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CitiMortgage, Inc. vs Gabbert

Thursday, September 13, 2012 - 12:00am

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 the conditions of the following described mortgage:

DATE OF MORTGAGE: July 12, 2002

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $163,000.00

MORTGAGOR(S): Charles T. Gabbert and Diane M. Gabbert, husband and wife

MORTGAGEE: CitiMortgage, Inc., as successor by merger to ABN AMRO Mortgage Group, Inc.

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: CitiMortgage, Inc., as successor by merger to ABN AMRO Mortgage Group, Inc.

SERVICER: CitiMortgage, Inc.

DATE AND PLACE OF FILING: Filed August 15, 2002, Dakota County Recorder, as Document Number 1926147

LEGAL DESCRIPTION OF PROPERTY:

That part of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 33, Township 115, Range 18 described as follows:

Commencing at the Southwest corner of said West 1/2 of the Northeast 1/4 of the Northeast 1/4; thence Northerly along the West line thereof a distance of 662.8 feet to the point of beginning; thence Easterly and parallel to the South line of said West 1/2 a distance of 329.05 feet; thence Northerly parallel to the West line of the said West 1/2 to the North line thereof; thence West along said North line of the West 1/2 to the Northwest corner of said West 1/2; thence Southerly along the West line thereof to the point of beginning. Together with and subject to an easement for ingress and egress 30 feet in width the centerline of which is described as follows: Commencing at a point on the North line of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 33, Township 115, Range 18, 329.05 feet West of the Northeast corner of said West 1/2; thence Southerly to a point on the South line of said West 1/2 which is 329.4 feet West of the Southeast corner of said West 1/2. Also together with and subject to a 33 foot easement for ingress and egress along the North line of said Northeast 1/4 of the Northeast 1/4 of Section 33, Township 115, Range 18, according to the Government Survey thereof, Dakota County, Minnesota.

PROPERTY ADDRESS: 14993 Fischer Ave, Hastings, MN 55033

PROPERTY IDENTIFICATION NUMBER: 34 03300 10 010

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $63,794.79

THAT all pre-foreclosure requirements have been complied with; 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: November 1, 2012, 10:00am

PLACE OF SALE: Sheriff's Main Office, Dakota County Law Enforcement Center, 1580 Hwy 55, Lobby S-100, Hastings, MN 55033

to pay the debt 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 12 months from the date of said sale by the mortgagor(s) the personal representatives or assigns.

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 1, 2013.

"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 5 UNITS, ARE NOT PROPERTY USED FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED.

Dated: August 31, 2012

CitiMortgage, Inc.

Mortgagee

SHAPIRO & ZIELKE, LLP

Lawrence P. Zielke - 152559

Diane F. Mach - 273788

Melissa L. B. Porter - 0337778

Ronald W. Spencer - 0104061

Stephanie O. Nelson - 0388918

Randolph W. Dawdy - 2160X

Gary J. Evers - 0134764

Attorneys for Mortgagee

12550 West Frontage Road, Ste. 200

Burnsville, MN 55337

(952) 831-4060

PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS OFFICE IS DEEMED TO BE A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This NOTICE is required by the provisions of the Fair Debt Collection PRACTICES Act and does not imply that we are attempting to COLLECT money from anyone who has discharged the debt UNDER the Bankruptcy Laws of the United States.

12-084873

9/13-10/18