JAKE HALL

NOTICE OF DEFAULT AND FORECLOSURE SALE

WHEREAS, on August 16, 2006, a certain Mortgage was executed by Jake Hall and Catherine Hall, husband and wife, as joint tenants by the entirety as mortgagor in favor of Financial Freedom Senior Funding Corporation, a Subsidiary of Indy Mac Bank FSB as mortgagee, and was recorded on
August 25, 2006, in Liber 2738, on Page 110, in the Register of Deeds, Berrien County, Michigan; 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 United States Secretary of Housing and Urban Development, through mesne assignments as documented by an Assignment of Mortgage dated
March 31, 2021, and recorded on June 2, 2021, in Liber 3329 on Page 3443.

WHEREAS, the mortgage at Paragraph (9)(b)(i) states that Lender may require immediate payment in full of all sums secured by this Security Instrument if the property ceases to be the principal residence of a borrower for reasons other than death and the property is not the principal residence of at least one other Borrower; and

WHEREAS, the entire amount delinquent as of December 13, 2024 is $50,561.32; 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 August 5, 2024 in Book 3431, Page 1889.

NOTICE IS HEREBY GIVEN that on Monday, February 3, 2025  at 11:00 am local time, the real property located in the City of Inkster, County of Wayne, State of Michigan, will be sold at public auction to the highest bidder:

Lot 17, Block 4, Fairground Addition to the City of Benton Harbor, Michigan, Berrien County, Michigan.
Commonly known as: 885 Mineral Ave, Benton Harbor, MI 49022
Tax Parcel ID# 54-2300-0065-00-7

The sale will be held at Berrien County Courthouse, which is located at 1205 N Front St                                 Niles, MI 49120.

The Secretary of Housing and Urban Development may bid any amount up to and including the total debt at the date as of the date of the sale, plus any and all amounts recoverable under the provision 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 prorata 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 the form of a certified check or cashier’s check made payable to Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of 10% must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered 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 highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date 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 cashier’s 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 representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD 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 documented 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.

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The mortgage cannot be “reinstated” prior to the sale, as the event accelerating the loan 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, including publication 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: __12/20/2024______               _______________________________________
Athena J. Aitas (P61824)
Foreclosure Commissioner for the United States
Secretary of Housing and Urban Development
3290 W. Big Beaver, Ste .117
Troy, MI  48084

STATE OF MICHIGAN )
COUNTY OF OAKLAND ) SS.

On this 20th day of December, 2024, before me, a Notary Public in and for Oakland County, appeared Athena J. Aitas, Foreclosure Commissioner for the United States Secretary of Housing and Urban Development, to me personally known and being duly sworn did say that said instrument was signed and acknowledged the same to be her free act and deed.

_________________________________________
Shanon Marcella, Notary Public
Oakland County, MI acting in Oakland County, MI
My Commission expires: 06/07/2027

Drafted by and when recorded return to:
Athena J. Aitas (P61824)
Hladik, Onorato & Federman, LLC
3290 W. Big Beaver, Ste. 117
Troy, MI 48084

CPL FHA Hall / 24-02176