Chancery Court notices from week of Oct. 31, 2019

NOTICE OF DEFAULT AND
FORECLOSURE SALE
WHEREAS, on December 9, 2011, a certain Fixed Rate Home Equity Conversion Deed of Trust was executed by Johnny A. Brewer, an unmarried woman, as mortgagor(s) in favor of Mortgage Electronic Registration Systems, Inc. (“MERS”), as mortgagee beneficiary and Alan E. Smith, Attorney at law, South & Associates, PC, 4600 Madison Ave., Suite 801, Kansas City, MO 64112 as trustee, recorded on January 6, 2012 at Book 2012 Page 151 at 4:10 PM, in the Office of the Chancery Court of Greene County, Mississippi; and
WHEREAS, the Fixed Rate Home Equity Conversion Deed of Trust 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 Deed of Trust is now owned by the Secretary, pursuant to an assignment dated December 6, 2017, and recorded on December 29, 2017, at Book 2017 Page 6161 at 2:04 PM, in the office of the Chancery Court of Greene County, Mississippi; and
WHEREAS, default has been made in the covenants and conditions of the Fixed Rate Home Equity Conversion Deed of Trust in that the borrower dies and the property is not the principal residence of at least one surviving borrower, and no payment has been made sufficient to restore the loan to currency; and
WHEREAS, the entire amount delinquent as of November 7, 2019 is $64,017.22; 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 Deed of Trust to be immediately due and payable; and
WHEREAS, Stewart & Associates, PLLC, has been Designated as foreclosure Commissioner pursuant to that certain designation as Foreclosure Commissioner recorded on September 27, 2019 at Book 2019 Page 80 at 2:38 PM;
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, notice is hereby given that on November 8, 2019, at the North Front Steps of the Courthouse between 11:00 a.m. and 4:00 p.m. local time, all real and personal property at or used in connection with the following described premises (AProperty@) will be sold at public auction to the highest bidder:
Commonly known as: 1460 Brewer Town Road, Richton, Mississippi 39476
A parcel of land lying in the Southeast corner of the North ½ of the NE ¼ of the SE ¼ of Section 5, Township 5 North, Range 8 west, of Greene County, Mississippi; and described as follows:
Parcel 1
Commencing at the SE corner of the North ½ of the NE ¼ of the SE ¼ of Sec.5-T5N-R8W, of Greene County, Mississippi, also being the point of beginning, thence run West 210.00 feet, thence run N 00˚ 10’ 27” E 210.00 feet, thence run East 210.00 Feet; Thence run S 00˚ 10’ 27” W 210.00 feet to the point of beginning containing 1.01 acres
Parcel 2
30’ Easement: Commencing at the SE corner of the North ½ of the NE ¼ of the SE ¼ of Sec.5-T5N-R8W, of Greene County, Mississippi, Thence run West 210.00 feet, thence run N 00˚ 10’ 27” E 42.93 feet to the point of beginning, the following calls are on and along the centerline of 30 feet easement with 15 feet on each side of said centerline, thence run N 85˚ 40’ 39” W 44.71 feet, thence run N 85˚ 57’ 18” W 156.02 feet, thence run N 87˚ 30’ 20” W 157.46 feet, thence run N 81˚ 46’ 54” W 41.05 feet to a public paved road.
The sale will be held outside the Front Door of the Chancery Court of Greene County, Mississippi on November 8, 2019 between 11:00 a.m. and 4:00 p.m.
The Secretary of Housing and Urban Development will bid $64,017.22.
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 $6,401.72 [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 $6,401.72 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 show, 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 higher bidder closes the sale prior to the expiration of the 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 the 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 $64,071.22 as of November 7, 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 the reinstatement.
Tender a payment by certified or cashier’s check or applications for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.
Date: October 11, 2019
Stewart & Associates, PLLC
Foreclosure Commissioner
Dates of Publication: Oct. 17; Oct. 24; Oct. 31; and Nov. 7, 2019
by: Ernest W. Stewart, Manager
7716 Old Canton Road, Suite B.
Madison, MS 39110
(601) 853-2121: Telephone
(601) 853-2423: Facsimile
26-(1,646)-Oct. 17-4tc

 

