DUS TOH CO iJ TY NOTICE OF TRUSTEE'S SALE AND APPOINTMENT OF CSliBStfttrfi: ,2: 51

Page created by Frank Lucas
 
CONTINUE READING
DUS TOH CO iJ TY NOTICE OF TRUSTEE'S SALE AND APPOINTMENT OF CSliBStfttrfi: ,2: 51
C&M No. 44-21-0242/ FILE NOS                                                                       ,: r   0
                                                                                          :+DUS TOH       CO iJ~ TY

 NOTICE OF TRUSTEE'S SALE AND APPOINTMENT OFCSliBStfttrfi:
                         TRUSTEE          2021APR 22 , 2: 51
Assert and protect your rights as a member of the armed forces of the. ifnited' Sta:i~Yti you
are or your spouse is serving on active military duty, including active military duty as a
member of the Texas National Guard or the National Guard of another state or as a member
of a reserve component of the armed forces of the United States, please send written notice of
the active duty military service to the sender of this notice immediately. Sender is: Codilis &
Moody, P.C., 400 North Sam Houston Parkway East, Suite 900A, Houston, Texas 77060

         INSTRUMENT BEING FORECLOSED AND MORTGAGE SERVICER INFORMATION

Deed of Trust dated May 26, 2006 and recorded under Clerk's File No. 064830, in the real property records of
HOUSTON County Texas, with Tommy M. Tabor, a married person and Frances T. Tabor signing pro forma to
perfect lien only as Grantor(s) and Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for
BSM Financial, L.P. DBA BankSource Mortgage, its successors and assigns as Original Mortgagee.

Deed of Trust executed by Tommy M. Tabor, a married person and Frances T. Tabor signing proforma to perfect
lien only securing payment of the indebtedness in the original principal amount of $110,000.00 and obligation
therein described including but not limited to the promissory note and all modifications, renewal and extensions of
the promissory note (the "Note") executed by Tommy M. Tabor. Wilmington Savings Fund Society, FSB, d/b/a
Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust is the current mortgagee
(the "Mortgagee") of the Note and Deed of Trust or Contract Lien.

The Mortgage Servicer is authorized to represent the Mortgagee by virtue of a servicing agreement with the
Mortgagee. Pursuant to the Servicing Agreement and Texas Property Code 51 .0025, the Mortgage Servicer is
authorized to collect the debt and to administer any resulting foreclosure of the property securing the above
referenced loan. Selene Finance LP is acting as the Mortgage Servicer for the Mortgagee. Selene Finance LP, is
representing the Mortgagee, whose address is: 9990 Richmond Avenue, Suite 400S, Houston, TX 77042-4546.

Legal Description:
ALL THAT CERTAIN LOT TRACT OR PARCEL OF LAND BEING LOT FOUR (4) OF BLOCK TWO
(2) IN ENCHANTED ESTATES SUBDIVISION, SECTION C TO THE CITY OF CROCKETT OUT OF
AND A PART OF THE A.E. GOSSETT SURVEY A-423 AND BEING MORE PARTICULARLY
DESCRIBED IN THE PLAT OF SAID SUBDIVISION AS RECORDED IN VOLUME lA, PAGE 128 OF
THE PLAT RECORDS OF HOUSTON COUNTY, TEXAS.

                                             SALE INFORMATION

Date of Sale: 06/01/2021                     Earliest Time Sale Will Begin: 1:00 PM

Location of Sale:           The place of the sale shall be: HOUSTON County Courthouse, Texas at the following
location : At the eastside of the Houston County Courthouse, unless inclement weather, then the lst floor lobby of
the Houston County Courthouse, or if the preceding area is no longer the designated area, at the area most recently
designated by the County Commissioner's Court

                                                TERMS OF SALE

A default has occurred in the payment of said herein referenced indebtedness, and the same is now wholly due, and
the Mortgagee and/or Mortgage Servicer has requested the hereinafter appointed Substitute Trustee to sell said
property to the highest bidder for cash and to distribute or apply the proceeds of said sale in accordance with the
terms of said Deed of Trust.

