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DISTRICT COURT, KIT CARSON COUNTY, COLORADO
1650 DONELAN AVE., SUITE 301, BURLINGTON, CODATE FILED: January 17, 2023 3:29 PM
80807
FILING ID: 77711BF95FF18
In the Matter of the Motion of U.S. BANK TRUST NATIONALCASE NUMBER: 2023CV30000
ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT
SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION
TRUST for an Order Authorizing the Public Trustee of KIT ▲ Court Use Only ▲
CARSON County Colorado, to Sell Certain Property Under a Power
of Sale Contained in a Deed of Trust.
Attorneys: Case No:
Janeway Law Firm, P.C.
9800 S. Meridian Blvd., Suite 400
Englewood, CO 80112 Div:
Phone No: (855) 263-9295
Fax No: (303) 706-9994
Atty Reg#15592 Lynn M. Janeway (lynn@janewaylaw.com)
Atty Reg#40042 David R. Doughty (david@janewaylaw.com)
Atty Reg#34531 Alison L. Berry (alisonberry@janewaylaw.com)
Atty Reg#34861 N. April Winecki (nawinecki@janewaylaw.com)
NOTICE OF RESPONSE DEADLINE
TAKE NOTICE THAT YOU MAY BE AFFECTED BY THE FORECLOSURE OF A
DEED OF TRUST ON THE PROPERTY DESCRIBED BELOW:
U.S. BANK TRUST NATIONAL ASSOCIATION , NOT IN ITS INDIVIDUAL CAPACITY
BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST (“Moving Party”)
has filed a Motion with this Court, as the holder of an evidence of debt pursuant to C.R.S. 38-38-
100.3 (the “Evidence of Debt”), and deed of trust containing the power of sale in the original
amount of $142,000.00, executed by or on behalf of Grantor(s)/Borrower(s) JIM J KEMP dated
AUGUST 25, 2006 and recorded August 30, 2006 at reception number 200600545461 in the real
property records of KIT CARSON County, Colorado (the “Deed of Trust”).
The Motion claims that Moving Party is entitled to foreclose the lien of the Deed of Trust and to
have the property described therein sold by the Public Trustee pursuant to statute because the
covenants of the Deed of Trust have been violated and/or Grounds for Acceleration of the Debt
and invocation of the power of sale exist. The facts giving rise to the default include, but are not
expressly limited to, the following: Borrower’s failure to make monthly installment payments due
APRIL 1, 2020, and each month thereafter, as required under the Evidence of Debt and Deed of
Trust.
The Motion requests an order authorizing the Public Trustee to sell this property at foreclosure:
SEE ATTACHED LEGAL DESCRIPTION
Purported Address: 14210 CO RD 47, BURLINGTON, CO 80807
AMHJHJGKHMHJBLFPGIBPBK
Any interested person who disputes, on grounds within the scope of the hearing provided for in ALMCPKKBHBJOLEHEFHEHNK
AMOJPNODGIIJDOPJPEMGCK
AHIOLDBGOGGCAMBKFIDEDK
section (d), the Moving Party’s right to an order authorizing sale may file and serve a response
ANMPOIJFOPGHKABDONMOGK
DLLDLLDLLDLDDDDLLLLDDL
to the motion, as provided in section (c). The response must describe the facts the respondent
22-027659
relies on in objecting to the issuance of an order authorizing sale, and may include copies of
documents which support the respondent’s position.
The response shall be filed with the Clerk of this Court, at KIT CARSON COUNTY
DISTRICT COURT, 1650 Donelan Ave., Suite 301, Burlington, CO 80807 and served on
Janeway Law Firm, P.C., 9800 S. Meridian Blvd., Suite 400, Englewood, CO 80112, fax:
(303) 706-9994, not later than FEBRUARY 15, 2023 AT 10AM. The response shall include
contact information for the respondent including, name, mailing address, telephone number,
and, if applicable, an e-mail address. Service of the response on the moving party shall be
made in accordance with C.R.C.P. 5(b).
