PUBLIC NOTICE

MORTGAGE FORECLOSURE SALE

Default having being made in the payment of the indebtedness secured by that certain mortgage dated December 27, 2017 executed by Judith Mary Rose, unmarried, in favor of Ditech Financial LLC, said Mortgage being recorded January 29, 2018, in Book 177A, Page 386, 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 10/01/2019, during the legal hours of sale, the following described real estate situated in Coffee County, Enterprise Division, Alabama, to-wit:

A 1.01 acre, more or less, lot or parcel of land in and being a part of the NW 1/4 of the SW 1/4 of Section 30, Township 4 North, Range 20 East, Coffee County, Alabama and being more particularly described as follows: commence at the southwest corner of Section 30 and run N 0 degrees 30 minutes 05 seconds W 2638.68 feet to a point; thence N 87 degrees 34 minutes 41 seconds E 1017.00 feet to an existing 1/2” pipe; and thence S 2 degrees 24 minutes 40 seconds E 210.07 feet to an existing 1/2” pipe and the point of beginning. Run thence S 2 degrees 24 minutes 41 seconds E 210.00 feet to a set 1/2” rebar (cap #CA 0642); thence S 87 degrees 34 minutes 45 seconds W 210.00 feet to a set 1/2” rebar (cap #CA 0642); thence N 2 degrees 24 minutes 09 seconds W 210.00 feet to a set 1/2” rebar (cap #CA 0642); thence N 87 degrees 34 minutes 45 seconds E 209.97 feet to the point of beginning.

Also: ingress/egress easement No.1:

A 0.14 acre, more or less, parcel of land in and being a part of the NW 1/4 of the SW 1/4 of Section 30, Township 4 North, Range 20 East, Coffee County, Alabama and being more particularly described as follows: commence at the southwest corner of Section 30 and run N 0 degrees 30 minutes 05 seconds W 2638.68 feet to a point; thence N  87 degrees 94 minutes 41 minutes E 1017.00 feet to a point on the south side of Coffee County Road #446 (60'  R.O.W.) to an existing 1/2” pipe and the point of beginning. Thence continue along the said R.O.W. S 88 degrees 07 minutes 46 seconds E 30.08 feet to a point (said point being N 88 degrees 07 minutes 46 seconds W 180.54 feet from an existing pin (cap #0449); thence S 2 degrees 24 minutes 40 seconds E 207.82 feet to a point; thence S 87 degrees 34 minutes 45 seconds W 30.00 feet to an existing 1/2” pipe; thence N 2 degrees 24 minutes 40 seconds W 210.07 feet to the point of beginning.

Also: ingress/egress easement no.2:

A 0.14 acre, more or less, parcel of land in and being a part of the NW 1/4 of the SW 1/4 of Section 30, Township 4 North, Range 20 East, Coffee County, Alabama and being more particularly described as follows: commence at the southwest corner of Section 30 and run N  0 degrees 30 minutes 05 seconds W 2638.68 feet to a point; thence N  87 degrees 34 minutes 41 seconds E 1017.00 feet to a point on the south side of Coffee County Road #446 (60' R.O.W.) to an existing 1/2” pipe; thence S 2 degrees 24 minutes 40 seconds E 210.07 feet to an existing 1/2” pipe and the point of beginning. Thence N 87 degrees 34 minutes 45 seconds E 30.00 feet to a point; thence S 2 degrees 24 minutes 40 seconds E 210.00 feet to a point: thence S 87 degrees 34 minutes 45 seconds W 30.00 feet to a set 1/2” rebar (cap # CA0642); thence N 2 degrees 24 minutes 41 seconds W 210.00 feet to the point of beginning.

For informational purposes only, the property address is: 427 County Rd 446, Elba, AL 36323. 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

19-01173

8/28, 9/4, 9/11/2018