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STATE OF NORTH CAROLINA WAKE COUNTY IN THE GENERAL COURT OF JUSTICE BEFORE THE CLERK 25SP001154-910 IN RE: FORECLOSURE OF A LIEN HELD BY MALLARD CROSSING HOMEOWNERS' ASSOCIATION, INC., FOR PAST DUE ASSESSMENTS UPON 4317 SCAUP COURT RALEIGH, NORTH CAROLINA, AKA BEING ALL OF LOT 96, MALLARD CROSSING SUBDIVISION, PHASE II, AS SHOWN ON A PLAT THEREOF RECORDED IN BOOK OF MAPS 1987, PAGE 952, AND AS RE-RECORDED IN BOOK OF MAPS 1988, PAGE 695, OF THE WAKE COUNTY REGISTRY, WHICH IS TITLED TO: JOSE GUERRERO BERNARDINA T. GUERRERO NOTICE OF FORECLOSURE SALE OF REAL ESTATE Foreclosure of Lien filed with the Clerk of Superior Court on May 9, 2023, file #23M002605-910. Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Mallard Crossing Homeowners' Association, Inc. and recorded in the Office of the Register of Deeds for Wake County, North Carolina in Book 3384, Page 546, and because of default in the payment of the indebtedness thereby secured and pursuant to the demand of the owner and holder of the indebtedness secured by said Lien, and pursuant to the Order of the Clerk of Superior Court for Wake County, North Carolina, entered in this foreclosure proceeding, Law Firm Carolinas, the appointed Trustee, will expose for sale at public auction on October 29, 2025 at 3:00 PM at the usual place of sale at the Wake County Courthouse, Raleigh, North Carolina, the following described real property (including the house, if any and any other improvements thereon): Being all of Lot 96, Mallard Crossing Subdivision, Phase II, as shown on a plat thereof recorded in Book of Maps 1987, Page 952, and as re-recorded in Book of Maps 1988, Page 695, of the Wake County Registry. Property address: 4317 Scaup Court, Raleigh, NC 27616. Present Owner(s): Jose C. Guerrero, Bernardina T. Guerrero . The sale will be made subject to all prior sales and releases and to all deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases, and other matters of record, if any. Pursuant to N.C.G.S §45-21.10(b), any successful bidder will be required to deposit with Law Firm Carolinas, the Trustee, immediately upon conclusion of the sale a cash deposit not to exceed the greater of Five Percent (5%) of the bid amount or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price in cash or certified check at the time Law Firm Carolinas, the Trustee, tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at the time, he shall remain liable on his bid as provided for in N.C.G.S §45-21.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law. An order for possession of the property may be issued pursuant to N.C.G.S. §45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. LAW FIRM CAROLINAS, Post Office Box 41027, Greensboro, North Carolina 27404-1027. Telephone: (336) 378-1899. Signed: October 14, 2025. Jonathon L. Woodruff, Attorney for the Trustee IPL0282081 Oct 16,23 2025
Post Date: 10/16 12:00 AM
Refcode: #IPL0282081 
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