• NOTICE OF DEFAULT AND FORECLOS...

NOTICE OF DEFAULT AND FORECLOSURE SALE STATE OF GEORGIA COUNTY OF BIBB WHEREAS, on April 24, 2006, a certain Adjustable Rate Home Equity Conversion Security Deed was executed by Julia B. Heggs and Joe Heggs as grantor in favor of Wells Fargo Bank, N.A. as grantee and was recorded on May 25, 2006, in Deed Book 7072, Page 109 in the Office of the Clerk of Superior Court, Bibb County, Georgia; and WHEREAS, the Adjustable 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 Adjustable Rate Home Equity Conversion Security Deed is now owned by the Secretary, pursuant to an assignment recorded on May 20, 2015 and recorded in Deed Book 9461, Page 311, in the Office of the Clerk of Superior Court, Bibb County, Georgia; and WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that the payment, 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 October 1, 2019 is $49,235.23 plus fees and costs; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Adjustable 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 on August 27, 2019 in Book 10410, Page 470, notice is hereby given that on October 1, 2019 at 10:30AM 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 THE VINEVILLE DISTRICT OF THE CITY OF MACON, BIBB COUNTY, GEORGIA AND BEING KNOWN AS PART OF LOT 11 IN BLOCK C OF AZALEA PARK, ACCORDING TO A PLAT OF RECORD IN PLAT BOOK 120, PAGE 46, CLERK'S OFFICE, BIBB SUPERIOR COURT, WHICH SAID PLAT IS INCORPORATED BY REFERENCE FOR ALL PURPOSES. SAID PART OF LOT 11 IS FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE OF CYPRESS DIRVE 525.0 FEET (THIS MEASUREMENT BEING MADE ALONG THE EASTERLY SIDE OF CYPRESS DRIVE) NORTHERLY OF THE NORTHERLY SIDE OF CARLISLE AVENUE AND FROM THIS BEGINNING POINT, GOING IN A NORTHERLY DIRECTION ALONG THE EASTERLY SIDE OF CYPRESS DRIVE A DISTANCE OF 65 FEET; THENCE IN AN EASTERLY DIRECTION A DISTANCE OF 224.0 FEET; THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE DIVIDING LOT 11 IN BLOCK B AND LOT 11 IN BLOCK C A DISTANCE OF 65 FEET AND THENCE IN A WESTERLY DIRECTION ALONG THE LINE DIVIDING LOTS 11 AND 12 IN BLOCK C A DISTANCE OF 229.5 FEET TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO THE GRANTEE(S) BY DEED FROM WILLIAM W. RAPE AND JANET M. RAPE, DATED 9/15/88 AND RECORDED 9/21/88 IN DEED BOOK 1728, PAGE 479. Commonly known as: 1182 Cypress Drive, Macon, Georgia 31204 The sale will be held at the Bibb County Courthouse. The Secretary of Housing and Urban Development will bid $49,235.23 plus fees & costs. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorated 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 $4,924.00 in the form of a certified check or cashier's check made out to the Secretary of HUD. Each oral bid need not be accompanied by a deposit. If the successful bid is oral, a deposit of $4,924.00 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 high bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveyancing fees, all real estate and other taxes that are due on or after the delivery 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 cashiers 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 Field Office 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 Field Office 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 mortgage 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 $49,235.23 plus fees and costs as of October 1, 2019 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. Shelton Law LLC, FORECLOSURE COMMISSIONER 3631 Chamblee Tucker Road, Suite A-283, Atlanta, GA 30341; 877-565-7708; sheltonlawyer.com; File No. 19HUD.00016/ *THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Publication Dates: 9.14.19, 9.21.19, 9.28.19