If a response is filed stating grounds for opposition to the motion within the scope of this Rule as
provided for in section (d), the court shall set the matter for hearing at a later date. The clerk shall
clear available dates with the parties and counsel, if practical, and shall give notice to counsel and
any self-represented parties who have appeared in the matter in accordance with the rules
applicable to e-filing, no less than 14 days prior to the new hearing date.
IF NO RESPONSE IS FILED BY FEBRUARY 15, 2023 AT 10AM, AND IF
THE COURT IS SATISFIED THAT VENUE IS PROPER AND THE
MOVING PARTY IS ENTITLED TO AN ORDER AUTHORIZING SALE,
THE COURT SHALL FORTHWITH ENTER AN ORDER AUTHORIZING
SALE.
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 7 days before the date of the hearing unless the request was included in your
response.
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 Statutes, you may file a complaint
with the Colorado Attorney General, the Federal Consumer Financial Protection Bureau, or
both, at:
Office of the Attorney General Consumer Financial Protection Bureau
Ralph L. Carr Colorado Judicial Center P.O. Box 4503
1300 Broadway, 10th Floor Iowa City, Iowa 52244
Denver, CO 80203 Phone (855) 411-2372.
Phone (720) 508-6000 www.consumerfinance.gov
www.coloradoattorneygeneral.gov
THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
Notice issued: JANUARY 17, 2023
JANEWAY LAW FIRM, P.C.
Attorneys for Moving Party
__________________________
Lynn M. Janeway #15592
David R. Doughty #40042
Alison L. Berry #34531
N. April Winecki #34861
9800 S. Meridian Blvd., Suite 400
Englewood, CO 80112
Phone: (855) 263-9295 Fax: (303) 706-9994
File: 22-027659/Kemp
Mailing Address of Moving Party: C/O SELENE FINANCE LP 3501 OLYMPUS
BOULEVARD, 5TH FLOOR, SUITE 500, DALLAS, TX 75019
The notice and motion are being filed contemporaneously with the service of this notice. You
may obtain the court’s case/civil action number by contacting the court or our office.
THIS FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. IF YOU ARE IN BANKRUPTCY OR THIS DEBT HAS BEEN
DISCHARGED IN BANKRUPTCY, THE COLLECTION ACTION DESCRIBED IN
THIS NOTICE SHALL BE AGAINST THE REAL PROPERTY THAT SECURES THE
DEBT AND NOT AGAINST YOU PERSONALLY.
PT # 2022009
A copy of C.R.C.P. 120 is attached to this Notice
LEGAL DESCRIPTION
A tract of land located in the Southwest Quarter (SW1/4) of Section Twenty-three (23), Township Nine (9)
South, Range Forty-four (44) West of the Sixth Principal Meridian, more particularly described as follows:
From a point beginning at the Northeast corner of the Southwest Quarter (SW1/4) of Section Twenty-three
(23); Thence West One thousand Four Hundred and Forty Feet (1,440') along the Quarter Section line to the
true point of beginning; Thence West along the North boundary of said Quarter Section a distance of One
Thousand One Hundred Eighty-eight and79/100 feet (1,188.79') to the Northwest corner of said Quarter
Section; Thence South along the West boundary of said Quarter Section a distance of One Thousand and
Fifty and 00/100 Feet (1,050.00') ; Thence East on a line parallel to North boundary line of said Quarter
Section to a point on the Airport property line; Thence N. 27° 28' 09" W on the Airport Property line to the
true point of beginning, all in Kit Carson County, Colorado.
Rule 120. Orders Authorizing Foreclosure Sale Under Power in a Deed of Trust to the Public Trustee
(a) Motion for Order Authorizing Sale. When an order of court is desired authorizing a foreclosure sale under a power of sale
contained in a deed of trust to a public trustee, any person entitled to enforce the deed of trust may file a verified motion in a district
court seeking such order. The motion shall be captioned: “Verified Motion for Order Authorizing a Foreclosure Sale under C.R.C.P.
