WILLIAM P. LIEBETRAU

AMENDED NOTICE OF DEFAULT AND FORECLOSURE SALE

WHEREAS, on June 26, 2003, a certain Adjustable Rate Home Equity Conversion Mortgage was executed by William P. Liebetrau and Vivian L. Liebetrau, as mortgagors, in favor of Wells Fargo Home Mortgage, Inc., as mortgagee, which was recorded August 5, 2003 at Liber 2413, Page 277, 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 and Other Loan Documents, dated August 6, 2007 and recorded December 11, 2007 at Liber 2822, Page 93, 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 William P. Liebetrau died on December 9, 2003 and there is no other borrower occupying the property; and,

WHEREAS Vivian L. Liebetrau has vacated the premises 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 $236,331.38 as of May 5, 2021, 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: 527 N. Philip Rd., 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 August 24, 2020 at Liber 3287, Page 2916, Berrien County Records,

NOTICE IS HEREBY GIVEN that on Friday, June 25, 2021 at 11:00 a.m. has been adjourned to Friday, July 23, 2021 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 30, Mission Hills, according to the plat thereof recorded February 5, 1947 in Volume 11 of Plats, Page 50, Berrien County Records.  Excepting therefrom the East 195 feet of said Lot 30.

Commonly known as: 527 N. Philip Rd.

Tax Parcel No: 14-5000-0030-01-0

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.

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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: June 28, 2021                                                                                                               

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 28th^th day of June, 2021, 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

My Commission Expires: February 5, 2025

Drafted by and when recorded return to:
Gary C. Bengtson (P57250)
Trott Law, PC
31440 Northwestern Hwy., Ste. 145, Farmington Hills, MI  48334
Trott # 485018L03