DISTRICT COURT SUMMIT COUNTY, STATE OF81632 | 10/16/2020 | Ad id: 8-0000622016-01
SUMMIT COUNTY, STATE OF COLORADO
501 N. Park Ave.
P.O. Box 269 Breckenridge, CO 80424
Case Number: 2020 CV 030028
Plaintiff: Marriott Ownership Resorts , In c., a Delaware corporation
Defendants: Rafael Avila Vivas , et al.,
SHERIFF'S COMBINED NOTICE OF SALE AND RIGHT TO CURE and/or REDEEM
SALE NO. 2020 C 0375
Under the Judgment and Decree entered against defendant Estate of Robert E. Whissen on July 29, 2020, in the above-entitled action, I am ordered to sell the following property:
Resort Interest No . 33, Condominium Unit No. 7113, Designated Unit Type Studio, Designated Season Gold, MOUNTAfN VALLEY LODGE (formerly Hotel Brec ke nridge , a Condominium Hote l) , according to the Map filed June 30, 199 2, at Reception No. 4241 04, and according to the Condominium Declaration For Hotel Brec ke nr idge , a Condominium Hote l, recorded June 30, 1992 at Reception No . 4241 05, First Supplemental Declaration of Condominium and Timeshare Ownership for Mountain Valley Lodge recorded September 20, 1994 at Reception No. 476347 and amendments thereto recorded April 27, 199 5, at Reception No. 4901 52, September 5, 199 5, at
Reception No. 498382 and December 5, 1995 at Reception No. 504604.
The Judgment and Decree directs me to foreclose on the following lien: Notice of Assessment Lien recorded on May 7, 2019, at Reception No. 1197105 of the records of the Clerk and Recorder in Summit County, Colorado, and to apply the proceeds as directed in the Judgment and Decree.
The Plaintiff named above is the judgment creditor in this action and the current 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 as of July 29, 2020, is detailed below:
$4,626.54 representing: $3,588.74 for delinquent condominium assessments, $418.80 in costs, and
$619.00 for attorneys' fees, plus interest to be accrued on the judgment at the rate of 18% per annum.
If you are the owner of the real property, or if you are a person who might be liable on the indebtedness secured by the assessment lien , you may have certain statutory rights to cure. Such rights are provided to you under Colo. Rev. Stat. §38-37-108, §38-38-103 and §38-38-104, and Colo. Rev. Stat. §38-38-301 , §38-38-304, §38-38-305 and §38-38-306.
A notice of intent to cure filed pursuant to Colo. Rev. Stat. §38-38-104 shall be filed with the Sheriff 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 §38-38-302 shall be filed with the Sheriff no later than eight business days after the sale.
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 office of the Sheriff for Summit County, 501 N. Park Avenue , Breckenr idge, Colorado 80424.
If the borrower believes that a lender 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 , 1 0th Floor Denver, Colorado 80203 (800) 222-4444
Federal Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, Iowa 52244 (855) 411-2372
I shall offer for public sale to the highest bidder , for cash, at public auction , all the right , title and interest of the defendant in said property on December 4th , 2020, at 10:00 a.m. at the Office of the Summit County Sheriff, 501 N. Park Avenue , Breckenridge, Colorado 80424.
NOTICE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.
DATED this 14th day of September, 2020.
Sheriff of Summit County, Colorado
By: Records/ CIVIL Clerk
Larsen Lynch May LLC Diane R. Larsen #11349
175 Main Street; Unit C-104 Edwards , CO 81632
Email: d la rsen@larsenlynch .com ATTORNEY FOR PLAINTIFF
Published in the Summit County Journal
First Publication: October 16th, 2020.
Last Publication: November 13th , 2020.