PUBLIC NOTICE

MORTGAGE FORECLOSURE SALE

Default having being made in the payment of the indebtedness secured by that certain mortgage dated January 15, 2005 executed by Byron Joe Gardner and Sandy Gardner, husband and wife, in favor of Mortgage Electronic Registration Systems, Inc. solely as a nominee for Amerigroup Mortgage Corporation, said Mortgage being recorded January 26, 2005, in Book 297, Page 456, in the Office of the Judge of Probate of Coffee County, Enterprise Division, Alabama; having later been assigned to Ditech Financial LLC by instrument recorded in Book 840, Page 332, in the Office of the Judge of Probate of Coffee County, Enterprise Division, Alabama. Said default continues and notice is hereby given that the undersigned, Ditech Financial LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse, Coffee County, Enterprise Division, Alabama on 10/10/2019, during the legal hours of sale, the following described real estate situated in Coffee County, Enterprise Division, Alabama, to-wit:

All that certain parcel of land situated in the County of Coffee, State of Alabama, being known and designated as Lot 10, Block “D”, Pinedale Estates Subdivision, an addition to the City of Enterprise, Coffee County, Alabama, as shown on plat of same as recorded in Plat Book 2, Page 10, in the office of the Judge of Probate, COFFEE County Records. Being the same property as conveyed from James W. Williams and Beverly D. Williams, to Bryon Joe Gardner and Sandy J. Gardner, as set forth in Deed Book 278 Page 780, recorded 7/28/04.

For informational purposes only, the property address is: 509 Whispering Pines, Enterprise, AL 36330. Any property address provided is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description referenced herein shall control.

THIS PROPERTY WILL BE SOLD ON AN “AS-IS, WHERE-IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESS OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO. 

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This sale is made for the purpose of paying the indebtedness secured by mortgage as well as the expenses of foreclosure, including a reasonable attorney’s fees and other purposes set out in said mortgage.

Ditech Financial LLC

Paul K. Lavelle, Esq.

Attorney for Mortgagee

Spina, & Lavelle, P.C.

One Perimeter Park South-Suite 400N

Birmingham, Alabama 35243

(205) 298-1800

19-01211

8/21, 8/28, 9/4/2019