120,” and shall be verified by a person with knowledge of the contents of the motion who is competent to testify regarding the facts
stated in the motion.
(1) Contents of Motion. The motion shall include a copy of the evidence of debt, the deed of trust containing the power of sale,
and any subsequent modifications of these documents. The motion shall describe the property to be sold, shall specify the facts
giving rise to the default, and may include documents relevant to the claim of a default.
(A) When the property to be sold is personal property, the motion shall state the names and last known
addresses, as shown by the records of the moving party, of all persons known or believed by the moving
party to have an interest in such property which may be materially affected or extinguished by such sale.
(B) When the property to be sold is real property and the power of sale is contained in a deed of trust to a
public trustee, the motion shall state the name and last known address, as shown by the real property records of the clerk and
recorder of the county where the property or any portion thereof is located and the records of the moving party, of:
(i) the grantor of the deed of trust;
(ii) the current record owner of the property to be sold;
(iii) all persons known or believed by the moving party to be personally liable for the debt secured by the
deed of trust;
(iv) those persons who appear to have an interest in such real property that is evidenced by a
document recorded after the recording of the deed of trust and before the recording of the notice
of election and demand for sale; and
(v) those persons whose interest in the real property may otherwise be affected by the foreclosure.
(C) In describing and giving notice to persons who appear to have acquired a record interest in real
property, the address of each such person shall be the address that is given in the recorded instrument
evidencing such person's interest. If such recorded instrument does not give an address or if only the county and state are given as
the address of such person, no address need be stated for such person in the motion.
(2) Setting of Response Deadline; Hearing Date. On receipt of the motion, the clerk shall set a deadline by which any response
to the motion must be filed. The deadline shall be not less than 21 nor more than 35 days after the filing of the motion. For
purposes of any statutory reference to the date of a hearing under C.R.C.P. 120, the response deadline set by the clerk shall be
regarded as the scheduled hearing date unless a later hearing date is set by the court pursuant to section (c)(2) below.
(b) Notice of Response Deadline; Service of Notice. The moving party shall issue a notice stating:
(1) a description of the deed of trust containing the power of sale, the property sought to be sold at foreclosure, and the
facts asserted in the motion to support the claim of a default;
(2) the right of any interested person to file and serve a response as provided in section (c), including the addresses at which such
response must be filed and served and the deadline set by the clerk for filing a response;
(3) the following advisement: “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 7 days before the date of
the hearing unless the request was included in your response.”; and
(4) the mailing address of the moving party and, if different, the name and address of any authorized servicer for the loan secured
by the deed of trust. If the moving party or authorized servicer, if different, is not authorized to modify the evidence of the debt,
the notice shall state in addition the name, mailing address, and telephone number of a representative authorized to address loss
mitigation requests. A copy of C.R.C.P. 120 shall be included with or attached to the notice. The notice shall be served by the
moving party not less than 14 days prior to the response deadline set by the clerk, by:
(A) mailing a true copy of the notice to each person named in the motion (other than any person for whom
no address is stated) at that person’s address or addresses stated in the motion;
(B) filing a copy with the clerk for posting by the clerk in the courthouse in which the motion is pending;
and
(C) if the property to be sold is a residential property as defined by statute, by posting a true copy of the
notice in a conspicuous place on the subject property as required by statute. Proof of mailing and delivery
of the notice to the clerk for posting in the courthouse, and proof of posting of the notice on the residential
property, shall be set forth in the certificate of the moving party or moving party's agent. For the purpose of this section, posting
by the clerk may be electronic on the court’s public website so long as the electronic address for the posting is displayed
conspicuously at the courthouse.
(c) Response Stating Objection to Motion for Order Authorizing Sale; Filing and Service.