IN THE CHANCERY COURT OF GREENE COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF DONALD ORAN PRINE, DECEASED
LEIGH ANN PRINE, ADMINISTRATRIX
CAUSE NO. 2019-50-DNH
SUMMONS
THE STATE OF MISSISSIPPI
COUNTY OF GREENE
TO: THE UNKNOWN HEIRS-AT-LAW OF DONALD ORAN PRINE, DECEASED, IF ANY, WHOSE NAMES AND ADDRESSES ARE UNKNOWN.
THE COMPLAINT WHICH IS ATTACHED TO THIS SUMMONS IS IMPORTANT AND YOU MUST TAKE IMMEDIATE ACTION TO PROTECT YOUR RIGHTS.
YOU ARE SUMMONED TO APPEAR AND DEFEND AGAINST THE PETITION FILED AGAINST YOU IN THIS ACTION AT 9:30 A.M. ON THE 5th DAY OF DECEMBER, 2019, IN THE COURTROOM OF THE GREENE COUNTY COURTHOUSE AT LEAKESVILLE, MISSISSIPPI; AND, IN THE CASE OF YOUR FAILURE TO APPEAR AND DEFEND, A JUDGMENT WILL BE ENTERED AGAINST YOU FOR THE RELIEF DEMANDED IN THE PETITION.
You are not required to file an answer or other pleading, but you may do so if you desire by forwarding same to L. Joe Beard, Petitioner’s attorney, P.O. Box 1177, Leakesville, Mississippi 39451.
ISSUED UNDER MY HAND AND SEAL of said Court, this 14th day of October, 2019.
(SEAL) MICHELLE D. EUBANKS
GREENE COUNTY
CHANCERY CLERK
BY: Patti R. Zehner
DEPUTY CLERK
PUBLISH THREE (3) TIMES
26-(351)-Oct. 17-3tc
STATE OF MISSISSIPPI
COUNTY OF GREENE
NOTICE OF TRUSTEE’S
SALE OF LAND
WHEREAS, Jason S. McLeod and Danielle S. McLeod by Deed of Trust dated July 27, 2015, recorded in Deed of Trust Book 2015 at Page 3552 of the Deed of Trust records of the Office of the Chancery Clerk of Greene County, Mississippi, conveyed certain property therein described in trust to David A. Wheeler, to secure payment of a certain indebtedness to Community Bank, Coast, as Beneficiary; and
WHEREAS, default having been made in the terms and conditions of the said Deed of Trust and the entire debt secured having been disclosed and payable in accordance of the terms of said Deed of Trust, and the legal holder of said indebtedness, Community Bank of Mississippi fka Community Bank, Coast having requested the undersigned Trustee to execute the trust and sell said land and property in accordance with the terms of said Deed of Trust for the purpose of raising the sums due thereunder together with attorney’s fees and expenses of sale;
NOW, THEREFORE, the undersigned Trustee, pursuant to such authority and the request so made does hereby give notice that he will sell during the legal hours (between the hours of 11:00 a.m. and 4:00 p.m.) on the 22nd day of November, 2019, at the front door of the Greene County Courthouse in Leakesville, Mississippi, for cash to the highest and best bidder, the following described land and property being located and situated in Greene County, Mississippi, and being more particularly described as follows, to-wit:
Section 31: A parcel of land described as commencing at a point situated 70.0 feet South of the NE corner of the SE 1/4 of the SE 1/4 of Section 31, Township 5 North, Range 7 West, Greene County, Mississippi; thence run South 75 degrees 53 minutes 18 seconds West for a distance of 217.23 feet; thence run South 50 degrees 11 minutes 51 seconds West for a distance of 526.22 feet, more or less, to the East right-of-way line of the Turkey Fork Road; thence run in a Southerly direction along East right-of-way line of said road as follows: South 38 degrees 39 minutes 30 seconds East for a distance of 335.20 feet; thence run South 39 degrees 55 minutes East for a distance of 100.00 feet; thence run South 40 degrees 59 minutes East for a distance of 100.00 feet; thence run South 42 degrees 40 minutes East for a distance of 100.0 feet; thence run South 45 degrees 05 minutes East for a distance of 100.00 feet; thence run South 46 degrees 01 minutes East for a distance of 100.00 feet; thence run South 46 degrees 34 minutes East for a distance of 89.87 feet, more or less, to a point in the East line of Section 31; thence run North along East line of Section 31 for a distance of 1079.13 feet, more or less, to the Point of Beginning.
AND:
Section 32: All of the SW 1/4 of the SW 1/4, Section 32, Township 5 North, Range 7 West, Greene County, Mississippi, LESS AND EXCEPT that part South and Southwest of that public road that leads to the Turkey Fork Reservoir.
LESS AND EXCEPT:
Section 31: Commence at a concrete monument having a metal plate found at the SE corner of the SE 1/4 of the SE 1/4 of Section 31, TSN, R7W, Greene County, Mississippi:
