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DISTRICT COURT, MESA COUNTY, COLORADO
Court Address: 125 North Spruce, Grand Junction, CO 81501
DATE FILED: March 26, 2024 8:11 AM
IN THE MATTER OF THE APPLICATION OF NEWREZ LLC
FILING ID: 536494B3E7559
D/B/A SHELLPOINT MORTGAGE SERVICING, FOR AN CASE NUMBER: 2024CV30118
ORDER AUTHORIZING THE PUBLIC TRUSTEE FOR MESA
COUNTY, STATE OF COLORADO, TO SELL CERTAIN REAL ▲ COURT USE ONLY ▲
ESTATE CONTAINED IN A DEED OF TRUST.
Attorney or Party Without Attorney: Case Number:
Name:
Ryan Bourgeois, Esq. Reg. No. 51088
Randall M. Chin, Esq. Reg. No. 31149
David W. Drake, Esq. Reg. No. 43315
Carly Imbrogno, Esq. Reg. No. 59553 Div.: Ctrm:
BARRETT FRAPPIER & WEISSERMAN LLP
Address: 1391 Speer Boulevard, Suite 700, Denver, Colorado
80204
Phone Number: (303) 350-3711
Fax Number: (303) 813-1107
E-mail: HAD@bdfgroup.com
NOTICE OF RESPONSE DEADLINE April 24, 2024
TO: THE PEOPLE OF THE STATE OF COLORADO, TO THE GRANTOR(S) IN THE DEED OF
TRUST DESCRIBED HEREIN, AND TO THOSE PERSONS WHO APPEAR TO HAVE
ACQUIRED A RECORD INTEREST IN THE REAL ESTATE THEREIN DESCRIBED,
SUBSEQUENT TO THE RECORDING OF SUCH DEED OF TRUST, AND THOSE PERSONS
WHOSE INTEREST IN THE REAL PROPERTY MAY BE AFFECTED, GREETINGS:
WHEREAS, BEVERLY G PACE, Grantor (s) by a Deed of Trust dated January 24, 2013,
recorded on January 29, 2013, in Book 5424, at Page 192 at Reception No. 2642468, in the records of the
County of MESA, Colorado, to secure to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC. ACTING SOLELY AS NOMINEE FOR BANK OF AMERICA, N.A., the payment of an Evidence
of Debt of even date therewith for the principal sum of $76,350.00, as provided in said Deed of Trust,
conveyed to the MESA County Public Trustee, on the terms set forth in said Evidence of Debt and Deed of
Trust, the following described real property (“Property”) situate in said County to-wit:
LOTS 10 AND 11 IN BLOCK 54 OF CITY OF GRAND JUNCTION, COUNTY OF MESA, STATE OF
COLORADO.
WHICH HAS THE ADDRESS OF: 241 GUNNISON AVENUE, GRAND JUNCTION, CO 81501
NOTICE is hereby given that NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING,
Petitioner herein, has filed its Motion with this Court seeking an Order of this Court authorizing a Public
Trustee's sale under the power of sale contained in said Deed of Trust on the grounds that the indebtedness
secured by said Deed of Trust is in default in that among other events of default the current Mortgagor has
failed to pay monthly installments of principal and/or interest, together with applicable late charges as
provided in the subject Deed of Trust and Evidence of Debt.
CO - 120 Docs - 00000010054906
NOTICE is also given that any interested party who: 1) disputes the existence of such default under
the terms of said Deed of Trust and Evidence of Debt secured thereby, or 2) who disputes the existence of
circumstances authorizing the exercise of the power of sale contained in said Deed of Trust, or who desires
to raise such other grounds for the objection to the issuance of an Order Authorizing Sale which may exist
pursuant to the Servicemembers Civil Relief Act, as amended, or 3) who disputes the real party in interest,
or 4) otherwise diputes whether any request for loan modification bars a foreclosure sale as a matter of law,
may file a response to Petitioner's Motion for Order Authorizing Sale. The response must describe the facts
the respondent relies on in objecting to the issuance of an Order Authorizing Sale, and may include copies
of documents which support the respondent’s position. Said response must be in writing and filed with the
Clerk of the District Court in and for the County of MESA, State of Colorado, at the address set forth on
the next page, and shall be served upon the Petitioner pursuant to Rule 5(b) of the Colorado Rules of Civil
Procedure at the office of Barrett Frappier & Weisserman, LLP, 1391 Speer Boulevard, Suite 700, Denver,
Colorado 80204, telephone (303) 350-3711 by the response deadline. Response must also include contact
information for the respondent including name, mailing address, telephone number and if appicable, an
email address.
If this case is not filed in the County where your property or a substantial part of your
property is located, you have the right to ask the Court to move the case to that county. If you file a
response and the court sets a hearing date, your request to move the case must be filed with the court
at least seven (7) days before the date of the hearing unless the request was included in your response.
CO - 120 Docs - 00000010054906
Be advised that the Clerk of this Court has set the response deadline set forth below when and
where any interested person may file a response if they so desire, with or without an attorney.
