Cendant Mortgage D/B/A Burnet Home Loans vs Pearson

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 2, 2001

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $168,714.00

MORTGAGOR(S): Robert W. Pearson and Cheryl E. Pearson, husband and wife

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

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

SERVICER: PHH Mortgage Corporation

DATE AND PLACE OF FILING: Filed June 15, 2001, Dakota County Recorder, as Document Number 1783228, thereafter modified by a Loan Modification Agreement dated February 6, 2009 recorded May 5, 2009 as document number 2654583

ASSIGNMENTS OF MORTGAGE: Assigned to: Bishops Gate Residential Mortgage Trust; Dated: October 2, 2001 filed: November 14, 2001, recorded as document number 1829983; thereafter re-recorded on July 16, 2002 as document number 1916394; thereafter re-recorded on February 27, 2003 as document number 2006445; thereafter corrected by a Corrective Assignment of Mortgage to correct the Note/Mortgage date, dated April 10, 2003 recorded April 18, 2003 as document number 2032240; thereafter assigned to Cendant Mortgage Corporation dated October 2, 2001 recorded November 14, 2001 as document number 1829984; thereafter re-recorded on July 16, 2002 as document number 1916393; thereafter re-recorded on February 27, 2003 as document number 2006446; thereafter corrected by a Corrective Assignment of Mortgage to correct the Mortgage date, dated April 10, 2003 recorded April 18, 2003 as document number 2032241.

LEGAL DESCRIPTION OF PROPERTY:

The West 330 feet of the North 693 feet of the Northwest 1/4 of Section 35, Township 114, Range 19

PROPERTY ADDRESS: 1530 210Th St East, Farmington, MN 55024

PROPERTY IDENTIFICATION NUMBER: 12 03500 25 020

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $168,928.64

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: March 28, 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 September 30, 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: January 23, 2013

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.

11-077141

2/7-3/14

Tags: public notices, foreclosures