NOTICE OF
MORTGAGE
FORECLOSURE SALE
STATE OF ALABAMA
COUNTY OF DEKALB
Default having been made in the indebtedness secured by that certain mortgage executed by Stephen Benton, Penny Benton, Wife, to Regions Mortgage, Inc. dated May 30, 2003; said mortgage being recorded on June 6, 2003, in Book 1129, Page 281, in the Office of the Judge of Probate of De Kalb County, Alabama. Said Mortgage was last sold, assigned and transferred to Green Tree Servicing, LLC in Instrument 3076737 in the Office of the Judge of Probate of De Kalb County, Alabama.
The undersigned, Ditech Financial LLC fka Green Tree Servicing, LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in DeKalb County, Alabama during the legal hours of sale (between 11am and 4pm), on the 22nd day of May, 2019 the following property, situated in De Kalb County, Alabama, to-wit:
All that part of the NE 1/4 of the NW 1/4 of Section 36, Township 9 South, Range 5 East of the Huntsville Meridian and more particularly described as follows: Commencing at the Northwest corner of the NE 1/4 of the NW 1/4 of Section 36, T-9-S, R-5-E of the Huntsville Meridian; thence S89’50’20”E a distance of 437.54 feet to a point; thence S05’30’23”W a distance of 15.59 feet to the point of beginning. From said point of beginning continue S05’30’23”W a distance of 197.74 feet to a point; thence N82’37’06”W a distance of 265.07 feet to a point; thence N07’22’54”E a distance of 87.92 feet to a point on the right-of-way of DeKalb Co. Road #837 and being the point of beginning of a curve to the right having the right-of-way curve data of Delta=34’43’34”, Radius =394.42 feet, Arc=239.05 feet; thence along a chord N70’58’44”E a distance of 235.41 feet to a point; thence N88’20’31 “E a distance of 47.99 feet to the point of beginning, less and except any existing rights-of-way and easements and being a portion of the NE 1/4 of the NW 1/4 of Section 36, T-9-S, R-5-E of the Huntsville Meridian, DeKalb County, Alabama.
Said property is commonly known as 1115 CO Rd 837, Boaz, AL 35957.
The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due. The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.
Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Stephen BentonPenny Benton or tenant(s).
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
DITECH FINANCIAL LLC FKA GREEN TREE SERVICING, LLC
as holder of said mortgage
McCalla Raymer Leibert Pierce, LLC
Two North Twentieth
2 20th Street North, Suite 1000
Birmingham, AL 35203
(800) 275-7171
File No. 9138419
www.foreclosurehotline.net
Publish:
Mountain Valley News
04/25/2019;
05/02/2019; and 05/09/2019.