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  3. Foreclosure

NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on November 21, 2003, a certain Deed of Trust was executed by Harry Durden and Carrie J. Durden, as trustor(s), in favor of Wells Fargo Home Mortgage, Inc., a California Corporation, its successors and assigns as beneficiary, and was recorded on November 26, 2003, in Book 2088, in Page 108-116, as Instrument Number 200342391 in the Office of the Chancery Clerk of Jackson, County, State of Mississippi; and WHEREAS, the Deed of Trust 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 Deed of Trust is now owned by the Secretary, pursuant to an assignment dated February 17, 2015 and recorded on March 16, 2015, in Book 3267, in Page 468-468, as Instrument Number 201503790 in the office of the Chancery Clerk of Jackson County, State of Mississippi; and WHEREAS, a default has been made in the covenants and conditions of the Deed of Trust 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 May 11, 2026 is $100,643.11 and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust 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.,(the "Act") by 24 CFR part 27, subpart B, and by the Secretary's designation of me as Foreclosure Commissioner, notice is hereby given that on July 1, 2026 at the legal hours of sale (being between the hours of 11:00 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: Commencing at the Southwest corner of the intersection of Testament Street and Tucker Street in the City of Pascagoula, Jackson County, Mississippi, run South 0 degrees 22 minutes East, 101 feet along West property line of Testament Street to a POINT OF BEGINNING. Thence South 0 degrees 22 minutes East, along the West property line of Testament Street, 50 feet; thence North 81 degrees 52 minutes West, 129.4 feet; thence North 0 degrees 22 minutes West, 50 feet; thence South 81 degrees 52 minutes East, 129.4 feet to the POINT OF BEGINNING. Also the following personal property now located within the dwelling building situated on said lot or parcel of land consisting One Electric Refrigerator, One Gas Cooking Stove, One Space Heater, and One Gas Hot water Heater. Subject to an easement or right of way for utility purposes, described as follows: The South 3 feet of said parcel. The above described parcel of land being a part of Lot 12, V. Delmas, Jr. Tract, a part of the Northeast one-fourth of Regular Section 11 (Claim Section 7), Township 8 South, Range 6 West, as recorded in "Record D", Book No. 8, Page 267, in the Office of the Clerk of the Chancery Court, Jackson County, Mississippi. Being the same property as that recorded in Deed Book 142 at Page 58, Land Deed Records of Jackson County, Mississippi. LESS AND EXCEPT For a POINT OF BEGINNING commence at the Southeast corner of that property described at Jackson County, Mississippi, Land Deed Book 142, Page 58, and run thence 12 feet Westerly along the Southern boundary of the property described in said deed; thence run Northeasterly to a point on the Northern boundary of that property described at the above book and page which lies 7 feet Westerly of the Northeast corner of the property described at said book and page; thence run easterly to the Northeast corner of that property described at said book and page; thence run Southerly to the POINT OF BEGINNING. Being the same property as that recorded in Deed Book 557 at Page 214, Land Deed Records of Jackson County, Mississippi Commonly known as: 2721 Testament Street, Pascagoula, MS 39567 This sale will take place at the main front door of the Circuit Court Building in Pascagoula. The Secretary of Housing and Urban Development estimated bid will be $102,457.40. 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 $10,245.74 (10% of the 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 $10,245.74 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 trustor 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 deed of trust 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 deed of trust 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 DEATH OF BY ALL TRUSTORS FROM 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 12th day of May, 2026. Michael Lindsey Halliday, Watkins & Mann, P.C. Foreclosure Commissioner 244 Inverness Center Drive, Suite 200 Birmingham, AL 35242 Phone: (801) 355-2886 HWM File: MS22433 IPL0342038 Jun 10,17,24 2026
Post Date: 06/10 12:00 AM
Refcode: #IPL0342038 
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