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Mortgage Electronic Registration Systems, Inc vs Durand

Tuesday, July 16, 2013 - 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 the conditions of the following described mortgage:
DATE OF MORTGAGE: April 17, 2009
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $371,387.00
MORTGAGOR(S): David J. Durand and Mia M. Durand, husband and wife
MORTGAGEE: Mortgage Electronic Registration Systems, Inc.
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
MIN#: 100052211009312800
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: Franklin American Mortgage Company
SERVICER: Wells Fargo Bank, NA
DATE AND PLACE OF FILING: Filed August 3, 2010, Dakota County Recorder, as Document Number 2744241
ASSIGNMENTS OF MORTGAGE: Assigned to: Wells Fargo Bank, NA; Dated: July 30, 2012 filed: July 31, 2012, recorded as document number 2883894
LEGAL DESCRIPTION OF PROPERTY:
Lot 5, Block 2, Hungry Point Farm
PROPERTY ADDRESS: 9 Old Deerfield Road, Welch, MN 55089
PROPERTY IDENTIFICATION NUMBER: 33.33850.02.050
COUNTY IN WHICH PROPERTY IS LOCATED: Dakota
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $379,966.10

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: August 1, 2013, 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 6 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 February 3, 2014.

"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: June 4, 2013

Wells Fargo Bank, NA
Assignee of Mortgagee

SHAPIRO & ZIELKE, LLP
Lawrence P. Zielke - 152559
Diane F. Mach - 273788
Melissa L. B. Porter - 0337778
Randolph W. Dawdy - 2160X
Ronald W. Spencer - 0104061
Stephanie O. Nelson - 0388918
Gary J. Evers - 0134764
Patricia L. Assmann - 0388455
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.
13-089303
6/13-7/18