937324 Foreclosure - Totz
Foreclosure Sale Publish July 8, 15, 22, 29, August 5, 12, 2009 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...
Publish July 8, 15, 22, 29, August 5, 12, 2009
NOTICE OF MORTGAGE
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 the conditions of the following described mortgage:
DATE OF MORTGAGE: April 30, 2004
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $233,000.00
MORTGAGOR(S): Brenda M. Totz and David C. Totz, wife and husband
MORTGAGEE: Mortgage Electronic Registration Systems, Inc., a Delaware corporation, as nominee for Suntrust Mortgage, Inc., a Virginia corporation
DATE AND PLACE OF FILING: Filed May 14, 2004, Douglas County Recorder; Document No. 256478
ASSIGNMENTS OF MORTGAGE: Assigned to: The Bank of New York Mellon, fka The Bank of New York as Successor in interest to JP Morgan Chase Bank NA as Trustee for Structured Asset Mortgage Investments II Inc. Bear Stearns ALT-A Trust 2004-7, Mortgage Pass-Through Certificates, Series 2004-7
LEGAL DESCRIPTION OF PROPERTY:
The E 1/2 SW 1/4 SW 1/4, Section 32, Township 130, Range 37
COUNTY IN WHICH PROPERTY IS LOCATED: Douglas County, Minnesota
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $234,832.30
THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes;
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: September 11, 2009 at 10:00 a.m.
PLACE OF SALE: Douglas County Sheriff's office, 216 Seventh Avenue West, Alexandria, Minnesota
to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale.
"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: July 2, 2009
THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO
JP MORGAN CHASE BANK NA
AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. BEAR STEARNS ALT-A TRUST
REITER & SCHILLER, P.A.
Rebecca F. Schiller, Esq.
Sarah J.B. Adam, Esq.
N. Kibongni Fondungallah, Esq.
James J. Pauly, Esq.
Leah K. Weaver, Esq.
Brian F. Kidwell, Esq.
Attorneys for Mortgagee
25 North Dale Street
St. Paul, MN 55102-2227
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.