District Court, Grand County, Colorado 3

80033 | 08/13/2020 | Ad id: 8-0000608320-01
Details

District Court, Grand County, Colorado
307 Moffat Avenue
P.O. Box 192
Hot Sulphur Springs, CO 80451
Plaintiff: FOREST MEADOWS SOLAR COMMUNITY ASSOCIATION, a Colorado nonprofit corporation
v.
Defendants: PHILLIP ANDREW LEMASTER, a/k/a PHILLIP A. LEMASTER, CAPITAL ONE HOME LOANS, LLC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., GREEN TREE SERVICING, LLC, JEFFERSON CAPITAL SYSTEMS LLC, CAPITAL ONE BANK USA NA, MARSHALL RECOVERY LLC, FIA CARD SERVICES NA, CITIBANK SOUTH DAKOTA NA, DISCOVER BANK, and CHRISTINA WHITMER as PUBLIC TRUSTEE OF GRAND COUNTY, COLORADO
Case No.: 2019CV030042 Div.: 1 Ctrm.:
Attorney for Plaintiff:
Name: Madeline Lia Duncan
Madeline Lia Duncan, P.C.
Address: 7100 W. 44th Ave., Suite 106
Wheat Ridge, CO 80033
Phone Number: 303-431-2377
FAX Number: 303-431-2427
E-Mail: Email Me
Attorney Reg. # 11309 SECOND AMENDED SHERIFF'S COMBINED NOTICE OF SALE
AND NOTICE OF RIGHTS TO CURE OR REDEEM
SALE NO. CV-5-2020

TO WHOM IT MAY CONCERN:
Under the ORDER GRANTING THE PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND ORDER AND DECREE OF JUDICIAL FORECLOSURE AGAINST DEFENDANTS PHILLIP ANDREW LEMASTER, a/k/a PHILLIP A. LEMASTER, JEFFERSON CAPITAL SYSTEMS LLC, CAPITAL ONE BANK USA NA, MARSHALL RECOVERY LLC, FIA CARD SERVICES NA, CITIBANK SOUTH DAKOTA NA, AND DISCOVER BANK entered April 19, 2020 in the above-entitled action, I am ordered to sell the following property (the "subject property"):
Legal Description: CONDOMINIUM UNIT 6, BUILDING D, THE DIVIDE AT FOREST MEADOWS, BUILDINGS D, E, AND F, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD OCTOBER 5, 1983, AT RECEPTION NO. 208433 AND ACCORDING TO THE CONDOMINIUM DECLARATION FOR THE DIVIDE AT FOREST MEADOWS, RECORDED APRIL 5, 1983, IN BOOK 326 AT PAGE 304, AND AMENDED OCTOBER 1, 1986, IN BOOK 404 AT PAGE 517, COUNTY OF GRAND, STATE OF COLORADO.
a/k/a
Legal Description: CONDOMINIUM UNIT 6, BUILDING D, THE DIVIDE AT FOREST MEADOWS, ACCORDING TO THE CONDOMINIUM MAP RECORDED OCTOBER 5, 1983 UNDER RECEPTION NO. 208433 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 5, 1983, IN BOOK 326 AT PAGE 304, COUNTY OF GRAND, STATE OF COLORADO.
a/k/a
Legal Description: Condominium Unit No. 6, Building No. D, THE DIVIDE AT FOREST MEADOWS, as shown on the Condominium Maps for The Divide at Forest Meadows filed April 5, 1983, under Reception No. 202512 and October 5, 1983, under Reception No. 208433 and subject to the Condominium Declaration for The Divide at Forest Meadows recorded April 5, 1983, in Book 326 at Page 304, as amended by instrument recorded October 5, 1983, in Book 337 at Page 122 and any and all supplements or amendments to the Condominium Declaration and Maps as are or may be subsequently recorded.
County of Grand,
State of Colorado.
Street Address: 95 Doc Susie Ave., Unit #D-6, Fraser, CO 80442
The ORDER GRANTING THE PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND ORDER AND DECREE OF JUDICIAL FORECLOSURE AGAINST DEFENDANTS PHILLIP ANDREW LEMASTER, a/k/a PHILLIP A. LEMASTER, JEFFERSON CAPITAL SYSTEMS LLC, CAPITAL ONE BANK USA NA, MARSHALL RECOVERY LLC, FIA CARD SERVICES NA, CITIBANK SOUTH DAKOTA NA, AND DISCOVER BANK directs me to foreclose on the following lien: Statement of Lien recorded against the subject property on February 15, 2019 at Reception No. 20190001502 in the Office of the Clerk and Recorder of Grand County, State of Colorado and to apply the proceeds as directed in the ORDER GRANTING THE PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND ORDER AND DECREE OF JUDICIAL FORECLOSURE AGAINST DEFENDANTS PHILLIP ANDREW LEMASTER, a/k/a PHILLIP A. LEMASTER, JEFFERSON CAPITAL SYSTEMS LLC, CAPITAL ONE BANK USA NA, MARSHALL RECOVERY LLC, FIA CARD SERVICES NA, CITIBANK SOUTH DAKOTA NA, AND DISCOVER BANK.
NOTICE: THE LIEN BEING FORECLOSED UPON MAY NOT BE A FIRST LIEN.
NOTICE: THE PROPERTY BEING DESCRIBED HEREIN IS ALL OF THE PROPERTY ENCUMBERED BY THE STATEMENT OF LIEN (ASSESSMENT LIEN).
The original grantor of the Statement of Lien (Assessment Lien) which is being foreclosed upon is Phillip Andrew Lemaster, a/k/a Phillip A. Lemaster. The original grantee of the Statement of Lien (Assessment Lien) and the holder/owner of the evidence of debt is Forest Meadows Solar Community Association, a Colorado nonprofit corporation. The violation of the covenant of the evidence of debt being foreclosed upon which the foreclosure is based is the failure to pay assessments and other fees/charges due and owing to the holder of the evidence of debt.
The Plaintiff named above is the judgment creditor in this action and the current holder/owner of the evidence of debt (the judgment entered herein) secured by the property being sold. The outstanding balance due and owing on such judgment is detailed below:
Assessments, Finance Charges/
Administrative Charges/
Additional Charge: $ 10,261.60 (through 02/05/20)
Attorney's Fees/Misc. Costs: $ 7,145.93 (through 01/31/20)
Court Costs: $ 1,385.27
TOTAL: $ 18,792.80
The name, address, and telephone number of the attorney representing the Plaintiff
(judgment creditor) is as follows:
Madeline Lia Duncan, Reg. No. 11309
Madeline Lia Duncan, P.C.
7100 W. 44th Ave., Suite 106
Wheat Ridge, CO 80033
(303) 431-2377 NOTICE OF SALE