The Sale will be conducted as a public auction to the highest bidder for cash, except that Mortgagee' s bid may be by
credit against the indebtedness secured by the lien of the Deed of Trust. Pursuant to the Deed of Trust, the
::~::::e has the right to direct the Trustee toll[IJ~~iJfmll~J~f~lillJ~rcels and/or to sell all or only part
HOUSTON
                                                              4731121
of the property. Pursuant to Section 51.009 of the Texas Property Code, the Property will be sold in "AS IS,"
"WHERE IS" condition, without any express or implied warranties, except as to the warranties of title, if
any, provided for under the Deed of Trust.

The sale will begin at the earliest time stated above, or within three (3) hours after that time. If the sale is set aside
for any reason, the Purchaser at the sale shall be entitled only to a return of the funds paid. The Purchaser shall have
no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney.

THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE
PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF
SALE. THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF
THE MORTGAGEE OR MORTGAGE SERVICER.

WHEREAS, in my capacity as attorney for the Mortgagee and/or Its Mortgage Servicer, and pursuant to Section
51.0076 of the Texas Property Code, I HEREBY APPOINT AND DESIGNATE Allan Johnston, Robert
LaMont, Sheryl LaMont, Harriett Fletcher, David Sims, Sharon St. Pierre, Ronnie Hubbard, Thomas
Delaney, Danya Gladney, Aaron Demuth, Codilis & Moody, P.C., or ServiceLink Agency Sales And Posting,
as Substitute Trustee.

The address for the Substitute Trustee for purposes of Section 51.0075(e) of the Texas Property Code is:
Codilis & Moody, P.C.
400 N. Sam Houston Pkwy E, Suite 900A
Houston, TX 77060
(281) 925-5200

Executed on 041191202 1.

                                                        Isl Lisa Collins SBOT No. 24115338, Attorney at Law
                                                        Codilis & Moody, P.C.
                                                        400 N. Sam Houston Pkwy E, Suite 900A
                                                        Houston, TX 77060
                                                        (281) 925-5200

Posted and filed by:   .~ ~
Printed Name:   Sharon St. Pierre 4/22/2021

C&M No. 44-21-0242
Notice of Foreclosure Sale                       FILED
                                                                                   tteusror~   couHJY
                                                                                    CCUNT ( C ERK
1.     Property to Be Sold.    The property to be sold is described as   follow~02 !   APR 26 p 2: 44
                                                                                                  1
                                                                                                      '}

       The Property (including any and all improvements) being 10.213 acres ifiOP '"dritessi~, hlib\\fu as
       Tract #4 in Houston County, being more fully described by metes and bounds in field notes on
       Exhibit "A" in the deed oftrust identified below.

2.     Instrument to be Foreclosed. The instrument to be foreclosed is the deed of trust, executed by
RaiIUly Vu Nguyen, Grantor, recorded in Instrument No. 1902537 of the real property records of Houston
County, Texas.

3.     Date, Time, and Place of Sale.     The sale is scheduled to be held at the following date, time, and
place:

       Date:       Tuesday, June l, 2021

       Time:       The sale will begin no earlier than 1:00 P.M. or no later than three hours thereafter. The
                   sale will be completed by no later than 4:00 P.M.

       Place:      Houston County Courthouse in Crockett, TX, at the following location: 401 E. Houston
                   Ave., Crockett, TX 75835, at the east side of the Houston County Courthouse, or as
                   officially designated.

         The deed of trust permits the beneficiary to postpone, withdraw, or reschedule the sale for another
day. In that case, the trustee or substitute trustee under the deed of trust need not appear at the date, time,
and place of a scheduled sale to a1U1ounce the postponement, withdrawal, or rescheduling. Notice of the
date of any rescheduled foreclosure sale will be reposted and re-filed in accordance with the posting and
filing requirements of the Texas Property Code. The reposting or re-filing may be after the date originally
scheduled for this sale.

4.      Terms of Sale . The sale will be conducted as a public auction to the highest bidder for cash,
subject to the provisions of the deed of trust permitting the beneficiary thereunder to have the bid credited
to the note up to the amount of the unpaid debt secured by the deed of trust at the time of sale.

       Those desiring to purchase the property will need to demonstrate their ability to pay cash on the
day the property is sold.