Thence North 00 degrees 17 minutes 29 seconds East along the East line of said SE 1/4 of SE 1/4 a distance of 553.62 feet to a set ½ inch rebar and the Point of Beginning; thence continue North 00 degrees 17 minutes 29 seconds East along the East line of said SE 1/4 of SE 1/4 a distance of 698.62 feet to a point referenced by a found 1/4 inch iron pipe offset 0.6 feet to the East; thence South 77 degrees 00 minutes 00 seconds West a distance of 194.10 feet to a set ½ inch rebar; thence South 51 degrees 30 minutes 00 seconds West a distance of 471.97 feet to a set ½ inch rebar situated on the North right of way line of Turkey Fork Road; thence South 35 degrees 06 minutes 47 seconds West along said right of way line a distance of 85.66 feet to a set ½ inch rebar; thence South 38 degrees 29 minutes 51 seconds East along said right-of-way line a distance of 150.00 feet to a set ½ inch rebar; thence South 44 degrees 13 minutes 20 seconds East along right of way line a distance of 150.59 feet to a set ½ inch rebar, thence Southeasterly along said right of way line a distance of 85.02 feet on a curve to the left to a set ½ inch rebar, said curve having a radius of 3769.72 feet, a chord bearing of South 39 degrees 19 minutes 58 seconds East, and a chord distance of 85.01 feet; thence East a distance of 351.92 feet to the Point of Beginning; said described property situated in the SE 1/4 of SE 1/4 of Section 31, T5N, R7W, Greene County, Mississippi.
Section 32: Commence at a concrete monument found at the SW corner of the SW 1/4 of the SW 1/4 of Section 32, T5N, R7W, Green County, Mississippi:
Thence North 00 degrees 17 minutes 29 seconds East along the West line of said SW 1/4 of SW 1/4 a distance of 553.62 feet to a set ½ inch rebar and the Point of Beginning; thence East a distance of 1316.50 feet to a set ½ inch rebar situated on the East line of said SW 1/4 of SW 1/4; thence North 00 degrees 17 minutes 09 seconds East along said East line a distance of 771.27 feet to a found 4 inch X 4 inch concrete monument having a metal plate, said monument representing the NE corner of said SW 1/4 of SW 1/4; thence South 89 degrees 48 minutes 47 seconds West along the North line of said SW 1/4 of SW 1/4 a distance of 1316.45 feet to a found 4 inch X 4 inch concrete monument having a metal plate, said monument representing the NW corner of said SW 1/4 of SW 1/4; thence South 00 degrees 17 minutes 29 seconds West along the West line of said SW 1/4 of SW 1/4 a distance of 68.36 feet to a point represented by a found 1-1/4 inch iron pipe offset 0.6 feet to the East; thence continue South 00 degrees 17 minutes 29 seconds West along said West line of said SW 1/4 of SW 1/4 a distance of 698.62 feet to the Point of Beginning; said described property situated in the SW 1/4 of SW 1/4 of Section 32, T5N, R7W, Greene County, Mississippi.
LESS AND EXCEPT:
Section 31: Commence at a concrete monument having a metal plate found at the SE corner of the SE 1/4 of the SE 1/4 of Section 31, T5N, R7W, Greene County, Mississippi:
Thence North 00 degrees 17 minutes 29 seconds East along the East line of said SE 1/4 of SE 1/4 a distance of 180.97 feet to a set ½ and the POINT OF BEGINNING; thence continue North 00 degrees 17 minutes 29 seconds East along the East line of said SE 1/4 of SE 1/4 a distance of 372.64 feet to a found ½ inch rebar; thence West a distance of 351.92 feet to a found ½ inch rebar situated on the North right-of-way line of Turkey Fork Road; thence Southeasterly along said right-of-way line a distance of 112.36 feet on a curve to the left to a set ½ inch rebar, said curve having a radius of 3769.72 feet, a chord bearing of South 40 degrees 49 minutes 58 seconds East, and a chord distance of 112.36 feet; thence South 35 degrees 08 minutes 19 seconds East along said right-of-way line a distance of 149.76 to a set ½ inch rebar; thence South 44 degrees 41 minutes 12 seconds East along said right-of-way line a distance of 99.21 feet to a set ½ inch rebar; thence South 56 degrees 39 minutes 58 seconds East along said right-of-way line a distance of 53.21 feet to a set ½ inch rebar; thence South 46 degrees 13 minutes 40 seconds East along said right-of-way line a distance of 94.51 feet to a set ½ inch rebar; thence East a distance of 7.90 feet to the POINT OF BEGINNING; said described property containing 1.66 acres, more or less, and situated in the SE 1/4 of SE 1/4 of Section 31, T5N, R7W, Greene County, Mississippi.
AND
Section 32: Commence at a concrete monument found at the SW corner of the SW 1/4 of the SW 1/4 of Section 32, T5N, R7W, Greene County, Mississippi:
Thence North 00 degrees 17 minutes 29 seconds East along the West line of said SW 1/4 of SW 1/4 a distance of 180.97 feet to a set ½ inch rebar and the POINT OF BEGINNING; thence East a distance of 1316.53 feet to a set ½ inch rebar situated on the East line of said SW 1/4 of SW 1/4; thence North 00 degrees 17 minutes 09 seconds East along said East line a distance of 372.64 feet to a found ½ inch rebar; thence West a distance of 1316.50 feet to a found ½ inch rebar; thence South 00 degrees 17 minutes 29 seconds West along the West line of said SW 1/4 of SW 1/4 a distance of 372.64 feet to the POINT OF BEGINNING; said described property containing 11.26 acres more or less and situated in the SW 1/4 of SW 1/4 of Section 32, T5N, R7W, Greene County, Mississippi.
Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Trustee.
WITNESS MY SIGNATURE, this the 23rd of October, 2019.
DAVID A. WHEELER, TRUSTEE
Wheeler & Wheeler, PLLC
P.O. Box 264
Biloxi, MS 39533
(228) 374-6720
PUBLICATION DATES: 10/31/19; 11/7/19; 11/14/19; 11/21/19
28-(1,726)-Oct. 31-4tc

