Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Michele L. Williams and as a single woman, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for The Citizens Bank, on the 4th day of September, 2007, said mortgage recorded in the Office of the Judge of Probate of Coffee County, Alabama, in Book 422 Page 490; said mortgage having subsequently been transferred and assigned to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP, by instrument recorded in OFFREC Book 576 Page 23, in the aforesaid Probate Office; the undersigned Bank of America, N.A., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Enterprise, Coffee County, Alabama, on July 24, 2012, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Coffee County, Alabama, to-wit:
Lot 4, Block B, Phase II, Indian Creek Subdivision, Enterprise, Coffee County, Alabama recorded in Plat Book 3, Page 309 in the Office of Judge of Probate, Enterprise, Coffee County, Alabama.
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, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.
The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.
This sale is subject to postponement or cancellation.
Bank of America, N.A., Mortgagee/Transferee
Andy Saag
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures 257974
6/6, 6/13, 6/20 2012
gregory smith posted at 12:32 am on Wed, Jun 27, 2012.
As with most mortgage foreclosure lawsuits, it starts with a summons and a complaint is issued to the borrower and any other parties with inferior rights in the property. Usually the lenders attorney is the one who issues the notice. The complaint is usually filed in the court where the trial is to be held. Here is the interesting part. Once the borrower has been notified, he or she has 20 days to respond back to the court challenging them on the mortgage foreclosure lawsuit. Once this occurs, the court now has 40 days to respond back to the borrower. Keep in mind that each correspondence must be legit and payday loan deal with some specific part of the complaint.