(1) Any interested person who disputes, on grounds within the scope of the hearing provided for in section (d), the moving party's
right to an order authorizing sale may file and serve a response to the motion. 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. The response shall be filed and served not later than the response deadline set by the clerk. The response
shall include contact information for the respondent including name, mailing address, telephone number, and, if applicable, an e-
mail address. Service of the response on the moving party shall be made in accordance with C.R.C.P. 5(b).
(2) If a response is filed stating grounds for opposition to the motion within the scope of this Rule as provided for in section (d),
the court shall set the matter for hearing at a later date. The clerk shall clear available hearing dates with the parties and counsel, if
practical, and shall give notice to counsel and any self-represented parties who have appeared in the matter, in accordance with
the rules applicable to e-filing, no less than 14 days prior to the new hearing date.
(d) Scope of Issues at the Hearing; Order Authorizing Foreclosure Sale; Effect of Order.
The court shall examine the motion and any responses.
(1) If the matter is set for hearing, the scope of inquiry at the hearing shall not extend beyond
(A) the existence of a default authorizing exercise of a power of sale under the terms of the deed of trust
described in the motion;
(B) consideration by the court of the requirements of the Servicemembers Civil Relief Act, 50 U.S.C.
§3931, as amended;
(C) whether the moving party is the real party in interest; and
(D) whether the status of any request for a loan modification agreement bars a foreclosure sale as a matter
of law.
The court shall determine whether there is a reasonable probability that a default justifying the sale has occurred, whether an order
authorizing sale is otherwise proper under the Servicemembers Civil Relief Act, whether the moving party is the real party in
interest, and, if each of those matters is determined in favor of the moving party, whether evidence presented in support of
defenses raised by the respondent and within the scope of this Rule prevents the court from finding that there is a reasonable
probability that the moving party is entitled to an order authorizing a foreclosure sale. The court shall grant or deny the motion
in accordance with such determination. For good cause shown, the court may continue a hearing.
(2) If no response has been filed by the response deadline set by the clerk, and if the court is satisfied that venue is proper and the
moving party is entitled to an order authorizing sale, the court shall forthwith enter an order authorizing sale.
(3) Any order authorizing sale shall recite the date the hearing was completed, if a hearing was held, or, if no response was filed
and no hearing was held, shall recite the response deadline set by the clerk as the date a hearing was scheduled, but that no hearing
occurred.
(4) An order granting or denying a motion filed under this Rule shall not constitute an appealable order or final judgment. The
granting of a motion authorizing a foreclosure shall be without prejudice to the right of any person
aggrieved to seek injunctive or other relief in any court of competent jurisdiction, and the denial of any such motion
shall be without prejudice to any other right or remedy of the moving party.
(e) The court shall not require the appointment of an attorney to represent any interested person as a condition of granting such
motion, unless it appears from the motion or other papers filed with the court that there is a reasonable probability that the interested
person is in the military service.
(f) Venue. For the purposes of this section, a consumer obligation is any obligation
(1) as to which the obligor is a natural person, and
(2) is incurred primarily for a personal, family, or household purpose.
Any proceeding under this Rule involving a consumer obligation shall be brought in and heard in the county in which such consumer
signed the obligation or in which the property or a substantial part of the property is located. Any proceeding under this Rule that does
not involve a consumer obligation or an instrument securing a consumer obligation may be brought and heard in any county.
However, in any proceeding under this Rule, if a response is timely filed, and if in the response or in any other writing filed with the
court, the responding party requests a change of venue to the county in which the encumbered property or a substantial part thereof is
situated, the court shall order transfer of the proceeding to such county.
(g) Return of Sale. The court shall require a return of sale to be made to the court. If it appears from the return that the sale was
conducted in conformity with the order authorizing the sale, the court shall enter an order approving the sale. This order is not
appealable and shall not have preclusive effect in any other action or proceeding.