Response Deadline: April 24, 2024
Court Address: District Court of MESA, County
125 North Spruce, Grand Junction, CO 81501
THE DEADLINE TO FILE A RESPONSE IS APRIL 24, 2024. THERE MAY OR MAY NOT BE
A FILING FEE SHOULD THE RESPONDENT FILE AN ANSWER. IF NO RESPONSE IS FILED,
THE COURT MAY WITHOUT ANY HEARING AUTHORIZE THE FORECLOSURE AND
PUBLIC TRUSTEE'S SALE WITHOUT FURTHER NOTICE.
BARRETT FRAPPIER & WEISSERMAN, LLP
Attorney for Applicant
By: /s/ Carly Imbrogno DATED: March 25, 2024.
☐ Ryan Bourgeois, Esq. Reg. No. 51088 ☐ Randall M. Chin, Esq. Reg. No. 31149
☐ David W. Drake, Esq. Reg. No. 43315 X Carly Imbrogno, Esq. Reg. No. 59553
Attorney for Petitioner’s Address: Petitioner’s Address:
c/o Barrett Frappier & Weisserman, LLP c/o NEWREZ LLC d/b/a SHELLPOINT
1391 Speer Boulevard, Suite 700 MORTGAGE SERVICING
Denver, Colorado 80204 75 BEATTIE PLACE
SUITE 300
GREENVILLE, SC 29601
IMPORTANT NOTICE
THE NOTICE AND MOTION IN THIS MATTER ARE BEING FILED SIMULTANEOUSLY
WITH THE MAILING OF THIS NOTICE. YOU MAY OBTAIN THE COURT'S CASE/CIVIL
ACTION NUMBER BY CONTACTING THE COURT OR OUR OFFICE.
This is an attempt to collect a debt. Any information obtained may be used for that purpose. If you
received a bankruptcy discharge which included this debt, this notice is not intended and does not
constitute an attempt to collect a debt against you personally; applicable law requires we provide you
this notice and the disclosures herein. Furthermore, our client has rights to realize on the collateral
securing the loan despite a discharge in bankruptcy.
IF YOU BELIEVE THAT THE LENDER OR SERVICER OF THIS MORTGAGE HAS
VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-
103.1, COLORADO REVISED STATUTES, OR THE PROHIBITION ON DUAL TRACKING IN
SECTION 38-38-103.2, COLORADO REVISED STATUES, YOU MAY FILE A COMPLAINT
WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL
PROTECTION BUREAU, OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE
FORECLOSURE PROCESS.
Colorado Attorney General Federal Consumer Financial Protection Bureau
1300 Broadway, 10th Floor P.O. Box 4503
Denver, Colorado 80203 Iowa City, Iowa 52244
(800) 222-4444 (855) 411-2372
www.coloradoattorneygeneral.gov www.consumerfinance.gov
CO - 120 Docs - 00000010054906
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DISTRICT COURT, MESA COUNTY, COLORADO Court Address: 125 North Spruce, Grand Junction, CO 81501 DATE FILED: March 26, 2024 8:11 AM IN THE MATTER OF THE APPLICATION OF NEWREZ LLC FILING ID: 536494B3E7559 D/B/A SHELLPOINT MORTGAGE SERVICING, FOR AN CASE NUMBER: 2024CV30118 ORDER AUTHORIZING THE PUBLIC TRUSTEE FOR MESA COUNTY, STATE OF COLORADO, TO SELL CERTAIN REAL ▲ COURT USE ONLY ▲ ESTATE CONTAINED IN A DEED OF TRUST. Attorney or Party Without Attorney: Case Number: Name: Ryan Bourgeois, Esq. Reg. No. 51088 Randall M. Chin, Esq. Reg. No. 31149 David W. Drake, Esq. Reg. No. 43315 Carly Imbrogno, Esq. Reg. No. 59553 Div.: Ctrm: BARRETT FRAPPIER & WEISSERMAN LLP Address: 1391 Speer Boulevard, Suite 700, Denver, Colorado 80204 Phone Number: (303) 350-3711 Fax Number: (303) 813-1107 E-mail: HAD@bdfgroup.com NOTICE OF RESPONSE DEADLINE April 24, 2024 TO: THE PEOPLE OF THE STATE OF COLORADO, TO THE GRANTOR(S) IN THE DEED OF TRUST DESCRIBED HEREIN, AND TO THOSE PERSONS WHO APPEAR TO HAVE ACQUIRED A RECORD INTEREST IN THE REAL ESTATE THEREIN DESCRIBED, SUBSEQUENT TO THE RECORDING OF SUCH DEED OF TRUST, AND THOSE PERSONS WHOSE INTEREST IN THE REAL PROPERTY MAY BE AFFECTED, GREETINGS: WHEREAS, BEVERLY G PACE, Grantor (s) by a Deed of Trust dated January 24, 2013, recorded on January 29, 2013, in Book 5424, at Page 192 at Reception No. 2642468, in the records of the County of MESA, Colorado, to secure to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE FOR BANK OF AMERICA, N.A., the payment of an Evidence of Debt of even date therewith for the principal sum of $76,350.00, as provided in said Deed of Trust, conveyed to the MESA County Public Trustee, on the terms set forth in said Evidence of Debt and Deed of Trust, the following described real property (“Property”) situate in said County to-wit: LOTS 10 AND 11 IN BLOCK 54 OF CITY OF GRAND JUNCTION, COUNTY OF MESA, STATE OF COLORADO. WHICH HAS THE ADDRESS OF: 241 GUNNISON AVENUE, GRAND JUNCTION, CO 81501 NOTICE is hereby given that NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Petitioner herein, has filed its Motion with this Court seeking an Order of this Court authorizing a Public Trustee's sale under the power of sale contained in said Deed of Trust on the grounds that the indebtedness secured by