot 3, being the point of beginning of the line to be described; thence northwesterly along the southwesterly line of said Lot 3 to the Southeasterly line of Twelfth Street and there terminating; Goodhue County, Minnesota.
Abstract Property- Goodhue County.
COUNTY IN WHICH PROPERTY IS LOCATED: Goodhue
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:$109,500.00
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE:$89,996.25
That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof;
PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows:
DATE AND TIME OF SALE: May 28, 2014 at 11:00 AM
PLACE OF SALE:Sheriff\'s Office, Main Lobby of the Law Enforcement Center, 430 West 6th Street, Red Wing, MN
to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys\' fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. ยง580.07.
TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on November 28, 2014, unless that date falls on a weekend or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.
MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE:None
"THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR\'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED."
Dated: March 19, 2014
Green Tree Servicing LLC
Mortgagee/Assignee of Mortgagee
USSET, WEINGARDEN AND LIEBO, P.L.L.P.
Attorneys for Mortgagee/Assignee of Mortgagee
4500 Park Glen Road #300
Minneapolis, MN 55416
(952) 925-6888
8 - 14-001387 FC
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
3/29-5/3


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