THEREFORE, Notice is hereby given that on October 8, 2020, at 10:00 o'clock a.m. at the Grand County Sheriff Office - Civil Division, 670 Spring St., Hot Sulphur Springs, CO 80451, I will sell at public auction to the highest and best bidder for cash, the said real property and all interest of Phillip Andrew Lemaster, a/k/a Phillip A. Lemaster, for the purpose of paying the amount of the judgment, together with subsequently accruing unpaid assessments from February 6, 2020 forward to the date of the Sheriff's sale, incurred attorney's fees from February 1, 2020 to the date of the Sheriff's sale, additional Court costs, and subsequently accruing interest at the rate of Twelve Percent (12%) on the total judgment to the date of the Sheriff's sale or until collected, plus the Sheriff's fees and costs, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
This sale will (see attached Electronic Sale Information Sheet) or will not be conducted by means of the internet or another electronic medium pursuant to C.R.S. §38-38-110(1). NOTICE OF RIGHTS

You may have an interest in the real property being foreclosed, or have certain rights or suffer certain liabilities pursuant to Colorado Statutes as a result of said foreclosure. You may have the right to redeem said real property, or you may have the right to cure a default under the Statement of Lien (Assessment Lien) being foreclosed. A copy of said statutes, as such statutes are presently constituted, which may affect your rights, is attached to all mailed copies of this Notice. However, your rights may be determined by previous statutes.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE OFFICER AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE OFFICER NO LATER THAN EIGHT BUSINESS DAYS AFTER THE SALE.
If applicable, the sale has been continued to:
In order to exercise these rights, you must comply with the provisions of the statutes. In the event of any conflict between this Notice and the statutes, the statutes are controlling. Therefore, you may wish to read the statutes and consult an attorney of your choice. Intent to cure or redeem as provided by the aforesaid laws must be directed to or conducted at the Grand County Sheriff Office - Civil Division, 670 Spring Street, Hot Sulphur Springs, CO 80451.
If the borrower believes that a lienor or servicer has violated the requirements for a single point of contact in section 38-38-103.1 or the prohibition on dual tracking in section 38-38-103.2, the borrower may file a complaint with the Colorado attorney general, the CFPB, or both, but the filing of a complaint will not stop the foreclosure process.
Colorado Attorney General
1300 Broadway, 10th Floor
Denver, CO 80203
720-508-6000
www.coag.gov/file-complaint
Consumer Financial Protection Bureau
https://www.consumerfinance.gov /complaint/
DATED this 5th day of August, 2020
Brett Schroetlin, Sheriff
County of Grand, State of Colorado
Published in the Middle Park Times
First Publication: August 13, 2020
Last Publication: September 10, 2020
0000608320