said Deed of Trust is in default in that among other events of default the current Mortgagor has failed to pay monthly installments of principal and/or interest, together with applicable late charges as provided in the subject Deed of Trust and Evidence of Debt. CO - 120 Docs - 00000010054906 NOTICE is also given that any interested party who: 1) disputes the existence of such default under the terms of said Deed of Trust and Evidence of Debt secured thereby, or 2) who disputes the existence of circumstances authorizing the exercise of the power of sale contained in said Deed of Trust, or who desires to raise such other grounds for the objection to the issuance of an Order Authorizing Sale which may exist pursuant to the Servicemembers Civil Relief Act, as amended, or 3) who disputes the real party in interest, or 4) otherwise diputes whether any request for loan modification bars a foreclosure sale as a matter of law, may file a response to Petitioner's Motion for Order Authorizing Sale. The response must describe the facts the respondent relies on in objecting to the issuance of an Order Authorizing Sale, and may include copies of documents which support the respondent’s position. Said response must be in writing and filed with the Clerk of the District Court in and for the County of MESA, State of Colorado, at the address set forth on the next page, and shall be served upon the Petitioner pursuant to Rule 5(b) of the Colorado Rules of Civil Procedure at the office of Barrett Frappier & Weisserman, LLP, 1391 Speer Boulevard, Suite 700, Denver, Colorado 80204, telephone (303) 350-3711 by the response deadline. Response must also include contact information for the respondent including name, mailing address, telephone number and if appicable, an email address. If this case is not filed in the County where your property or a substantial part of your property is located, you have the right to ask the Court to move the case to that county. If you file a response and the court sets a hearing date, your request to move the case must be filed with the court at least seven (7) days before the date of the hearing unless the request was included in your response. CO - 120 Docs - 00000010054906 Be advised that the Clerk of this Court has set the response deadline set forth below when and where any interested person may file a response if they so desire, with or without an attorney. Response Deadline: April 24, 2024 Court Address: District Court of MESA, County 125 North Spruce, Grand Junction, CO 81501 THE DEADLINE TO FILE A RESPONSE IS APRIL 24, 2024. THERE MAY OR MAY NOT BE A FILING FEE SHOULD THE RESPONDENT FILE AN ANSWER. IF NO RESPONSE IS FILED, THE COURT MAY WITHOUT ANY HEARING AUTHORIZE THE FORECLOSURE AND PUBLIC TRUSTEE'S SALE WITHOUT FURTHER NOTICE. BARRETT FRAPPIER & WEISSERMAN, LLP Attorney for Applicant By: /s/ Carly Imbrogno DATED: March 25, 2024. ☐ Ryan Bourgeois, Esq. Reg. No. 51088 ☐ Randall M. Chin, Esq. Reg. No. 31149 ☐ David W. Drake, Esq. Reg. No. 43315 X Carly Imbrogno, Esq. Reg. No. 59553 Attorney for Petitioner’s Address: Petitioner’s Address: c/o Barrett Frappier & Weisserman, LLP c/o NEWREZ LLC d/b/a SHELLPOINT 1391 Speer Boulevard, Suite 700 MORTGAGE SERVICING Denver, Colorado 80204 75 BEATTIE PLACE SUITE 300 GREENVILLE, SC 29601 IMPORTANT NOTICE THE NOTICE AND MOTION IN THIS MATTER ARE BEING FILED SIMULTANEOUSLY WITH THE MAILING OF THIS NOTICE. YOU MAY OBTAIN THE COURT'S CASE/CIVIL ACTION NUMBER BY CONTACTING THE COURT OR OUR OFFICE. This is an attempt to collect a debt. Any information obtained may be used for that purpose. If you received a bankruptcy discharge which included this debt, this notice is not intended and does not constitute an attempt to collect a debt against you personally; applicable law requires we provide you this notice and the disclosures herein. Furthermore, our client has rights to realize on the collateral securing the loan despite a discharge in bankruptcy. IF YOU BELIEVE THAT THE LENDER OR SERVICER OF THIS MORTGAGE HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38- 103.1, COLORADO REVISED STATUTES, OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, COLORADO REVISED STATUES, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU, OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS. Colorado Attorney General Federal Consumer Financial Protection Bureau 1300 Broadway, 10th Floor P.O. Box 4503 Denver, Colorado 80203 Iowa City, Iowa 52244 (800) 222-4444 (855) 411-2372 www.coloradoattorneygeneral.gov www.consumerfinance.gov CO - 120 Docs - 00000010054906