Type: NJFParty: HUDCounty: PulaskiCase Number: 2023 DennisonAttorney/Contact: Chad Cumming
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on November 9, 2012, that certain ADJUSTABLE RATE HOME EQUITY CONVERSION DEED OF TRUST was executed by LOUISE S. GILL, surviving spouse of Leotis Gill (the “Mortgagor”), as mortgagor, delivered to PRC Division of Placer Title Company as Trustee for Mortgage Electronic Registration Systems, Inc. (“MERS), nominee for Genworth Financial Home Equity Access, Inc. as Mortgagee, and recorded on November 26, 2012 as Instrument No. 2012077130, in the Office of the Circuit Clerk and Ex Officio Recorder, Pulaski County, Arkansas; and WHEREAS, the First Mortgage was insured by the Secretary (the “Secretary”)of the United State Department of Housing and Urban Development (“HUD”) pursuant to the National Housing Act for the purpose of providing single family housing; and WHEREAS, the First Mortgage is now owned by the Secretary, pursuant to that ASSIGNMENT OF DEED OF TRUST executed February 20, 2019 and recorded on July 1, 2019 as Instrument No. 2019040424, in the Office of the Circuit Clerk and Ex Officio Recorder, Pulaski County, Arkansas; and WHEREAS, on November 9, 2012, that certain ADJUSTABLE RATE HOME EQUITY CONVERSION SECOND DEED OF TRUST (collectively, with the First Mortgage, the “Mortgages”) was executed by Mortgagor as mortgagor, delivered to the Senior Official with responsibility for Single Family Mortgage Insurance Programs in the Department of Housing and Urban Development Field Office with jurisdiction over the property described below, or a designee of that Official, as Trustee for the Secretary as Mortgagee, and recorded on November 26, 2012 as Instrument No. 2012077131, as modified in the Office of the Circuit Clerk and Ex Officio Recorder, Pulaski County, Arkansas; and WHEREAS, a default has been made in the covenants and conditions of the Mortgages in that each Mortgagor has died and the property secured by the Mortgages (the “Property”) has ceased to be the principal residence of at least one surviving Mortgagor; and WHEREAS, the entire amount delinquent as of the date of this Notice through March 8, 2021 is $30,323.33; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgages 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 on February 20, 2014 with the Circuit Clerk and Ex Officio Recorder of Pulaski County, Arkansas as Instrument No. 2014009575, notice is hereby given that on Wednesday, April 21, 2021 at 10:00 a.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: Lot 130, Replat No. 1 of Adams Addition to the City of Little Rock, Pulaski County, Arkansas. Commonly known as: 2023 Dennison St., Little Rock, AR 72202.
The sale will be held outside the offices of the Pulaski County Clerk, Pulaski County, Courthouse, 401 W Markham St, Little Rock, AR 72201. The Secretary of Housing and Urban Development will bid $38,035.26.
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 $3,803.53 [10% of the Secretary's bid] in the form of a certified check or cashier's check made out to the “Secretary of U.S. Department of Housing and Urban Development”. The check should also reference FHA Case # 031-4403676. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $3,803.53 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 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 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 $30,323.33 as of March 8, 2021, 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 16, 2021
Foreclosure Commissioner, Chad L. Cumming Jr., Gill Ragon Owen, P.A., 425 W. Capitol, Suite 3800, Little Rock, AR 72201. (501) 376-3800. (501) 372-3359 (fax) DR3T-3/23,3/30,4/6/21