        The sale will be made expressly subject to any title matters set forth in the deed of trust, but
prospective bidders are reminded that by law the sale will necessarily be made subject to all prior matters
of record affecting the property, if any, to the extent that they remain in force and effect and have not been
subordinated to the deed of trust. The sale shall not cover any part of the property that has been released
of public record from the lien of the deed of trust. Prospective bidders are strongly urged to examine the
applicable property records to determine the nature and extent of such matters, if any .

        Pursuant to the deed of trust, the beneficiary has the right to direct the Trustee to sell the property
in one or more parcels and/or to sell all or only part of the property.
Pursuant to section 51.009 of the Texas Property Code, the property will be sold in "as is, where
is" condition, without any express or implied warranties, except as to the warranties oftitle (if any)
provided for under the deed of trust. Prospective bidders are advised to conduct an independent
investigation of the nature and physical condition of the property.

       Pursuant to section 51. 007 5 of the Texas Property Code, the trustee reserves the right to set further
reasonable conditions for conducting the sale. Any such further conditions shall be announced before
bidding is opened for the first sale of the day held by the trustee or any substitute trustee.

5.     Type ofSale . The sale is a non-judicial deed of trust lien foreclosure sale being conducted
pursuant to the power of sale granted by the deed of trust executed by Rainny Vu Nguyen.

6.      Obligations Secured. The deed of trust provides that it secures the payment of the
indebtednesses and obligations therein described (collectively, the "Obligations") including but not
limited to (a) the promissory note in the original principal amount of $54,625.00, executed by Rainny Vu
Nguyen, and payable to the order of Secure Covenant Interests, Ltd; and (b) all renewals and extensions
of the note. Secure Covenant Interests, Ltd is the current owner and holder of the Obligations and is the
beneficiary under the deed of trust.

        As of April 21 , 2021 , there was owed $57,544.18 on the note, being principal and interest in the
following amounts: $54,540.35 of principal and $3 ,003.83 of interest. The note is bearing interest at the
rate of $16.06 per day thereafter.

      Questions concerning the sale may be directed to the undersigned or to the beneficiary, Secure
Covenant Interests, Ltd, 1231 Financial Plaza, Huntsville, Texas 77340; Telephone: (936) 291 -7141.

7.     Default and Request to Act. Default has occurred under the deed of trust, and the beneficiary has
requested me, as substitute trustee, to conduct this sale. Notice is given that before the sale the beneficiary
may appoint another person substitute trustee to conduct the sale.

                                               Co~~ee
        Dated: April 21, 2021

                                               1231 Financial Plaza, Huntsville, TX 77340
                                               Telephone: (936) 661-924 7
HreusroFlL to
                                                                                                                                           Ct:11,     IV co·'u'Mr
                                                                                                                                            {jvA1 1-...,
                                                                                                • • I Cl. -'! }''
                                                                                    202/ /fIf • / O -fffif
                                                   Notice of Substitute Trustee's Sale
Notice Concerning Military Duty: Assert and protect your rights as a member of the a~ep·f?rces of thft1fii¢fl 51
States. If you are or your spouse is serving on active military duty, including active militah ut$7fs'J ~ember '4
of the Texas National Guard or the National Guard of another state or as a member of a reserve c'omilOtllJ{t s
of the armed forces of the United States, please send written notice of the active duty military service to the
sender of this notice immediately. Tex. Prop. Code§ Sl.002(i)

 Deed of Trust Date: March 14, 2013                                               Original Mortgagor/Grantor: HARRY C. JACKSON
                                                                                  AND MARY K. JACKSON
 Original Beneficiary I Mortgagee: JPMORGAN                                       Current Beneficiary I Mortgagee: NEWREZ LLC
 CHASE BANK, N.A. .                                                               DIBIA SHELLPOINT MORTGAGE SERVICING

 Recorded in:                                                                     Property County: HOUSTON
 Volume: n/a
 Page: n/a
 Instrument No: 1301595
 Mortgage Servicer: NEWREZ LLC D/B/A                                              Mortgage Servicer's Address: 55 Beattie Place,
 SHELLPOINT MORTGAGE SERVICING                                                    Suite 110, MS#OO 1, Greenville, SC 29601
                                                                                  ..
* The mortgage servicer 1s authonzed to represent the Mongagee by virtue of a serv1cmg agreement with the Mortgagee. Pursuant to the
Servicing Agreement and Texas Property Code § 51 .0025, the Mortgage Servicer is authorized to collect the debt and to administer any resulting
foreclosure of the property securing the above referenced loan.