(h) Docket Fee. A docket fee in the amount specified by law shall be paid by the person filing the motion. Unless the court shall
otherwise order, any person filing a response to the motion shall pay, at the time of the filing of such response, a docket fee in the
amount specified by law for a defendant or respondent in a civil action under section 13-32-101(1)(d), C.R.S.
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DISTRICT COURT, KIT CARSON COUNTY, COLORADO 1650 DONELAN AVE., SUITE 301, BURLINGTON, CODATE FILED: January 17, 2023 3:29 PM 80807 FILING ID: 77711BF95FF18 In the Matter of the Motion of U.S. BANK TRUST NATIONALCASE NUMBER: 2023CV30000 ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST for an Order Authorizing the Public Trustee of KIT ▲ Court Use Only ▲ CARSON County Colorado, to Sell Certain Property Under a Power of Sale Contained in a Deed of Trust. Attorneys: Case No: Janeway Law Firm, P.C. 9800 S. Meridian Blvd., Suite 400 Englewood, CO 80112 Div: Phone No: (855) 263-9295 Fax No: (303) 706-9994 Atty Reg#15592 Lynn M. Janeway (lynn@janewaylaw.com) Atty Reg#40042 David R. Doughty (david@janewaylaw.com) Atty Reg#34531 Alison L. Berry (alisonberry@janewaylaw.com) Atty Reg#34861 N. April Winecki (nawinecki@janewaylaw.com) NOTICE OF RESPONSE DEADLINE TAKE NOTICE THAT YOU MAY BE AFFECTED BY THE FORECLOSURE OF A DEED OF TRUST ON THE PROPERTY DESCRIBED BELOW: U.S. BANK TRUST NATIONAL ASSOCIATION , NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST (“Moving Party”) has filed a Motion with this Court, as the holder of an evidence of debt pursuant to C.R.S. 38-38- 100.3 (the “Evidence of Debt”), and deed of trust containing the power of sale in the original amount of $142,000.00, executed by or on behalf of Grantor(s)/Borrower(s) JIM J KEMP dated AUGUST 25, 2006 and recorded August 30, 2006 at reception number 200600545461 in the real property records of KIT CARSON County, Colorado (the “Deed of Trust”). The Motion claims that Moving Party is entitled to foreclose the lien of the Deed of Trust and to have the property described therein sold by the Public Trustee pursuant to statute because the covenants of the Deed of Trust have been violated and/or Grounds for Acceleration of the Debt and invocation of the power of sale exist. The facts giving rise to the default include, but are not expressly limited to, the following: Borrower’s failure to make monthly installment payments due APRIL 1, 2020, and each month thereafter, as required under the Evidence of Debt and Deed of Trust. The Motion requests an order authorizing the Public Trustee to sell this property at foreclosure: SEE ATTACHED LEGAL DESCRIPTION Purported Address: 14210 CO RD 47, BURLINGTON, CO 80807 AMHJHJGKHMHJBLFPGIBPBK Any interested person who disputes, on grounds within the scope of the hearing provided for in ALMCPKKBHBJOLEHEFHEHNK AMOJPNODGIIJDOPJPEMGCK AHIOLDBGOGGCAMBKFIDEDK section (d), the Moving Party’s right to an order authorizing sale may file and serve a response ANMPOIJFOPGHKABDONMOGK DLLDLLDLLDLDDDDLLLLDDL to the motion, as provided in section (c). The response must describe the facts the respondent 22-027659 relies on in objecting to the issuance of an order authorizing sale, and may include copies of documents which support the respondent’s position. The response shall be filed with the Clerk of this Court, at KIT CARSON COUNTY DISTRICT COURT, 1650 Donelan Ave., Suite 301, Burlington, CO 80807 and served on Janeway Law Firm, P.C., 9800 S. Meridian Blvd., Suite 400, Englewood, CO 80112, fax: (303) 706-9994, not later than FEBRUARY 15, 2023 AT 10AM. The response shall include contact information for the respondent including, name, mailing address, telephone number, and, if applicable, an e-mail address. Service of the response on the moving party shall be made in accordance with C.R.C.P. 5(b). If a response is filed stating grounds for opposition to the motion within the scope of this Rule as provided for in section (d), the court shall set the matter for hearing at a later date. The clerk shall clear available dates with the parties and counsel, if practical, and shall give notice to counsel and any self-represented parties who have appeared in the matter in accordance with the rules applicable to e-filing, no less than 14 days prior to the new hearing date. IF NO RESPONSE IS FILED BY FEBRUARY 15, 2023 AT 10AM, AND IF THE COURT IS SATISFIED THAT VENUE IS PROPER AND THE MOVING PARTY IS ENTITLED TO AN ORDER AUTHORIZING SALE, THE COURT SHALL FORTHWITH ENTER AN ORDER AUTHORIZING SALE. 