Details for Mills Law/5015 Edith Dr.
NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on October 18, 2010, a certain Fixed Rate Home Equity Conversion Security Deed was executed by Earl Dixon also known as Earl Dixon, Sr., as Grantor, in favor of One Reverse Mortgage, LLC, as Grantee, and was recorded on November 1, 2010, in Deed Book 3753, Page 21, in the Office of the Clerk of Superior Court of Dougherty County, Georgia; and WHEREAS, the Fixed Rate Home Equity Conversion Security Deed 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 Fixed Rate Home Equity Conversion Security Deed is now owned by the Secretary, pursuant to an Assignment of Security Deed dated March 20, 2017, and recorded on April 11, 2017, in Deed Book 4406, Page 341, Dougherty County, Georgia records; and WHEREAS a default has been made in the covenants and conditions of the Fixed Rate Home Equity Conversion Security Deed in that the payment due on September 20, 2018, 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 February 29, 2020, is $272,978.00; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Fixed Rate Home Equity Conversion Security Deed to be immediately due and payable. 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 June 3, 2019, in Deed Book 4606, Page 65, Dougherty County, Georgia records, notice is hereby given that on the first Tuesday, April , 7, 2020, between 9:00 a.m. and 4:00 p.m. local time, all real and personal property at or used in connection with the following described premises ("Property") will be sold at public auction to the highest bidder: All that tract or parcel of land lying and being in Land Lot 8 of the Second Land District, Dougherty County, Georgia, and being all of Part of Lot 67 of Van Cise Subdivision, according to the plat of said subdivision as recorded in Plat Book 3, Page 232, in the Office of the Clerk of Superior of Dougherty County, Georgia. Less and Except: That portion of said Lot 67 more particularly described as follows: Beginning at the Southeast corner of said Lot 67 marked by a concrete monument, run thence South 88 degrees 07 minutes West along the South line of said Lot 67 for a distance of 153.63 feet to a point run thence North 00 degrees 25 minutes 17 seconds East along an existing fence line for a distance of 307.75 feet to a point on the North line of said Lot 67; run thence North 88 degrees 07 minutes East along the North line of said Lot 67 for a distance of 140.18 feet to the Northeast corner of said Lot 67; run thence South 02 degrees 05 minutes East along the East line of said Lot 67 a distance of 307.50 feet to the point of beginning. Said excepted parcel being more particularly described in that certain Warranty Deed to Millard Scott DeLozier and Sandra Reed DeLozier dated December 6, 1982, and recorded in Deed Book 702, Page 466, in the Office of the Clerk of Superior Court of Dougherty County, Georgia. SUBJECT PROPERTY ADDRESS: 5015 Edith Dr., Albany, GA 31721 TAX PARCEL ID NO.: 00334/00002/009 The sale will be held before the doors of the courthouse of Dougherty County, Georgia, at public outcry during legal hours of sale on Tuesday, April 7, 2020. The Secretary of Housing and Urban Development will bid $272,978.00. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorata 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 $27,297.80 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 $27,297.80 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 the bid deposits, must be delivered in the 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 the 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 extensions 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 made 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 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 of 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 in accordance with the 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 it 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 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 if the mortgage is to be reinstated prior to the scheduled sale is $272,978.00. as of February 29, 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 giving 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: March 3, 2020 Karen V. Mills, Esq. Mills Law, LLC 3330 Cumberland Blvd. Suite 500 Atlanta, Georgia 30339 Telephone No.: 770-933-6275 Facsimile No.: 770-933-6223 Title: Foreclosure Commissioner for U.S. Secretary of Housing and Urban Development