Secures: Note in the original principal amount of $60,637.00, executed by HARRY C JACKSON and payable to the
order of Lender.

Property Address/Mailing Address: 129 BRIAR LN, CROCKETT, TX 75835

Legal Description of Property to be Sold: TAX ID NUMBER(S): 14916

LAND SITUATED IN THE CITY OF CROCKETT IN THE COUNTY OF HOUSTON IN THE ST ATE OF TX

0.43 ACRE OUT OF AND A PART OF THE HENRY MASTERS SURVEY, ABSTRACT NO. 53 IN THE CITY
OF CROCKETT, HOUSTON COUNTY, TEXAS, AND BEING LOT #33, PART OF LOT #31 AND PART OF
LOT #35, OF THE CRESTWOOD ADDITION RECORDED IN BOOK 1, PAGE 119 OF THE HOUSTON
COUNTY PLAT RECORDS AND ALSO BEING THE SAME LAND DESCRIBED IN A RELEASE OF LIEN
TOR. C. TEDFORD AND WIFE, MARTHA TEDFORD, RECORDED IN VOLUME 1030, PAGE 212, OF THE
OFRCIAL RECORDS OF HOUSTON COUNTY, TEXAS, WHICH 0.43 ACRE MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING ON A 3/8 INCH IRON ROD FOUND FOR THE SOUTH CORNER OF THIS LOT, SAME BEING
THE SOUTH CORNER OF THE NORTH EAST 1/2 OF LOT 31 , AND THE EAST CORNER OF THE SOUTH
WEST 112 OF LOT 31, OWNED BY THE NOW OR FORMERLY A. C. RAINS RECORDED IN VOLUME 931,
PAGE 495 OF THE OFFICIAL RECORDS OF HOUSTON COUNTY, AND BEING IN THE NORTH WEST
LINE OF BRIAR LANE;

THENCE NORTH 37 DEG 06' 25" WEST 132.69 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER, SAME
BEING THE NORTH CORNER OF THE SAID NOW OR FORMERLY A. C. RAINS LOT AND ALSO BEING
ON OR NEAR THE NORTH WEST LINE OF THE HENRY MASTERS SURVEY, A-53, AND THE SOUTH
EAST LINE OF THE A. E. GOSSETT SURVEY, A-423 ;

THENCE NORTH 55 DEG 05' 18" EAST 145.00 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER, SAME
BEING THE WEST, NORTH WEST CORNER OF THE NOW OR FORMERLY DON R. SPRUILL, PART OF

  11111111111111 I111111111111111111111111111111     II IIIIll II IIll II llll II 111111111111111111111111111111 II I II 11111111111111111111111111111111
LOT 35, RECORDED IN VOLUME 593, PAGE 30 OF THE HOUSTON COUNTY DEED RECORDS;

THENCE SOUTH 37 DEG 05' 07" EAST 126.19 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER, SAME
BEING THE SOUTH CORNER OF ORIGINAL LOT 35, AND LOT 33 SAME BEING THE SOUTH CORNER
OF THE SAID NOW OR FORMERLY DON R. SPRUILL LOT, AND BEING IN THE NORTH WEST R.O.W.
LINE OF SAID BRIAR LANE.

THENCE SOUTH 52 DEG 31' 08" WEST 144.85 FEET TO THE PLACE OF BEGINNING AND CONTAINING
0.43 ACRE OF LAND, MORE OR LESS.

NOTE: THE COMPANY IS PROHIBITED FROM INSURING THE AREA OR QUANTITY OF THE LAND .
THE COMPANY DOES NOT REPRESENT THAT ANY ACREAGE OR FOOT AGE CALCULATIONS ARE
CORRECT. REFERENCES TO QUANTITY ARE FOR IDENTIFICATION PURPOSES ONLY.

