Rodney L. Howard and Barbara K. Howard, foreclosure

Published 10:05am Tuesday, October 9, 2012

(First Publication October 2, 2012)

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:
August 26, 2005

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $139,500.00

MORTGAGOR(S):  Rodney L. Howard and Barbara K. Howard, husband and wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc., a Delaware corporation as nominee for Oak Street Mortgage LLC, a Delaware limited liability company

DATE AND PLACE OF FILING: Filed September 15, 2005, Otter Tail County Recorder; Document No. 984022

ASSIGNMENTS OF MORTGAGE: Assigned to: HSBC Mortgage Services, Inc. by written assignment recorded on March 14, 2012 as Document Number 1105749, in the Office of the County Recorder of Otter Tail County, Minnesota.

LEGAL DESCRIPTION OF PROPERTY:
That part of Government Lot 4, Section 34, Township 132, Range 41, described as follows; Commencing at the Southeast corner of Government Lot 5 of Said Section 33, Township 132, Range 41, thence on am assumed bearing of North on the Easterly line thereof for a distance of 116.21 feet to the point of beginning of the tract to be described; thence continuing on a bearing of North on the Easterly line of said Government Lot 5, also being the Westerly line of said Government Lot 4, for a distance of 179.14 feet; thence North 81degrees 52 minutes 58 seconds East 244.83 feet; thence South 35 degrees 33 minutes 50 seconds West 131.69 feet; thence South 10 degrees 09 minutes 50 seconds West 56.2 feet; thence South 71 degrees 59 minutes 17 seconds West 164.33 feet to the point of beginning; Subject to existing driveway for ingress and egress purposes to properties lying Northerly and Easterly of the above described tract and subject to any existing utility permits. Otter Tail County, Minnesota

STREET ADDRESS OF PROPERTY:
16230 GOLF COURSE ROAD, DALTON, MN 56324

COUNTY IN WHICH PROPERTY IS LOCATED: Otter Tail County, Minnesota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $151,437.66

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 statutes;

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: November 29, 2012 at 10:00 a.m.

PLACE OF SALE:  Otter Tail County Sheriff’s office, County Courthouse, 121 West Junius Avenue, Fergus Falls, Minnesota

to pay the debt then 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 six (6) months from the date of sale.

Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on May 29, 2013.

MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: NONE

“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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.”

Dated:
September 26, 2012

HSBC MORTGAGE SERVICES, INC.
Mortgagee

REITER & SCHILLER, P.A.
Rebecca F. Schiller, Esq.
Sarah J.B. Adam, Esq.
N. Kibongni Fondungallah, Esq.
James J. Pauly, Esq.
Steven R. Pennock, Esq.
Attorneys for Mortgagee
25 North Dale Street
St. Paul, MN  55102-2227
(651) 209-9760
(G2334)

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

NOTICE OF MORTGAGE FORECLOSURE SALE
FORECLOSURE DATA
Minn. Stat. § 580.025
(1)  Street Address, City and Zip Code of Mortgaged Premises
16230 GOLF COURSE ROAD, DALTON, MN 56324
(2)  Transaction Agent
Mortgage Electronic Registration Systems, Inc., a Delaware corporation as nominee for Oak Street Mortgage LLC, a Delaware limited liability company
(3)   Name of Mortgage Originator (Lender)
Mortgage Electronic Registration Systems, Inc., a Delaware corporation as nominee for Oak Street Mortgage LLC, a Delaware limited liability company
(4) Residential Servicer    HSBC-800-365-6730
(5)  Tax Parcel Identification Number
58000-340-247011
(6)  Transaction Agent’s Mortgage ID Number (MERS number)    100331700901728355

Publication Dates: October 2, 9, 16, 23, 30, November 6, 2012,

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