HomeMy WebLinkAboutRecorded Doc 2020-059 kb) -059 DOC # 2020-0457797
09/25/2020 01:53 PM Fees: $108.00
RECORDING REQUESTED BY Page 1 of 4
Recorded in Official Records
'<L 5 County of Riverside
ldana
WHEN RECORDED MAIL TO Peter
Assessor-County Clerk-Recorder
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
C/O NOVAD Management Consulting **This document was electronically submitted
2401 NW 23rd Street Suite I Al to the County of Riverside for recording**
Oklahoma City,OK 73107 Receipted by: LISA#580
APN 677-483-007
TS No. 200924291 Space above this line for recorder's purposes
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
NOTICE OF DEFAULT AND FORECLOSURE SALE
Recorded in accordance with 12 USCA 3764(c)
WHEREAS, on 1/26/2005, a certain Deed of Trust was executed by Leroy Houk
and Mary Houk husband and wife as joint tenants as trustor in favor of Wells Fargo Bank,
N.A. as beneficiary, and Fidelity National Title Insurance Company as trustee, and was
recorded on 2/2/2005, as Instrument No. 2005-0093768, in the Office of the County
Recorder of Riverside County, California; 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 beneficial interest in the Deed of Trust is now owned by the
Secretary, pursuant to an Assignment of Deed of Trust dated 4/22/2014, recorded on
5/15/2014, as instrument number 2014-0178698, in the Office of the County Recorder,
Riverside County, California; and
WHEREAS, a default has been made in the covenants and conditions of the Deed
of Trust in that the payment due on 5/7/2019, 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 11/3/2020 is $375,341.84; 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., by 24 CFR part 27, subpart B,
and by the Secretary's designation of Total Lender Solutions, Inc. as Foreclosure
Commissioner, recorded on 9/4/2018 as instrument number 2018-0353951, notice is
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hereby given that on 11/3/2020 at 9:30 AM local time, all real and personal property at or
used in connection with the following described property will be sold at public auction to
the highest bidder:
Legal Description:
LOT 45 OF TRACT NO. 21491, IN THE CITY OF CATHEDRAL CITY, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK
176, PAGES 59 THROUGH 62, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
Commonly known as: 67842 Jane Lane, Cathedral City, CA 92234
The sale will be held at bottom of stairway of building located at 849 West Sixth
Street, Corona, CA. The Secretary of Housing and Urban Development will bid an
estimate of$375,341.84.
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$37,534.18 [10%of the Secretary's bid] in the form of a certified check or cashier's
check made out to the Secretary of HUD. Each oral bid need not be accompanied by a
deposit. If the successful bid is oral, a deposit of$37,534.18 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 high bidder,
he need not pay the bid amount in cash. The successful bidder will pay all conveyancing
fees, all real estate and other taxes that are due on or after the delivery 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 Field Office 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 field office
Representative, offer the Property to the second highest bidder for an amount equal to the
highest price offered by that bidder.
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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 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 amount that must be paid if the Mortgage is to be reinstated prior to the
scheduled sale is $375,341.84, as of 11/2/2020, plus all other amounts that would be due
under the mortgage agreement if payments under the mortgage had not been accelerated,
advertising costs and postage expenses incurred in giving notice, mileage by the most
reasonable road distance for posting notices and for the Foreclosure Commissioner's
attendance at the sale, reasonable and customary costs incurred for title and lien record
searches,the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for
recording documents, a commission for the Foreclosure Commissioner, and all other costs
incurred in connection with the foreclosure prior to reinstatement.
Date: 9/24/2020 Total Lender Solutions, Inc.
U.S. Dept. of D Foreclosure Commissioner
BY:
Max ewman •
10505 Sorrento Valley Road, Suite 125
San Diego, CA, 92121
Phone: 866-535-3736
Fax: 866-242-8599
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A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the
truthfulness,accuracy,or validity of that document.
