NOTICE BEFORE FORECLOSURE
Kathleen PeltonTiffany Berry
3362 105th Ave SW3044 South Spruce Way
Dickinson, ND 58601Denver, CO 80231
Anakalia B. PeltonBettina M. Pelton
11801 Zea St. NW #204537 Alderson Ave
Coon Rapids, MN 55433Billings, MT 59101
Javan M. PeltonMicah F. Pelton
57 Garrison Drive3362 105th Ave SW
Scituate, MA 02066Dickinson, ND 58601
Samuel J. Pelton
10420 320th Ave NE
Carnation, WA 98014
the title owners of the following described real property:
A tract of land lying in the NE 1/4 SW 1/4 of Section 22, Township 140 North, Range 95 West of the 5th Principal Meridian, Stark County, North Dakota, more particularly described as follows; Commencing at the Northwest corner of said Section 22; thence on an assumed bearing of South, along the West line of said Section a distance of 3295.0 feet, thence on a bearing of East a distance of 1600.00 feet to the point of beginning; thence on a bearing of North a distance of 500.0 feet; thence on a bearing of East a distance of 500.0 feet; thence on a bearing of South a distance of 500.0 feet; thence on a bearing West a distance of 500.0 feet to the point of beginning. Together with the right of ingress and egress on that roadway described in Warranty Deed date July 11, 1936 and recorded in Book 53 of Deeds at a page 523.
2.Notice is hereby given that certain mortgage upon the above-described property, Lowell Pelton and Kathleen Pelton, mortgagor/s, executed and delivered to Wells Fargo Bank, NA, Mortgagee, dated February 27, 2009, and filed for record in the office of the Recorder of the County of Stark and State of North Dakota, April 24, 2009 as Document 3062494 as. The mortgage has been or will be assigned to the Plaintiff prior to the commencement of a foreclosure action. Said mortgage was given to secure the payment of $140,641.00, and interest according to the conditions of a certain promissory note, is in default.
3.Pursuant to the provisions of the Federal Fair Debt Collection Practices Act, you are advised that unless you dispute the validity of the foregoing debt or any portion thereof within thirty days after receipt of this letter, we will assume the debt to be valid. On the other hand, if the debt or any portion thereof is disputed, we will obtain verification of the debt and will mail you a copy of such verification. You are also advised that upon your request within the thirty day period, we will provide you with the name and address of your original creditor, if different from the creditor referred to in this Notice. We are attempting to collect a debt and any information obtained will be used for that purpose.
4.At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact our office, our client may consider additional remedies to recover the balance due.
5.SPECIALIZED LOAN SERVICING may have previously sent you a letter advising you of possible alternatives to foreclosure, along with the documents for you to complete and return to SPECIALIZED LOAN SERVICING to be evaluated for these alternatives. If you did not receive or no longer have the documents, or have not returned all of the documents, please contact SPECIALIZED LOAN SERVICING at: 720-241-7353. Even if you have previously indicated that you are not interested in saving your home you can still be evaluated for alternatives to foreclosure.
6.The following is a statement of the sum due for principal, interest, taxes, insurance, maintenance, etc., as of October 12th, 2018:
Unpaid Principal Balance$125,360.96
Unpaid Accrued Interest10/12/2018$19,168.60
7.That as of October 12th, 2018 the amount due to cure any default, or to be due under the terms of the mortgage, exists in the following respects:
Payments Due 33 months at $798.54$26,351.82
Escrow 32 months at $606.64$19,412.48
Escrow1 month at $606.91$606.91
all of which must be paid BY CERTIFIED FUNDS, MADE PAYABLE TO SPECIALIZED LOAN SERVICING and mailed to the undersigned attorney to cure the default, plus any accrued interest, subsequent payments or late charges which become due and any further expenses for preservation of the property which may be advanced. PLEASE CONTACT THE UNDERSIGNED FOR THE EXACT AMOUNT DUE THROUGH A CERTAIN DATE.
8.You have the right, in accordance with the terms of the mortgage, to cure the default specified above. You also have the right to assert in the foreclosure action that no default exists or any other defense you may have to said action.
9.Notice is further given that if the total sums in default, together with interest accrued thereon at the time of such payment, accrued payments then due and expenses advanced, are not paid within thirty (30) days from the date of mailing or service of this Notice, the Mortgagee will deem the whole sum secured by the mortgage to be due and payable in full without further notice. Furthermore, proceedings will be commenced to foreclose such mortgage, and in the event of Sheriff's sale as provided by the laws of the State of North Dakota, the time for redemption shall be as provided by law, but not less than sixty (60) days after the Sheriff's Sale.
Dated October 11, 2018
MACKOFF KELLOGG LAW FIRM
Attorneys for the Plaintiff
Office and Post Office Address:
38 Second Avenue East
Dickinson, North Dakota 58601
Tel: (701) 227-1841
Fax: (701) 225-6878
By: /s/ David C. Piper
David C. Piper, Attorney
ND Bar #06723
If you have previously received a discharge in a Chapter 7 bankruptcy, this is not an attempt to collect a debt against you personally, but only an attempt to determine your intention concerning retaining this property.
(Published February 12, 19 & 26, 2019)