Robert and Rosetta Duff vs GMAC Mortgage - Mortgage Foreclosure Postponement

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: May 19, 2010

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $298,381.00

MORTGAGOR(S): Robert Duff and Rosetta Duff, husband and wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

DATE AND PLACE OF FILING: Filed June 4, 2010, Dakota County Recorder, as Document Number 2733912

ASSIGNMENTS OF MORTGAGE: Assigned to: GMAC Mortgage, LLC; Dated: August 2, 2012

MORTGAGE ORIGINATOR: Not Applicable

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT?S MORTGAGE ID NUMBER: 100037506873162946

SERVICER: GMAC Mortgage, LLC

LENDER: Ally Bank Corp. f/k/a GMAC Bank

LEGAL DESCRIPTION OF PROPERTY:

Lot 4, Block 2, Pine Knoll, except that part Southeast of line beginning at a point in the Northeast line 102.5 feet Southeast of the most Northeast corner; thence Southwest to a point on the Southwest line 102.5 feet Southeast of the most Northwest corner.

STREET ADDRESS OF PROPERTY: 20155 Dunbar Ave, Farmington, MN 55024

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota

TAX PARCEL IDENTIFICATION NUMBER: 14-57600-02-042

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $297,650.47

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 statues;

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: October 4, 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 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 6 months from the date of sale.

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 April 4, 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 16, 2012

GMAC Mortgage, LLC

Assignee of Mortgagee

SHAPIRO & ZIELKE, LLP

BY

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

NOTICE OF POSTPONEMENT OF

MORTGAGE

FORECLOSURE SALE

The above referenced sale scheduled for October 4, 2012, at 10:00 AM, has been postponed to November 30, 2012, at 10:00 AM, located at Dakota County Law Enforcement Center, 1580 Hwy 55, Lobby S-100, Hastings, MN 55033, said County and State.

If this is an owner occupied, single-family dwelling, the premises must be vacated by May 30, 2013 at 11:59 PM.

Dated: October 5, 2012.

GMAC Mortgage, LLC

Assignee of 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

12550 West Frontage Road, Ste. 200

Burnsville, MN 55337

(952) 831-4060

Attorney for Assignee of Mortgagee

12-084694

(Oct 11)

Tags: public notices, foreclosures