NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, 2nd day of September, 2009, a certain Mortgage was executed Raul L. Rincon, an unmarried woman, as mortgagor in favor of Urban Financial Group and was recorded on September 17, 2009, in Mtg Book 373, Page 394 - 404, in the Office of the Judge of Probate of Bullock County, Alabama; and
WHEREAS, the Mortgage was insured by the United States Secretary of Housing and Urban Development (the Secretary) pursuant to the National Housing Act for the purpose of providing single family housing; and
WHEREAS, the Mortgage is now owned by the Secretary, pursuant to an assignment; said mortgage transferred and assigned to Reverse Mortgage Solutions, Inc., dated September 2, 2009 and recorded on September 22, 2009, in MTG Book 374, Page 12 -13; said mortgage transferred and assigned to the Secretary dated May 23, 2014 and recorded on December 4, 2014 in Mortgage Book: 390, Page: 634, Entry#: 2231; in the Office of the Judge of Probate of Bullock County, Alabama; and
WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that the payment due on December 9, 2019 was not made and remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the loan to currency; and
WHEREAS, the entire amount delinquent as of January 8, 2020 is $98,174.88; and
WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the mortgage to be immediately due and payable; and
NOW THEREFORE, pursuant to powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary’s designation of me as Foreclosure Commissioner, recorded in Miscellaneous Book: 1, Page: 694, Entry #: 8823 in the Probate Records of Bullock County, Alabama, notice is hereby giving that on the 23rd day of September, 2020 between the hours of 11:00 am and 4:00 pm, local time, all real and personal property at or used in connection with the following described premises (“Property”) will be sold at public auction in front of the main entrance of the Bullock County, Alabama, Courthouse, in the City of Union Springs, Bullock County, Alabama, to the highest bidder:
ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF BULLOCK, AND STATE OF ALABAMA, BEING DESCRIBED AS FOLLOWS:
ONE ACRE OF LAND, MORE OR LESS, LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 11, RANGE 23, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF A ONE ACRE LOT HERETOFORE CONVEYED TO D. A. MITCHELL BY DEED DATED NOVEMBER 28, 1949, AND RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE OF BULLOCK COUNTY, ALABAMA, IN DEED RECORD II, PAGE 362, AND CONVEYED FROM VERA GREEN, A SINGLE WOMAN TO EPHRAM DUNN, JR. AND WINNIE LOU DUNN, HUSBAND AND WIFE, BY DEED DATED FEBRUARY 6, 1963, AND RECORDED IN OFFICE OF THE JUDGE OF PROBATE OF BULLOCK COUNTY, ALABAMA, IN DEED RECORDED TT, PAGE 50, SAID MITCHELL LOT BEING IN THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 11, RANGE 23 AND RUNNING THENCE NORTH 210 FEET, THENCE WEST 210 FEET, THENCE SOUTH 210 FEET TO THE NORTHWEST CORNER OF SAID MITCHELL LOT, THENCE EAST ALONG THE NORTH LINE OF SAID MITCHELL LOT 210 FEET TO THE POINT OF BEGINNING AND BEING BOUNDED AS FOLLOWS; ON THE EAST BY MRS. CHARLIE JOHNSON, ON TILE NORTH AND WEST BY VERA GREEN AND ON THE SOUTH BY D. A. MITCHELL, INCLUDING ALL IMPROVEMENTS THEREON.
Property being sold "AS IS". Property is subject to any title deficiencies. No representation is made as to the title to the subject property.
Commonly known as: 3487 Country Road 27, Banks, Alabama 36005.
The Secretary of Housing and Urban Development will bid $102,800.39. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorate share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.
When making their bids, all bidders except the Secretary must submit a deposit totaling
$10,280.04 [10% of the Secretary’s bid] in the form of a certified check or cashier’s check made out to the Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $10,280.04 must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like bid deposits, must be delivered in form of a certified or cashier’s check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment and all other costs associated with the transfer of title. At conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them.
The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extension will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier’s check may payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due.
If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder.
There is no right or redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price accordance with terms of the sale as provided herein. HUD does not guarantee that the property will be vacant.
The scheduled foreclosure sale shall be cancelled or adjourned if is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure sale is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier’s check payable to the Secretary of HUD, before public auction of the property is completed.
The amount that must be paid in if the mortgage is to be reinstated prior to the scheduled sale is $101,138.13 as of June 23, 2020, plus all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement.
Tender of payment by certified or cashier’s check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.
Date: 8/11/2020 Mark A. Pickens
Foreclosure Commissioner for the
Secretary of Housing and Urban
P.O. Box 26101
Birmingham, AL 35260
Union Springs Herald 917w 8/19, 8/26, 09/02