Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1931-05-07

ally served more than four weeks
before the foreclosure but that the
atlantis signature was omitted from
the affidavit Of such service. but
that a proper affidavit Of such serv-
Ice has been fled prior to the passage
Of this act.
IA. That the notice of foreclosure
was published six full weeks In a
legal paper, although, the affidavit of
publication stated that the publica-
ton began later than the time the
actual publication occurred.
Is. That the notice of sale was
published for six insertions in a week
ly paper but the printers affidavit
error shows but five inser-
tions, or that the sale was on the
date of the sixth insertion.
16. That the notice of sale failed
to specify the due date of such mort
gage.
II. That first publication of notice
of mortgage foreclosure stated that
sale would be made by sheriff in his
office in the court house, and the
sheriff of said county having no office
in the court house the five subse-
quent publications were amended to
state that such foreclosure sale would
be made by the sheriff at the front
door of the court house, and that
such sale was made pursuant to said
notice.
IS. That the notice of mortgage
sale was signed by the
name of the mortgage. a corpora
ton, by an officer or agent without
the designation of the office or agen-
cy Of such person appearing as a
o,sf - te 81 yvIo ftYr hyft
the corporate seal of such corpora
of such signature to said notice of
mortgage foreclosure sale.
10. That the affidavit of costs of
not filed or recorded within the time
required by law, but has been filed
prior to the passage of this act.
20. That the several distinct and
separate and not contiguous parcels
of land were sold together as one
parcel and to one bidder for one bid
for the whole one parcel.
Fl. That no authenticated copy of
the order appointing or letters issued
by the probate court to a representa-
tive or guardian of the estate of
the mortgage or his assignee. was
filed and recorded in the office of
the Register of Deeds where the mort
gage is of record, provided such
order or letters have in fact been
recorded in the proper office prior to
the passage of this act.
20. That said mortgage was assign
ed by final decree of probate court
in which decree the mortgage was
not properly and fully described.
%. That the sale was made at
the place or time which the notice
of sale provided, but the Sheriff s
Certificate stated that said sale was
made at a different time or place.
a. That the Sheriff's Certificate of
Sale together with the accompanying
affidavits and return of service were
not filed or recorded within twenty
days after the date of sale but have
been filed or recorded prior to the
passage of this act.
%. That the nour of sale was omit
tod from the notice of sale, or from
the Sheriff's Certificate of Sale, of
the mortgaged premises.
26. That prior to the foreclosure
or attempted foreclosure, no registra-
ton tax was paid, but has been paid
prior to the passage of this act. or
not sufficient registration tax accord
ing to law had been paid on the mort
gage attempted to be foreclosed.
q. That the date of the mortgage
or any assignment thereof or the
date, the month, the day, hour. book
and page. or document number of the
record or filing of the mortgage or
any assignment thereof, in the office
of the Register of Deeds or Registrar
of Titles is incorrectly stated in the
notice of sale or in any of the fore
closure paper, affidavits or instru-
ments.
%. That the affidavit of publica-
ton incorrectly stated the time that
the publication actually occurred.
20. That one of the regular pub
LEGATION days for notice of mort
gage foreclosure sale fell upon any
legal holiday, or that the mortgage
foreclosure sale was held upon any
legal holiday.
80. That the attorney foreclosing
was the husband or wife of the holder
of such mortgage, as mortgage. as
signee or mortgage or otherwise.
81. That foreclosure record was not
filed in proper office prior to expira-
ton of Is years from due date of
such mortgage, if sale was in fact
made prior to such IS year period.
81. That the notice of the pend
ency of the suit or proceedings to
enforce or foreclose the mortgage as
provided in Section 1903, Mason's
been filed with the Registrar of Titles
the register at the time of or prior
RI tho Of
or proceeding, or that no such notice
was filed at any time.
50. That notice upon the occupant
of the mortgaged premises was actu-
ally made four weeks before the fore
closure sale, but that no affidavit
of service was filed, or that the affi-
davit was enormously executed. but
a proper affidavit has been fled prior
to the passage of this act.
"a. That said mortgage so fore
closed, was assigned one or more
times and said assignments duly re-
corded in the office of the Register
of Deeds before the commencement
of said foreclosure and said mortgage
was foreclosed by the assignee of
record and the actual owner of said
but that the notice of said
sale and the foreclosure
sale record failed to state the names
of one or more of said assignees
and the actual owner of said mort
gage whose name was subscribed to
said notice was therein stated to be
the mortgage instead of the assignee
Of mortgage.
SIS. That the power of attorney to
foreclose the same, provided for by
Chapter 262 Of the General Laws of
for the year 1897, has been
before a notary public
who is the same person named as
the attorney authorized to make such
foreclosure, and which attorney has
signed as witness to the signature
of the person who executed such
power of attorney.
Sc. That the power of attorney to
foreclose a real estate mortgage con-
stituting part of the assets of the
estate of a deceased person was
signed by the representative of the
estate as an individual, rather than
in a representative capacity.
81. That the initials of one of the
was set out in reverse
nrd In h4 90