Catawba | Legal notices | mcdowellnews.com

NOTICE OF DEFAULT AND SALE OF SEIZURE WHEREAS on November 11, 2005, a certain note with an initial principal amount of $ 111,000.00, secured by a trust deed, was signed by Mitchell Eugene Shook and Elsie May B. Shook as settlor in favor of RBC Centura Bank as beneficiary and CB Services Corporation as trustee, and said trust deed was recorded on November 17, 2005 in book 2709, page 1129 [as Instrument No. 32464] Catawba County, North Carolina, Deeds Registry Office; and WHEREAS the above Note and Deed of Trust was provided by the United States Secretary of Housing and Urban Development (the Secretary) in accordance with the National Housing Act for the purpose of providing single family housing; and WHEREAS the above note and trust deed were assigned by RBC Centura Bank to Sidus Financial, LLC by assignment dated November 11, 2005 and recorded November 17, 2005, in book 2709, page 1138 in office the Catawba County, North Carolina Deeds Register; and WHEREAS, the above note and trust deed were assigned by Sidus Financial, LLC to Financial Freedom Senior Funding Corporation by assignment dated November 11, 2005 and recorded November 17, 2005, in book 2709, page 1139 at the Catawba County, North Carolina Deeds Registry Office; and WHEREAS the above Note and Deed of Trust was assigned by Financial Freedom Senior Funding Corporation to Mortgage Electronic Registration Systems, Inc., solely as Nominee for Financial Freedom Acquisition, LLC by an assignment dated September 25, 2009 and recorded October 6, 2009, in Book 2995, page 1962 at the Catawba County, North Carolina Deeds Register Office; and WHEREAS, the beneficial interest in the above Note and Deed of Trust now belongs to the Secretary, pursuant to an assignment dated January 30, 2015 and recorded on March 5, 2015, in Book 3279, page 1767, at Catawba County, North Carolina Deeds Registry Office; and WHEREAS the Secretary is the current holder of the Note and Deed of Trust; and WHEREAS the grantor is deceased and the property is not the primary residence of at least one surviving borrower; and WHEREAS, the default upon which this foreclosure is based and the acceleration of the secured debt are as follows: pursuant to paragraph 7 (a) (i) of the above note and paragraph 9 (a) (i) of the Deed of Trust, on the death of the Borrower / Grantor, if the property does not remain the principal residence of at least one Surviving Borrower, the Secretary has the right to demand, and the Secretary has demanded , immediate payment of all of all outstanding principal and accrued interest; and WHEREAS a default has occurred under the above terms and conditions of the above Note and Deed of Trust, in that a proper demand has been made for immediate payment of the all principal outstanding and accrued interest, which remains unpaid; and WHEREAS the total amount overdue as of December 10, 2021 is $ 100,263.39; and WHEREAS, by virtue of this default, the Secretary has declared that the total amount of the Debt secured by the Deed of Trust is immediately due and payable, and said secured debt has been accelerated; WHEREAS, the Secretary has the right to seize the secured real estate as described in the above trust deed; and NOW, pursuant to the powers conferred on the Law Firm Caudle, PA by the Single Family Mortgage Foreclosure Act, 1994, 12 USC 3751 et seq., by 24 CFR Part 27, Subpart B, and by the designation by Secretary of Law Caudle Firme, PA as Foreclosure Commissioner, recorded July 11, 2014 in Book 3248, page 435, notice is given that December 10, 2021 at 11:00 a.m. local time, all real property and personal at or used in connection with the premises described below (“Property”) will be sold by public auction to the highest bidder: Being located in Catawba County, State of North Carolina, and more particularly described as follows: Being all Camelot Village Lot 2, Phase 1, as shown on a dish recorded in Plat Book 18 on page 84, Catawba County Registry. Commonly known as: 1102 North Frye Avenue, Newton, NC 28658. The sale will take place at the location where foreclosure sales are usually held at the Catawba County Courthouse, located in Newton, North Carolina. The Secretary of Housing and Urban Development will make an offer of $ 100,263.39. There will be no pro-rata taxes, rents or other income or debts, except that the buyer will pay, at or before closing, his pro-rata share of the property taxes that have been paid by the secretary to the date of the foreclosure sale. . When bidding, all bidders except the secretary must submit a deposit totaling $ 10,026.34 in the form of a certified check or cashier’s check payable to the secretary of HUD. A deposit need not necessarily accompany each oral offer. If the successful auction is oral, a deposit of $ 10,026.34 must be presented before auction closing. The deposit is not refundable. The remainder of the purchase price must be delivered within 30 days of the sale or such other time as the Secretary may determine for a good cause indicated, time being of the essence. This amount, like bid bonds, must be remitted in the form of a certified check or cashier’s check. If the secretary is the highest bidder, he does not have to pay the amount of the bid in cash. The successful tenderer will pay all transfer charges, property taxes and other taxes due on or after the delivery date of the remainder of the payment and all other costs associated with the transfer of ownership. At the conclusion of the sale, the deposits of unsuccessful bidders will be returned to them. The secretary may grant an extension of the time limit for remitting 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 will be in the form of a certified check or cashier’s check, made payable to the secretary of HUD. If the highest bidder concludes the sale before the expiration of an extension period, the unused portion of the extension fee will be applied to the amount due. If the highest bidder is not able to complete the sale within the time limit required, or within the time allowed by the secretary, he may be required to waive the cash deposit or the election of the seizure commissioner after consultation. The HUD representative will be responsible to HUD for all costs incurred as a result of such failure. The Commissioner may, on the instruction 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 on a right of redemption, for the mortgagor or others as a result of a foreclosure effected in accordance with the law. Therefore, the foreclosure commissioner will issue a deed to the buyer (s) upon receipt of the full 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 must be canceled or postponed if it is established, by a documented written request from the mortgagor to the foreclosure commissioner at least 3 days before the date of the sale, or otherwise, that the default or defects on which the foreclosure is based on did not exist at the time of service of this notice of default and sale of foreclosure, or all amounts owed under the mortgage contract are remitted to the foreclosure commissioner, in the form of a certified check or cashier payable to secretary of HUD before property auction is complete. The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $ 100,263.39 as of December 10, 2021, plus any other amounts that would be due under the mortgage agreement if payments under of the mortgage had not been expedited, publicity of the costs and postage incurred in giving the notice, the mileage by the most reasonable road distance for the posting of notices and for the presence of the commissioner at the foreclosure on sale, reasonable and customary costs incurred for title searches and lien records, necessary out-of-pocket costs incurred by the foreclosure commissioner for registering documents, a commission for the foreclosure commissioner and all other costs incurred in connection with foreclosure prior to reinstatement. Offer to pay by certified or cashier’s check or request to cancel the foreclosure sale should be submitted to the foreclosure commissioner’s address listed below. Date: November 8, 2021 The Caudle Law Firm, PA, Foreclosure Commissioner By: David R. Caudle President and Lawyer State Bar Number 6075 PO Box 620997 Charlotte, NC 28262 Telephone: (704) 342-2330 Fax: (480) 275-3594 Publication: November 23, December 30, 7, 2021.