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 7 days before the date of the hearing unless the request was included in your response. 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 Statutes, you may file a complaint with the Colorado Attorney General, the Federal Consumer Financial Protection Bureau, or both, at: Office of the Attorney General Consumer Financial Protection Bureau Ralph L. Carr Colorado Judicial Center P.O. Box 4503 1300 Broadway, 10th Floor Iowa City, Iowa 52244 Denver, CO 80203 Phone (855) 411-2372. Phone (720) 508-6000 www.consumerfinance.gov www.coloradoattorneygeneral.gov THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS. Notice issued: JANUARY 17, 2023 JANEWAY LAW FIRM, P.C. Attorneys for Moving Party __________________________ Lynn M. Janeway #15592 David R. Doughty #40042 Alison L. Berry #34531 N. April Winecki #34861 9800 S. Meridian Blvd., Suite 400 Englewood, CO 80112 Phone: (855) 263-9295 Fax: (303) 706-9994 File: 22-027659/Kemp Mailing Address of Moving Party: C/O SELENE FINANCE LP 3501 OLYMPUS BOULEVARD, 5TH FLOOR, SUITE 500, DALLAS, TX 75019 The notice and motion are being filed contemporaneously with the service of this notice. You may obtain the court’s case/civil action number by contacting the court or our office. THIS FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU ARE IN BANKRUPTCY OR THIS DEBT HAS BEEN DISCHARGED IN BANKRUPTCY, THE COLLECTION ACTION DESCRIBED IN THIS NOTICE SHALL BE AGAINST THE REAL PROPERTY THAT SECURES THE DEBT AND NOT AGAINST YOU PERSONALLY. PT # 2022009 A copy of C.R.C.P. 120 is attached to this Notice LEGAL DESCRIPTION A tract of land located in the Southwest Quarter (SW1/4) of Section Twenty-three (23), Township Nine (9) South, Range Forty-four (44) West of the Sixth Principal Meridian, more particularly described as follows: From a point beginning at the Northeast corner of the Southwest Quarter (SW1/4) of Section Twenty-three (23); Thence West One thousand Four Hundred and Forty Feet (1,440') along the Quarter Section line to the true point of beginning; Thence West along the North boundary of said Quarter Section a distance of One Thousand One Hundred Eighty-eight and79/100 feet (1,188.79') to the Northwest corner of said Quarter Section; Thence South along the West boundary of said Quarter Section a distance of One Thousand and Fifty and 00/100 Feet (1,050.00') ; Thence East on a line parallel to North boundary line of said Quarter Section to a point on the Airport property line; Thence N. 27° 28' 09" W on the Airport Property line to the true point of beginning, all in Kit Carson County, Colorado. Rule 120. Orders Authorizing Foreclosure Sale Under Power in a Deed of Trust to the Public Trustee (a) Motion for Order Authorizing Sale. When an order of court is desired authorizing a foreclosure sale under a power of sale contained in a deed of trust to a public trustee, any person entitled to enforce the deed of trust may file a verified motion in a district court seeking such order. The motion shall be captioned: “Verified Motion for Order Authorizing a Foreclosure Sale under C.R.C.P. 120,” and shall be verified by a person with knowledge of the contents of the motion who is competent to testify regarding the facts stated in the motion. (1) Contents of Motion. The motion shall include a copy of the evidence of debt, the deed of trust containing the power of sale, and any subsequent modifications of these documents. The motion shall describe the property to be sold, shall specify the facts giving rise to the default, and may include documents relevant to the claim of a default. (A) When the property to be sold is personal property, the motion shall state the names and last known addresses, as shown by the records of the moving party, of all persons known or believed by the moving party to have an interest in such property which may be materially affected or extinguished by such sale. (B) When the property to be sold is real property and the power of sale is contained in a deed of trust to a public trustee, the motion shall state the name and last known address, as shown by the real property records of the clerk and recorder of the county where the property or any portion thereof is located and the records of the moving party, of: (i) the grantor of the deed of trust; (ii) the current record owner of the property to be sold; (iii) all persons known or believed by the moving party to be personally liable