NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on July 27, 2006, a certain Security Deed was executed by Dorothy T. Kelly as grantor(s) in favor of 1st Mariner Mortgage as grantee, and was recorded on August 7, 2006, in Deed Book 8541, in Page 322, as Instrument Number 20060026182 in the Office of the Superior Court of Muscogee County, State of Georgia; and
WHEREAS, the Security Deed 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 Security Deed is now owned by the Secretary, pursuant to an assignment dated July 29, 2021 and recorded on August 17, 2021, in Book 13527, in Page 18, as Instrument Number 20210026429 in the office of the Superior Court of Muscogee County, State of Georgia; and
WHEREAS, a default has been made in the covenants and conditions of the Security Deed in that the payment due on the death of the borrower(s), was not made and remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the loan to currency; and
WHEREAS, the entire amount delinquent as of October 10, 2025 is $163,217.62; and
WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Security Deed 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, notice is hereby given that on December 2, 2025 between the hours of 9:00 a.m. and 4:00 p.m. local time, all real and personal property at or used in connection with the following described premises ("Property") will be sold at public auction to the highest bidder:
All that lot, tract or parcel of land situate, lying and being in Columbus, Muscogee County, Georgia and being known and designated as LOT 16, BLOCK 38, FIRST ADDITION TO EAST HIGHLANDS, and being more particularly described as follows:
BEGINNING at the northwest intersection of Sixteenth Avenue and 18th Street (formerly known as Wildwood Drive) and running thence West along the North line of 18th Street, a distance of fifty (50) feet; running thence North along the line dividing Lots 15 and 16, in said Block 38, a distance of one hundred fifty (150) feet; running thence East along the Northerly line of said Lot 16, a distance of fifty (50) feet to the West side of 16th Avenue; running thence South along the West side of 16th Avenue, a distance of one hundred fifty (150) feet to the point of beginning, and being the identical property conveyed by Muscogee Real Estate Company to Mrs. Annie Mitchell be deed dated May 20, 1905 and recorded August 7, 1924 in Deed Book 53, Page 312, in the Office of the Clerk of the Superior Court of Muscogee County, Georgia
Commonly known as: 1529 18th Street, Columbus, GA 31901
Sale will be held at the Courthouse Door of the Muscogee County Superior Court - 100 10th Street, Columbus GA 31901
The Secretary of Housing and Urban Development estimated bid will be $163,979.09.
There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorata 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 $16,397.91 (10% of Secretary's bid) in the form of a certified check or cashier's check made out to the Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $16,397.91 must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30 days of the sale or at 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 highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date 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 cashier's 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 representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD 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(s) 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.
The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the grantor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the security deed agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier's check payable to the Secretary of HUD, before public auction of the property is completed.
The amount that must be paid if the security deed is to be reinstated prior to the scheduled sale is based upon the nature of the breach, this loan is not subject to reinstatement. A total payoff is required to cancel the foreclosure sale or the breach must be otherwise cured. A description of the default is as follows: FAILURE TO PAY THE PRINCIPAL BALANCE AND ANY OUTSTANDING FEES, COSTS, AND INTEREST WHICH BECAME ALL DUE AND PAYABLE BASED UPON THE OF ALL GRANTORS OF THE PROPERTY, CEASING TO USE THE PROPERTY AS THE PRINCIPAL RESIDENCE.
Tender of payment by certified or cashier's check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.
Dated this 28th date of October, 2025
Summer Parker
Halliday, Watkins & Mann, P.C.
Foreclosure Commissioner
244 Inverness Center Drive
Suite 200
Birmingham, AL 35242
Phone: (801) 355-2886
Fax: (801) 328-9714
HWM File: GA21226
IPL0287367
Nov 5,12,19 2025