AMENDED NOTICE OF FORECLOSURE SALE
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
16 SP 807
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY Jameria Townsend (aka Jameria Hinton), DATED February 24, 2012 AND RECORDED IN BOOK 14659, PAGE 2445, Wake COUNTY REGISTRY, TO Wayne A. Roper, TRUSTEE. J. Brian Ratledge, SUBSTITUTE TRUSTEE.
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Jameria Townsend (aka Jameria Hinton), dated February 24, 2012 and recorded in Book 14659, Page 2445, Wake County Registry, North Carolina, default having been made in payment of the Note thereby secured and the necessary findings to permit foreclosure having been made by the Asst. Clerk of Superior Court of Wake County, North Carolina, the undersigned J. Brian Ratledge, Substitute Trustee, will offer for sale at public auction at the usual place of sale at the Wake County Courthouse, at 10:00 AM on May 17, 2016, the property conveyed in said Deed of Trust identified above, which description is incorporated by reference herein as amended, modified or supplemented by other instruments, if any, recorded subsequent to the Deed of Trust in the Wake County Registry and will sell to the highest bidder for cash the following real estate:
Being all of Lot 275 Southall Subdivision, Section 1, Phase 1, as shown on plat recorded in Book of Maps 1988, Page 105, Wake County Registry.
For Informational Purposes Only: 4225 Dinwiddie Court, Raleigh, NC 27607
Tax ID #1725-83-3523
TOGETHER with the improvements located thereon and appurtenances thereto.
The record owner of the above-described real estate as reflected on the records of the Wake County Register of Deeds not more than ten (10) days prior to the posting of this Notice of Sale is Jameria Townsend.
The terms of sale are that the property will be sold for cash to the highest bidder and a cash deposit (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale. Any successful bidder shall be required to tender the full balance purchase price at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should the successful bidder fail to pay the full balance purchase price at that time, he shall remain liable on his bid as provided for in N.C.G.S. §45-21.30 (d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid.
The Substitute Trustee may in his discretion, subject to the provisions of N.C.G.S. §45-21.8 and §45-21.9, sell the property as a whole or in separate lots as described in the Deed of Trust, or by each method to determine the highest price.
This property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the note secured by the Deed of Trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Substitute Trustee or other holder of the note make any representation of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to any unpaid taxes, special assessments, restrictions and easements of record, prior liens, any transfer taxes associated with the foreclosure, and prior liens or encumbrances of record, any recorded releases, any tax required to be paid pursuant to N.C.G.S. §7A-308(a)(1), and the sale will be further subject to the right, if any, of the United States of America to redeem the property for a period of 120 days following the confirmation of the sale. The sale will be held open for ten (10) days for upset bids as required by law.
If the Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Additional Notice to Tenants, Occupants, and Parties in Possession Where the Property is residential real property with less than 15 rental units:
Subject to applicable notice requirements, an order for possession of the Property may be issued pursuant to North Carolina General Statutes Section 45-21.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the County in which the Property is sold. If an order for possession is issued, you may be required to vacate the Property.
Any person who occupies the Property pursuant to a rental agreement entered into or renewed on or after October 1, 2007 may, after receiving the notice of sale, terminate the rental agreement by providing written notice of the termination to the landlord, to be effective on a date stated in the notice that is at least ten (10) days, but no more than ninety (90) days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO A STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This 18th day of April, 2016.
J. Brian Ratledge, Substitute Trustee
Ratledge Law Firm, PLLC
127 W. Hargett Street, Suite 606
Raleigh, North Carolina 27601
The Wake Forest Weekly
May 5, 12, 2016
- State News Today