ERNEST U. LANG AND JO ANN LANG- OCTOBER 20, 2016

NOTICE OF DE FAULT
AND FORECLOSURE SALE
WHEREAS, on November 27, 2002,
a certain Adjustable Rate Home Equity
Conversion Mortgage was executed by
Ernest U. Lang and Jo Ann Lang, as
mortgagors, in favor of Alliance Mortgage
Company, as mortgagee, which was recorded
December 12, 2002 in Liber 2323,
Page 669, Berrien County Records; and,
WHEREAS the mortgage was insured
by the United States Secretary of Housing
and Urban Development (the “Secretary”)
pursuant to the National Housing
Act for the purpose of providing single
family housing; and,
WHEREAS the mortgage is now held
by the Secretary, through assignment as
documented by an Assignment of Mortgage,
dated May 20, 2008 and recorded
August 11, 2008 in Liber 2854, Page
1079, Berrien County Records; and,
WHEREAS the mortgage at Paragraph
(9)(a)(i) states that “Lender may require
immediate payment in full of all sums secured
by this Security Instrument if . . . [a]
Borrower dies and the Property is not the
principal residence of at least one surviving
Borrower;” and,
WHEREAS Ernest U. Lang died on
March 8, 2005; and,
WHEREAS Jo Ann Lang died on August
4, 2015, and there is no other borrower
occupying the property; and,
WHEREAS the debt secured by
the mortgage has been accelerated
and is due and owing in the amount of
$194,770.68 as of September 16, 2016,
and which remains wholly unpaid, as of
today’s date; and,
WHEREAS the debt must be paid in
full to avoid foreclosure of the property
commonly known as: 1510 Platt St.,
Niles, Michigan; and,
WHEREAS, by virtue of this default,
the Secretary has declared the entire
amount of the indebtedness secured by
the mortgage to be immediately due and
payable;
NOW THEREFORE, pursuant to powers
vested in me by the Single Family
Mortgage Foreclosure Act of 1994, 12
U.S.C. § 3751 et seq., by 24 CFR part 27,
subpart B, and by the Secretary’s designation
of me as Foreclosure Commissioner,
recorded on November 8, 2010
at Liber 2938, Page 718, Berrien County
Records,
NOTICE IS HEREBY GIVEN that on
Thursday, November 17, 2016 at 11:00
a.m. local time, the real property located
in the Township of Niles, County of Berrien,
State of Michigan, the below described
will be sold at public auction to
the highest bidder:
Lot Eight (8) of “Mission Hills”, SW
¼ of Section 27, Township 7 South,
Range 17 West, Niles Township, Berrien
County, Michigan, according to
the plat thereof recorded in the Office
of the Register of Deeds for said county
in Liber 11 of Plats, Page 50
Tax Parcel No: 14-5000-0008-00-6
C ommonly known as: 1510 Platt St.
The sale will be held at the Berrien
County Circuit Courthouse, which is located
at 811 Port St., St. Joseph, Michigan.
The Secretary of Housing and Urban
Development may bid any amount
up to and including the total debt at the
date of sale, plus any and all amounts
recoverable under the provisions of the
mortgage.
There will be no proration of taxes,
rents or other income or liabilities, except
that the purchaser will pay, at or before
closing, his 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 successful bid in
the form of a certified check or cashier’s
check, made payable to the Secretary of
HUD. Each oral bid need not be accompanied
by a deposit. If the successful bid
is oral, a deposit of 10% of the successful
bid must be presented when the bidding
is closed. The deposit is nonrefundable.
The remainder of the purchase price
must be delivered within 30 days of the
sale or 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 will pay all conveyancing
fees, all real estate and other taxes
that are due on or after the delivery of the
remainder of the payment and all other
costs associated with the transfer of title.
At the conclusion of the sale, the deposits
of the unsuccessful bidders 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 of
$500.00, paid in advance. The extension
fee shall be in the form of a certified or
cashiers check made payable to the Secretary
of HUD. If the high bidder closes
the sale prior to the expiration of any extension
period, the unused portion of the
extension fee shall be applied toward the
amount due.
If the high bidder is unable to close the
sale within the required period, or within
any extensions of time granted by the
Secretary, the high bidder may be required
to forfeit the cash deposit or, at
the election of the Foreclosure Commissioner
after consultation with the HUD
Field Office representative, will be liable
to HUD for any costs incurred as a result
of such failure. The Commission 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 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 mortgage cannot be “reinstated”
prior to sale, as the event triggering acceleration
was not a default in payments.
Payment of the entire outstanding balance
of the mortgage debt is required to
stop the foreclosure. The “outstanding
balance” includes amounts that would
be due under the mortgage agreement
if payments under the mortgage had
not been accelerated, advertising costs,
posting costs and postage expenses incurred
in giving notice, mileage by the
most reasonable road distance for posting
notices, 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 and all
other costs incurred in connection with
the foreclosure prior to the sale.
Date: September 30, 2016
Jeffrey R. Raff
Foreclosure Commissioner for the
United States
Secretary of Housing and Urban Development
Trott Law, P.C.
31440 Northwestern Hwy., Ste. 200
Farmington Hills, MI 48334
(248) 642-2515
STATE OF MICHIGAN
COUNTY OF OAKLAND
On this 30th day of September, 2016,
before me, a Notary Public in and for
Oakland County, appeared Jeffrey R.
Raff, Foreclosure Commissioner for
the Secretary of Housing and Urban
Development, to me personally known
and being duly sworn did say that said
instrument was signed and did acknowledge
the same to be his free act and
deed.
Danielle Plucinski
Notary Public, Oakland County, Michigan
Commission Expires: 1/2/2022
Drafted by and when recorded return
to:
Kevin Majewski (P79292)
Trott Law, P.C.
31440 Northwestern Hwy., Ste. 200,
Farmington Hills, MI 48334
T&T No.: 465988L01
Publish Oct. 20, 27 and Nov. 3, 2016