Cendant Mortgage Corporation vs Caudillo

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 27, 2004

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $140,800.00

MORTGAGOR(S): Teodolo Caudillo, An unmarried man

MORTGAGEE: Cendant Mortgage Corporation D/B/A Burnet Home Loans

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: Cendant Mortgage Corporation D/B/A Burnet Home Loans

SERVICER: PHH Mortgage Corporation

DATE AND PLACE OF FILING: Filed June 30, 2004, Dakota County Recorder, as Document Number 2221417, Thereafter modified by Loan Modification Agreement dated January 11, 2008 recorded March 18, 2008 as Document No. 2578578; Thereafter modified by Loan Modification Agreement dated September 22, 2009 recorded February 9, 2010 as Document No. 2713419; Thereafter modified by Loan Modification Agreement dated January 1, 2011 recorded January 26, 2011 as Document No. 2781909

ASSIGNMENTS OF MORTGAGE: Assigned to: Mortgage Electronic Registration Systems, Inc.; Dated: October 12, 2004 filed: October 25, 2004, recorded as document number 2260852; Thereafter assigned to PHH Mortgage Corporation dated August 13, 2008 recorded August 25, 2008 as Document No. 2609652.

LEGAL DESCRIPTION OF PROPERTY:

The South 1/2 of Lot 1, Block 19, Riverside Park Addition to the City of St. Paul, Dakota County, Minnesota

PROPERTY ADDRESS: 419 1St Avenue South, South Saint Paul, MN 55075

PROPERTY IDENTIFICATION NUMBER: 36-64300-19-010

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $177,925.16

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: December 6, 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 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 June 6, 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: October 8, 2012

PHH Mortgage Corporation

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

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.

12-085589

10/18-11/22

Tags: public notices, foreclosures