for the debt secured by the deed of trust; (iv) those persons who appear to have an interest in such real property that is evidenced by a document recorded after the recording of the deed of trust and before the recording of the notice of election and demand for sale; and (v) those persons whose interest in the real property may otherwise be affected by the foreclosure. (C) In describing and giving notice to persons who appear to have acquired a record interest in real property, the address of each such person shall be the address that is given in the recorded instrument evidencing such person's interest. If such recorded instrument does not give an address or if only the county and state are given as the address of such person, no address need be stated for such person in the motion. (2) Setting of Response Deadline; Hearing Date. On receipt of the motion, the clerk shall set a deadline by which any response to the motion must be filed. The deadline shall be not less than 21 nor more than 35 days after the filing of the motion. For purposes of any statutory reference to the date of a hearing under C.R.C.P. 120, the response deadline set by the clerk shall be regarded as the scheduled hearing date unless a later hearing date is set by the court pursuant to section (c)(2) below. (b) Notice of Response Deadline; Service of Notice. The moving party shall issue a notice stating: (1) a description of the deed of trust containing the power of sale, the property sought to be sold at foreclosure, and the facts asserted in the motion to support the claim of a default; (2) the right of any interested person to file and serve a response as provided in section (c), including the addresses at which such response must be filed and served and the deadline set by the clerk for filing a response; (3) the following advisement: “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 7 days before the date of the hearing unless the request was included in your response.”; and (4) the mailing address of the moving party and, if different, the name and address of any authorized servicer for the loan secured by the deed of trust. If the moving party or authorized servicer, if different, is not authorized to modify the evidence of the debt, the notice shall state in addition the name, mailing address, and telephone number of a representative authorized to address loss mitigation requests. A copy of C.R.C.P. 120 shall be included with or attached to the notice. The notice shall be served by the moving party not less than 14 days prior to the response deadline set by the clerk, by: (A) mailing a true copy of the notice to each person named in the motion (other than any person for whom no address is stated) at that person’s address or addresses stated in the motion; (B) filing a copy with the clerk for posting by the clerk in the courthouse in which the motion is pending; and (C) if the property to be sold is a residential property as defined by statute, by posting a true copy of the notice in a conspicuous place on the subject property as required by statute. Proof of mailing and delivery of the notice to the clerk for posting in the courthouse, and proof of posting of the notice on the residential property, shall be set forth in the certificate of the moving party or moving party's agent. For the purpose of this section, posting by the clerk may be electronic on the court’s public website so long as the electronic address for the posting is displayed conspicuously at the courthouse. (c) Response Stating Objection to Motion for Order Authorizing Sale; Filing and Service. (1) Any interested person who disputes, on grounds within the scope of the hearing provided for in section (d), the moving party's right to an order authorizing sale may file and serve a response to the motion. 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. The response shall be filed and served not later than the response deadline set by the clerk. The response shall include contact information for the respondent including name, mailing address, telephone number, and, if applicable, an e- mail address. Service of the response on the moving party shall be made in accordance with C.R.C.P. 5(b). (2) If a response is filed stating grounds for opposition to the motion within the scope of this Rule as provided for in section (d), the court shall set the matter for hearing at a later date. The clerk shall clear available hearing dates with the parties and counsel, if practical, and shall give