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 or the following described mortgage:
DATE OF MORTGAGE: September 17, 2004
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $176,250.00
MORTGAGOR(S): Kari V. Smith and Stephen T. Smith, wife and husband
MORTGAGEE: Mortgage Electronic Registration Systems, Inc
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
LENDER: Cendant Mortgage Corporation D/B/A Burnet Home Loans
SERVICER: PHH Mortgage Corporation
DATE AND PLACE OF FILING: Filed December 14, 2004, Dakota County Recorder, as Document Number 2276022
ASSIGNMENTS OF MORTGAGE: Assigned to: PHH Mortgage Corporation; Dated: May 5, 2009
LEGAL DESCRIPTION OF PROPERTY:
Unit 1907, Common Interest Community No. 362, Mallard Shores Condominiums
PROPERTY ADDRESS: 16814 Embers Avenue, Lakeville, MN 55024
PROPERTY IDENTIFICATION NUMBER: 22-47051-907-06
COUNTY IN WHICH PROPERTY IS LOCATED: Dakota
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $169,404.99
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: June 30, 2009, 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 six months from the date of said sale by the mortgagor(s) their personal representatives or assigns.
"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: May 12, 2009
PHH Mortgage Corporation
Assignee of Mortgagee
SHAPIRO, NORDMEYER & ZIELKE, L. L. P.
Lawrence P. Zielke - 152559
Diane F. Mach - 273788
Kristine M. Spiegelberg - 308845
Melissa L. Baldridge Porter - 0337778
Attorney for Mortgagee
12550 West Frontage Road, Ste. 200
Burnsville, MN 55337
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.