NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on May 13, 2010, a certain Fixed Rate Mortgage was executed by Terry R. Stone and Gertrude A. Stone, as mortgagors, in favor of MetLife Home Loans, a Division of MetLife Bank, N.A., as mortgagee, which was recorded May 25, 2010 at Liber 2921, Page 2902, and corrected by Affidavit of Scrivener’s Error dated August 2, 2024 and recorded August 7, 2024 at Liber 3431, Page 2904, 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 owned by the Secretary, through mesne assignments as documented by an Assignment of Mortgage, dated February 7, 2019 and recorded February 7, 2019 at Liber 3228, Page 3108, Berrien County Records; and,
WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that both mortgagors are deceased and the property described below is not the principal residence of at least one surviving Borrower; and
WHEREAS, the entire amount delinquent as of October 22, 2025 is $152,955.72; 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 24, 2020 at Liber 3287, Page 2916, Berrien County Records, notice is hereby given that on Friday, February 6, 2026 at 11:00 a.m. local time, the real property located in the City of Niles, County of Berrien, State of Michigan, the below described will be sold at public auction to the highest bidder:
Lot 11 and the South 1/2 of Lot 10, Miswick Park, part of the Southeast 1/4 of Section 24, Township 7 South, Range 17 West, Niles Township, Berrien County, Michigan, according to the plat thereof recorded July 12, 1957, in Volume
15 of Plats, Page 37, being in Niles Township, Berrien County, Michigan.
Commonly known as: 1223 Jeannine Ct.
Tax Parcel No: 11-14-5100-0011-00-3
The sale will be held at the Berrien County Circuit Courthouse, which is located at 1205 Front St., Niles, Michigan.
The Secretary of Housing and Urban Development will bid $158,118.86.
There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, 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 $15,811.89 [10% of the Secretary’s bid] in the form of a certified check or cashier’s check, made payable to the Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $15,811.89 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 high bidder, he/she/they 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 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 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 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, 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 Secretary of HUD, before public auction of the property is completed.
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 the debt 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: December 8, 2025
Heide M. Myszak
Foreclosure Commissioner for the United States
Secretary of Housing and Urban Development
31440 Northwestern Hwy., Ste. 145
Farmington Hills, MI 48334
STATE OF MICHIGAN )
COUNTY OF OAKLAND ) SS.
On this 8th day of December, 2025, before me, a Notary Public in and for Oakland County, appeared Heide M. Myszak, 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 did acknowledge the same to be her free act and deed.
Name: Karolyn A. Hanna
Notary Public, Macomb County, Michigan
Acting in Oakland County, Michigan
My Commission Expires: February 5, 2031
Drafted by and when recorded return to:
Donna Clifford-Carter (P52369)
Trott Law, PC
31440 Northwestern Hwy., Ste. 145
Farmington Hills, MI 48334
Trott # 516270L02