AMENDED NOTICE OF SALE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
14 SP 421
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Southall Commons Homeowners Association, Inc., a North Carolina Corporation against,
Dawad Mark Norville and Latesha Velez Owners.
Lien Dated: 3/31/2011
Recorded as 11 M 2346 in the Office of the Clerk of Superior Court.
Under and by virtue of the power and authority contained in the Declaration of Covenants, Conditions and Restrictions for Southall Commons, and pursuant to the provisions of Chapters 47 of the North Carolina General Statutes, and because of default in the payment of certain assessments secured by a Claim of Lien dated 3/31/2011 and recorded as 11 M 2346 and pursuant to the Order of the Clerk of Superior Court for Wake County, North Carolina, entered in this foreclosure proceeding, and a subsequent Order of the Clerk setting aside the foreclosure sale held July 2, 2015, the undersigned Tina Frazier Pace, Trustee, will expose for re-sale at public auction on the 20th day of January, 2016, at 2:00 p.m. at the usual and customary place for such sales at the Wake County Courthouse, the following described real property (including the house and any other improvements thereon):
BEING all of Lot 105 in Southall Commons Subdivision, as shown on a map thereof recorded on Book of Maps 2006, Pages 797-801 (Page 799), Wake County Registry
Commonly known as: 7941 Averette Hill Drive, Raleigh, NC 27616
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owner of the above-described real property 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 is Dawad Mark Norville.
Pursuant to North Carolina General Statute §45-21.10(b), any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale, a cash deposit of five (5%) of the amount of the bid, or the sum of Seven Hundred Fifty Dollars ($750.00), whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Trustee tenders a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statute §§45-21.30(d) and (e).
To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following:
a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and
b. 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 to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 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 provided the notice of termination. 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.
PLEASE TAKE NOTICE that if you have been granted a Discharge of Debtor pursuant to Section 727 of Title 11, United States Bankruptcy Code, or are currently under the protection of the Bankruptcy Court, then this attempt at collection is not directed to you personally, but is only an effort to secure the property which is subject to the lien of the Association Dues, or in the alternative, is an attempt to collect only post-bankruptcy assessments.
This sale will be held open ten (10) days for upset bids as required by law.
This the December 21, 2015 day of December 21, 2015, 12/21/15.
Tina Frazier Pace, Trustee
NC State Bar No 20968
HATCH, LITTLE & BUNN, LLP
327 Hillsborough Street
P. O. Box 527
Raleigh, North Carolina 27602
The Wake Forest Weekly
Jan. 7, 14, 2016
- State News Today