COMMONLY KNOWN AS : 129 BRIAR LANE, CROCKETT, TX 75835

I Date of Sale: June 01 , 2021                              I Earliest time Sale will begin: 1:00 PM

Place of sale of Property: Houston County Courthouse, 401 East Houston Avenue, Crockett, TX 75835

OR AS DESIGNATED BY THE COUNTY COMMISSIONER' S OFFICE OR IN THE AREA DESIGNATED BY
THE COMMISSIONER'S COURT, PURSUANT TO SECTION 51.002 OF THE TEXAS PROPERTY CODE

The Substitute Trustee will sell the property by public auction to the highest bidder for cash at the place and date
specified. The sale will begin at the earliest time stated above or within three (3) hours after that time.

Appointment of Substitute Trustee: Default has occurred in the payment of the Note and in the performance of the
obligations of the Deed of Trust, the same is now wholly due. Because of that default, NEWREZ LLC DIB/A
SHEILPOINT MORTGAGE SERVICING, the owner and holder of the Note, has requested Sharon St. Pierre, Ronnie
Hubbard, Allan Johnston, Sheryl LaMont, Robert LaMont, Reid Ruple, Kathleen Adkins, Evan Press whose address
is 1 Mauchly Irvine, CA 92618 or Anna Sewart or Robert LaMont, Sharon St. Pierre, Sheryl LaMont, David Sims,
Allan Johnston or Ronnie Hubbard whose address is 14800 Landmark Blvd., Suite 850, Dallas, TX 75254, to sell the
property. The Trustee(s) has/have been appointed Substitute Trustee in the place of the original trustee, in the
manner authorized by the deed of trust.

Terms of Sale: The Foreclosure Sale will be conducted as a public auction and the Property will be sold to the
highest bidder for cash, except that NEWREZ LLC DIBIA SHELLPOINT MORTGAGE SERVICING bid may be by
credit against the indebtedness secured by the lien of the Deed of Trust.

Pursuant to section 51.009 of the Texas Property Code, the Property will be sold "AS IS," without any expressed or
implied warranties, except as to the warranties (if any) provided for under the Deed of Trust. Prospective bidders are
advised to conduct an independent investigation of the nature and physical condition of the Property.

Pursuant to section 5 l.0075(a) of the Texas Property Code, Sharon St. Pierre, Ronnie Hubbard, Allan Johnston,
Sheryl LaMont, Robert LaMont, Reid Ruple, Kathleen Adkins, Evan Press whose address is l Mauchly Irvine, CA
92618 or Anna Sewart or Robert LaMont, Sharon St. Pierre, Sheryl LaMont, David Sims, Allan Johnston or Ronnie
Hubbard whose address is 14800 Landmark Blvd., Suite 850, Dallas, TX 75254, Trustee reserves the right to set
further reasonable conditions for conducting the Foreclosure Sale. Any such further conditions shall be announced
before bidding is opened for the first sale of the day held by Sharon St. Pierre, Ronnie Hubbard, Allan Johnston,
Sheryl LaMont, Robert LaMont, Reid Ruple, Kathleen Adkins, Evan Press whose address is 1 Mauchly Irvine, CA
92618 or Anna Sewart or Robert LaMont, Sharon St. Pierre, Sheryl LaMont, David Sims, Allan Johnston or Ronnie
Hubbard whose address is 14800 Landmark Blvd., Suite 850, Dallas, TX 75254, Trustee.
Limitation of Damages: If the sale is set aside for any reason, the purchaser at the sale shall be entitled only to a
return of the funds paid. The purchaser shall have no further recourse against Mortgagor, the Mortgagee, or the
Mortgagee' s attorney.

                                                     ~ ¢1.>~ 5-tO·aD~/
                                                        SUBSTITUTE TRUSTEE

                                                    ($liaron St. Pierr3)Ronnie Hubbard, Allan Johnston,
                                              Sheryl LaMont, Robert LaMont, Reid Ruple, Kathleen
                                              Adkins, Evan Press or Anna Sewart or Robert LaMont,
                                              Sharon St. Pierre, Sheryl LaMont, David Sims, Allan
                                              Johnston or Ronnie Hubbard , Trustee

                                                     c/o Robertson, Anschutz, Schneid, Crane &
                                              Partners, PLLC, 10700 Abbott's Bridge Road, Suite 170,
                                              Duluth, Georgia 30097; PH: (470)321-7112
You can also read