STATE OF CA
COUNTY OF San Diego
On 9/24/2020 before me,Brittany Anne Lokey,a notary public personally appeared Max Newman who
proved to me on the basis of satisfactory evidence to be the person(whose name (1' re subscribed to
the within instrument and acknowled:ed to me that�e she/the executed the same i er/their
authorized capacitys)
i ,and that ., '/ er/their signature on the instrument the person , or the entity
upon behalf of which the person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
BRITT AN
LOKEY
Notary public-California
Brittany Anne L ey (Seal) l ,, San Diego County €
` wr I Commission#2215973
My Comm.Expires Sep 28,2021
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DOC # 2018-0353951
09/04/2018 01:05 PM Fees: $95.00
Recording Requested by: Page 1 of 3
Recorded in Official Records
County of Riverside
Total Lender Solutions, Inc. Peter Aldana
Assessor-County Clerk-Recorder
WHEN RECORDED MAIL TO:
**This document was electronically submitted
Total Lender Solutions, Inc. to the County of Riverside for recording**
10951 Sorrento Valley Road, Ste 2F Receipted by:TERESA#134
San Diego, CA 92121
TS #
NOTICE OF
FORECLOSURE COMMISSIONER DESIGNATION
DOC#2018-0353951 Page 2 of 3
FORECLOSURE COMMISSIONER DESIGNATION
TO: Total Lender Solutions, Inc.
10951 Sorrento Valley Road, Suite 2F
San Diego, CA 92121
Pursuant to Section 805 of the Single Family Mortgage Foreclosure Act of.1994 ("Act"),
codified at 12 U.S.C. § 3754, and Section B(11) of the Consolidated Redelegation of Authority to
the Office of General Counsel, 76 Fed. Reg. 42463, published on July 18, 2011, Total Lender
Solutions, Inc. is hereby designated as a single family foreclosure commissioner to act on behalf of
the Secretary of Housing and Urban Development to conduct non-judicial foreclosures in the States
of California and Nevada of the mortgages that may be referred to you by the Department of
Housing and Urban Development. A copy of the Act, as codified at 12 U.S.C. §§ 3751-3768, is
enclosed, along with the Final Rule and Appendix published in the Federal Register at 61 Fed. Reg.
48546 on September 13, 1996, codified at 24 C.F.R. part 27, subpart B. Foreclosures that are
referred to you are to be conducted pursuant to the Act, the regulations, and the letter and
instructions that will he given to you at the time of referral of a case.
As foreclosure commissioner, you are a fiduciary and not an employee of the Department of
Housing and Urban Development or of the Federal government. You will be responsible for your
actions as any other fiduciary.
The commission that will be paid to you upon completion of a non judicial foreclosure is
$1,425.00 for California and $1,525.00 for Nevada. A percentage of that amount will be paid for
cases that are withdrawn by HUD, based on the following schedule: 20% for work completed up to
"service" of the Notice of Foreclosure and Sale; and 80% when the Notice of Foreclosure and Sale
has been "served," including the start of publication, or posting if required.
This Designation is effective immediately and can be revoked with or without cause
pursuant to the Act. An original and two copies of this Designation are enclosed. Please sign and
date them, providing your Tax Identification or Social Security Number, notarize, and return one
copy to Kenneth M. Propst at I Sansome Street, 12th Floor, San Francisco, CA 94104.
BEN CARSON
SECRETARY OF HUD
K By: 16~4-46*4‘ C1c�
Dated this 2.4' flay of °" i!12.0! Kenneth M. Propst
Acting Regional Counsel
Enclosures:
12 U.S.C. § 3751-37686
61 Fed. Reg. 48546 (9/13/96)
24 C.F.R., part 27, subpart B
DOC#2018-0353951 Page 3 of 3
California Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
) ss.
County of San Francisco
On (/vet„6.r1 , 20 / before me, e m , Notary Public, personally
appeared Kenneth M. Provost, who proved to me on the basis of satisfactory evidence to he the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. (Seal)
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