Daily Legal News - Miscellaneous Legal Notices

  • OTICE OF DEFAULT ANDFORECLOSURE SALELEGAL NOTICENotice is hereby given that a Notice of Default & Foreclosure Sale was recorded in the Cuyahoga County Recorder’s office.WHEREAS, on November 24, 2003, an Adjustable Rate Open-End Mortgage was executed by Elizabeth Mardigian, an unmarried woman, as mortgagor (grantor) in favor of Excel Mortgage Corporation, as mortgagee (grantee) and was recorded on January 2, 2004, in Instrument Number 200401020355, in the Office of the Recorder, Cuyahoga County, Ohio; andWHEREAS, the Mortgage was insured by the United States Secretary of Housing and Urban De-velopment (the Secretary) pursuant to the National Housing Act for the purpose of providing sin-gle family housing; andWHEREAS, the Mortgage is now owned by the Secretary, pursuant to an assignment dated De-cember 31, 2014, and recorded on February 4, 2015 in Instrument Number 201502040012, in the Office of the Recorder, Cuyahoga County, Ohio; andWHEREAS, the entire amount delinquent as of May 23, 2019 is $236,353.31; andWHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebted-ness secured by the Mortgage to be immediately due and payable; andNOW THEREFORE, pursuant to powers vested in me by the Single Family Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR Part 27 subpart B, and by the Secre-tary's designation of me as Foreclosure Commissioner, recorded on April 17, 2019, in Instrument #: 201904170597, notice is hereby given that, on August 13, 2019 at 10:00 a.m. 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(s):Beginning on the Westerly line of Walton Road, 60 feet wide, as shown by the Walton Road Alternation-Vacation and Dedication Plat at its intersection with the Easterly prolongation of the Northerly line of said Sublot No. 66; Thence Southerly along the Westerly line Walton Road to its intersection with the Easterly prolongation of the Northerly line of land conveyed to Clara M. Weeks by deed dated September 24, 1940, and recorded in Volume 5144, Page 671 of Cuyahoga County Records; Thence Westerly along said Easterly prolongation and along the Northerly line of land so conveyed to Clara M. Weeks and the Westerly prolongation thereof to the Westerly line of said Sublot 66; Thence Northerly along the Westerly line of said Sublot No. 66, 165 feet to the Northwesterly corner thereof; Thence Easterly along the Northerly line of said Sublot No. 66; and the Easterly prolongation thereof to the place of beginning, as appears by said plat, be the same more or less, but subject to all legal highways.Commonly Known As: 7188 Walton Road, Bedford, OH 44146

    Permanent Parcel Number: 79407009

    The Sale will be held in the Lobby of the Cuyahoga County Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113.

    The Secretary of Housing and Urban Development will bid an amount to be determined. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser(s) will pay, at or before closing, his (their) pro-rata 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 10% of the purchase price in the form of a certified check or cashier's check made out to the U.S. Dept of Housing and Urban Development. Each oral bid need not be accompanied by a deposit. If the successful bid is oral, a deposit of 10% of the purchase price must be presented before the bid-ding is closed. The deposit is nonrefundable. The remainder of the purchase price must be deliv-ered 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(s) will pay all conveyancing fees, all real estate and other taxes that are due on or after the date of closing and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidder(s) 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 paid in advance. The extension fee shall be paid in the form of a certified or cashier's check made payable to the U.S. Dept of Housing and Urban Development. If the high bidder(s) close(s) the sale prior to the expiration of any exten-sion period, the unused portion of the extension fee shall be applied toward the amount due at clos-ing.

    If the high bidder(s) is/are unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidders' deposit will be forfeited, and 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 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 docu-mented 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 U.S. Dept of Housing and Urban Develop-ment, before public auction of the property is completed.

    In the case of a foreclosure involving a monetary default, the amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is the entire amount of principal and in-terest which would be due if payments under the mortgage had not been accelerated. In the case of a foreclosure involving a non-monetary default, the amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is (i) all amounts due under the mortgage agreement (ex-cluding additional amounts which would have been due if mortgage payments had been accelerat-ed); (ii) all amounts of expenditures secured by the mortgage; and (iii) all costs of foreclosure in-curred for which payment from the proceeds of foreclosure is provided in 12 U.S.C. 3751, includ-ing advertising costs and postage expenses incurred in giving notice, mileage by the most reasona-ble 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 fore-closure sale shall be submitted to the address of the Foreclosure Commissioner provided below.

    Kriss D. Felty, HUD Foreclosure Commissioner, 1001 Lakeside Ave., Suite 1300, Cleveland, OH 44114, (216) 588-1500

    Jul23-30Aug6, 2019

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