TCF National Bank, vs YangNOTICE OF MORTGAGE FORECLOSURE SALE
NOTICE OF MORTGAGE FORECLOSURE SALE
THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTIFICATION OF THE ORIGINAL CREDITOR WITHIN THE TIME PERIOD PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.
NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the mortgage dated February 19, 2005, executed by Ka Houa Yang and Chong Xiong, married as husband and wife, as mortgagors, to TCF National Bank, a national banking association, as mortgagee, recorded in the office of the County Recorder of Dakota County, Minnesota, on March 8, 2005, as Document No. 2302625, which mortgage conveyed and mortgaged the following described property, situated in the County of Dakota and State of Minnesota, which property has a street address of 902 Livingston Avenue, West St. Paul, Minnesota 55118, and tax identification number 424810001203:
The North 40 feet of Lot 18 and all of Lot 19, except the East 50 feet of said Lots 18 and 19, Block 1, and that part of the South 5 feet of Lot 20, Block 1, which is described as follows:
Commencing at the Southeast corner of said Lot 20; thence West along the South line thereof 50.00 feet to the point of beginning of the tract to be described; thence North parallel with the East line of said Lot 20 a distance of 4.00 feet; thence Westerly to a point on the West line of said Lot 20 distant 2.00 feet North of the Southwest corner of said Lot 20; thence South along said West Lot line a distance of 2.00 feet to the Southwest corner of said Lot 20; thence East along said South Lot line to the point of beginning, all in B. Michel’s Addition to West St. Paul, according to the recorded plat thereof, and situate in Dakota County, Minnesota
That the original principal amount secured by said mortgage was $172,000.00; that there has been compliance with any condition precedent to acceleration of the debt secured by said mortgage and foreclosure of said mortgage required by said mortgage, any note secured thereby, or any statute; that no action or proceeding has been instituted at law to recover the debt remaining secured by said mortgage, or any part thereof; that there is claimed to be due upon said mortgage and is due thereon at the date of this notice, the sum of $175,257.19 in principal and interest.
That by virtue of the power of sale contained in said mortgage, the said mortgage will be foreclosed by the sale of the above described premises with appurtenances, which said sale will be made by the Sheriff of Dakota County, Minnesota, at the Sheriff's office in the Law Enforcement Center, 1580 Highway 55, Hastings, Minnesota, on January 22, 2013, at 10:00 o'clock a.m., at public auction to the highest bidder, to pay the amount then due on said mortgage, together with the costs of foreclosure, including attorneys' fees as allowed by law, in accordance with the provisions of said mortgage. The time allowed by law for redemption by the mortgagors, their personal representatives or assigns, is six (6) months from the date of said sale.
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.
If the mortgage is not reinstated under Minn. Stat. §580.30 or redeemed under Minn. Stat. §580.23, the mortgagor must vacate the mortgaged property by 11:59 p.m. on July 22, 2013, unless the foreclosure is postponed pursuant to Minn. Stat. §580.07, or the redemption period is reduced to five (5) weeks under Minn. Stat. §582.032.
THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED:December 6, 2012
TCF National Bank
FOLEY & MANSFIELD, P.L.L.P.
By: Karl K. Heinzerling
Atty. No. 142475
Attorneys for Mortgagee
250 Marquette Avenue, Suite 1200
Minneapolis, Minnesota 55401