 

 

SUBSTITUTED TRUSTEE’S
NOTICE OF SALE
WHEREAS, on September 7, 2006, Martha Prentiss Colorado and husband Osvaldo Colorado, executed a deed of trust to Debera Bridges, Trustee for the benefit of CitiFinancial Real Estate Services, Inc., which deed of trust is recorded in Deed of Trust Book 269 at Page 647 and corrected by Default Judgment in Cause No. 2018-0132 TH, recorded in Book 2019 at Page 1933 in the Office of the Chancery Clerk of the County of Greene, State of Mississippi; and
WHEREAS, the aforesaid deed of trust was assigned to CitiFinancial Servicing LLC by instrument dated August 20, 2015, and recorded in the Office of the aforesaid Chancery Clerk in Book 2015 at Page 3988; and
WHEREAS, the aforesaid deed of trust was assigned to Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A by instrument dated February 23, 2018, and recorded in the Office of the aforesaid Chancery Clerk in Book 2018 at Page 939; and
WHEREAS, the aforesaid, Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A, the holder of said deed of trust and the note secured thereby, substituted Underwood Law Firm PLLC, as Trustee therein, as authorized by the terms thereof, by instrument dated September 13, 2019 and recorded in the Office of the aforesaid Chancery Clerk in Gen Substitute Trustee Book 2019 at Page 39; and
WHEREAS, default having been made in the terms and conditions of said deed of trust and the entire debt secured thereby, having been declared to be due and payable in accordance with the terms of said deed of trust, and the legal holder of said indebtedness, Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A, having requested the undersigned Substituted Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust for the purpose of raising the sums due thereunder, together with attorney’s fees, Substituted Trustee’s fees and expense of sale;
NOW, THEREFORE, WE, Underwood Law Firm PLLC, Substituted Trustee in said deed of trust, will on the 8th day of November, 2019, offer for sale at public outcry for cash to the highest bidder, and sell within legal hours (being between the hours of 11:00 A.M. and 4:00 P.M.) at the Southwest front door of the County Courthouse at Leakesville, County of Greene, State of Mississippi, the following described property situated in the County of Greene, State of Mississippi, to-wit:
The following described land and property situated in the County of Greene, State of Mississippi, being more particularly described as follows: Section 19; the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4) further described as: Start at the Northwest Corner of the Southeast Quarter of the Southeast Quarter (SE 1/4 of the SE 1/4) run 250 feet South to a Point of Beginning on the West line of said Quarter; thence run East 325 feet to a point; thence run South 250 feet to a point; thence run West 150 feet to a point; thence run North 100 feet to a point; thence run West 175 feet to a point on the West line of said Quarter; thence run North 150 feet to Point of Beginning, containing 1.46 acres, more or less, Greene County, Mississippi. Indexing instructions: SE 1/4 of SE 1/4, Section 19, Township 2 North, Range 5 West, Greene County, Mississippi.
Being the same property conveyed by Fee Simple Deed from Thomas E. Prentiss and Virginia S. Prentiss to Martha Prentiss Colorado, dated 06/07/2004 recorded on 06/15/2004 in Book E-7, Page 201 in Greene County Records, State of Mississippi.
TOGETHER WITH: That certain 2000, 29×74 Redmon mobile home (bearing manufacturer’s serial number FLA 14614983A & 4180).
WE WILL CONVEY only such title as is vested in Underwood Law Firm PLLC as Substituted Trustee.
WITNESS OUR SIGNATURE, this the 8th day of October, 2019.
Underwood Law Firm PLLC
SUBSTITUTED TRUSTEE
Control# Colorado, Martha/CMS
PUBLISH: 10/17/2019, 10/24/2019, 10/31/2019, 11/07/2019
26-(692)-Oct.17­­-4tc

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