notice to counsel and any self-represented parties who have appeared in the matter, in accordance with the rules applicable to e-filing, no less than 14 days prior to the new hearing date. (d) Scope of Issues at the Hearing; Order Authorizing Foreclosure Sale; Effect of Order. The court shall examine the motion and any responses. (1) If the matter is set for hearing, the scope of inquiry at the hearing shall not extend beyond (A) the existence of a default authorizing exercise of a power of sale under the terms of the deed of trust described in the motion; (B) consideration by the court of the requirements of the Servicemembers Civil Relief Act, 50 U.S.C. §3931, as amended; (C) whether the moving party is the real party in interest; and (D) whether the status of any request for a loan modification agreement bars a foreclosure sale as a matter of law. The court shall determine whether there is a reasonable probability that a default justifying the sale has occurred, whether an order authorizing sale is otherwise proper under the Servicemembers Civil Relief Act, whether the moving party is the real party in interest, and, if each of those matters is determined in favor of the moving party, whether evidence presented in support of defenses raised by the respondent and within the scope of this Rule prevents the court from finding that there is a reasonable probability that the moving party is entitled to an order authorizing a foreclosure sale. The court shall grant or deny the motion in accordance with such determination. For good cause shown, the court may continue a hearing. (2) If no response has been filed by the response deadline set by the clerk, and if the court is satisfied that venue is proper and the moving party is entitled to an order authorizing sale, the court shall forthwith enter an order authorizing sale. (3) Any order authorizing sale shall recite the date the hearing was completed, if a hearing was held, or, if no response was filed and no hearing was held, shall recite the response deadline set by the clerk as the date a hearing was scheduled, but that no hearing occurred. (4) An order granting or denying a motion filed under this Rule shall not constitute an appealable order or final judgment. The granting of a motion authorizing a foreclosure shall be without prejudice to the right of any person aggrieved to seek injunctive or other relief in any court of competent jurisdiction, and the denial of any such motion shall be without prejudice to any other right or remedy of the moving party. (e) The court shall not require the appointment of an attorney to represent any interested person as a condition of granting such motion, unless it appears from the motion or other papers filed with the court that there is a reasonable probability that the interested person is in the military service. (f) Venue. For the purposes of this section, a consumer obligation is any obligation (1) as to which the obligor is a natural person, and (2) is incurred primarily for a personal, family, or household purpose. Any proceeding under this Rule involving a consumer obligation shall be brought in and heard in the county in which such consumer signed the obligation or in which the property or a substantial part of the property is located. Any proceeding under this Rule that does not involve a consumer obligation or an instrument securing a consumer obligation may be brought and heard in any county. However, in any proceeding under this Rule, if a response is timely filed, and if in the response or in any other writing filed with the court, the responding party requests a change of venue to the county in which the encumbered property or a substantial part thereof is situated, the court shall order transfer of the proceeding to such county. (g) Return of Sale. The court shall require a return of sale to be made to the court. If it appears from the return that the sale was conducted in conformity with the order authorizing the sale, the court shall enter an order approving the sale. This order is not appealable and shall not have preclusive effect in any other action or proceeding. (h) Docket Fee. A docket fee in the amount specified by law shall be paid by the person filing the motion. Unless the court shall otherwise order, any person filing a response to the motion shall pay, at the time of the filing of such response, a docket fee in the amount specified by law for a defendant or respondent in a civil action under section 13-32-101(1)(d), C.R.S.