American Home Equity Corporation vs Pitcher

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: March 11, 2005

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $368,000.00

MORTGAGOR(S): Ken Pitcher and Kari L. Pitcher, husband and wife

MORTGAGEE: American Home Equity Corporation

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: American Home Equity Corporation

SERVICER: Bank of America, N.A.

DATE AND PLACE OF FILING: Filed April 13, 2005, Dakota County Recorder, as Document Number 2312609

ASSIGNMENTS OF MORTGAGE: Assigned to: Countrywide Document Custody Services, a Division of Treasury Bank, N.A.; Dated: March 11, 2005 filed: June 16, 2005, recorded as document number 2331026; Thereafter assigned to Mortgage Electronic Registration Systems, Inc. dated November 29, 2005 recorded January 3, 2006 as Document Number 2393437 Thereafter assigned to Bank of New York as Trustee for the CerticateHolders CWALT, Inc. Alternative Loan Trust 2005-24 Mortgage Pass-Through Certificates Series 2005-24 dated August 11, 2008 recorded September 4, 2008 as Document Number 2611437.

LEGAL DESCRIPTION OF PROPERTY:

Parcel 1: The following described tract, piece or parcel of land situate, lying and being in the County of Dakota and State of Minnesota to-wit: That part of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 113, Range 19, Dakota County, Minnesota described as follows: Beginning at the Southeast corner of the said East 1/2 of the Southeast 1/4 of the Southwest 1/4; thence bearing North 89 degrees, 46 minutes, 44 seconds West (assumed bearing) along the South line of the said East 1/2 of the Southeast 1/4 of the Southwest 1/4, 112.5 feet; thence North 00 degrees, 15 minutes, 23 seconds East parallel with the East line of the said East 1/2 of the Southeast 1/4 of the Southwest 1/4 a distance of 573.64 feet; thence North 89 degrees, 50 minutes 03 seconds West a distance of 264.28 feet; thence North 00 degrees 15 minutes, 23 seconds East parallel with the said East line, 150.00 feet; thence South 89 degrees, 50 minutes, 03 seconds East 376.78 feet, more or less, to the East line of the East 1/2 of the Southeast 1/4 of the Southwest 1/4; thence South 00 degrees, 15 minutes, 23 seconds West along the said East line 723.75 feet, more or less, to the point of beginning; subject to an easement for ingress and egress over and through the following described parcel to-wit: the West 66 feet of the East 112.50 feet of the South 444.23 feet of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 113, Range 19, Dakota County, Minnesota. Together with an easement on the North 35 feet of the South 758.75 feet of the East 280.12 feet of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section Thirteen (13), Township One Hundred Thirteen (113), Range Nineteen (19), Except the Easterly 96.66 feet thereof, According to the Government Survey thereof.

Parcel 2: The following described tract, piece or parcel of land situate, lying and being in the County of Dakota and State of Minnesota, to-wit: That part of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 113, Range 19, Dakota County, Minnesota, lying Northerly of a line described as follows: Commencing at the Southeast corner of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 13; thence North 89 degrees, 46 minutes, 44 seconds West, assumed bearing, on the South line of said East 1/2 of the Southeast 1/4 of the Southwest 1/4 a distance of 112.50 feet; thence North 00 degrees, 15 minutes, 23 seconds East parallel with the East line of said East 1/2 of the Southeast 1/4 of the Southwest 1/4, a distance of 573.64 feet; thence North 89 degrees 50 minutes, 03 seconds West a distance of 264.28 feet; thence North 00 degrees, 15 minutes, 23 seconds East parallel with said East line of East 1/2 of the Southeast 1/4 of the Southwest 1/4 a distance of 150.00 feet; thence South 89 degrees, 50 minutes, 03 seconds East a distance of 376.78 feet to the East line of said East 1/2 of the Southeast 1/4 of the Southwest 1/4 and the actual point of beginning of the line to be described; thence North 89 degrees, 50 minutes, 03 seconds West a distance of 660.29 feet to the West line of said East 1/2 of the Southeast 1/4 of the Southwest 1/4 and there terminating.

PROPERTY ADDRESS: 2935 250Th Street East, Farmington, MN 55024

PROPERTY IDENTIFICATION NUMBER: 07.01300.58.020 & 07.01300.58.030

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $411,724.23

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: January 8, 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 July 8, 2013.

Dated: November 6, 2012

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC. ALTERNATIVE LOAN TRUST 2005-24, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-24

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.

11-072970

11/15-12/20

Tags: public notices, foreclosures