W00000000 This Instrument Prepared By/Returned to: Michael J Posner, Esq., HUD Foreclosure Commissioner Ward, Damon, Posner, Pheterson & Bleau 4420 Beacon Circle West Palm Beach, …

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W00000000

This Instrument Prepared By/Returned to:

Michael J Posner, Esq., HUD Foreclosure Commissioner

Ward, Damon, Posner, Pheterson & Bleau

4420 Beacon Circle

West Palm Beach, Florida 33407

HECM# 091-4940550

PCN:R 00000000-00-0001-0086

NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on April 20, 2010, a certain Mortgage was executed by Edward A. Maxwell Jr. and Rose Marie Maxwell, husband and wife as Mortgagor in favor of Bank of America, N.A. which Mortgage was recorded April 29, 2010, in Official Records Book 849, Page 238 in the Office of the Clerk of the Circuit Court for Washington County, Florida, (the "Mortgage"); and WHEREAS, the Mortgage was insured by the United States Secretary of Housing and Urban Development (Marcia Fudge) (the "Secretary") pursuant to the National Housing Act for the purpose of providing single family housing; and WHEREAS, the Mortgage was assigned to Champion Mortgage Company by Assignment recorded October 8, 2012 in Official Records Book 929, Page 323, in the Office of the Clerk of the Circuit Court for Washington County, Florida; and WHEREAS, the Mortgage was assigned to Bank of America, N.A. by Assignment recorded January 22, 2018 in Official Records Book 1109, Page 130, in the Office of the Clerk of the Circuit Court for Washington County, Florida; and WHEREAS, the Mortgage was assigned to and is now owned by the Secretary, by Assignment recorded August 22, 2018 in Official Records Book 1125, Page 833, in the Office of the Clerk of the Circuit Court for Washington County, Florida; and WHEREAS, the Mortgage is now owned by the Secretary; and WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that Mortgagor has died and the Mortgage remains wholly unpaid as of the date of this Notice and no payment has been made to restore the loan to current status; and WHEREAS, the entire amount delinquent as of November 17, 2021 is $88,309.47 plus accrued unpaid interest, if any, late charges, if any, fees and costs; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage to be immediately due and payable; and WHEREAS, the Unknown Spouse of Edward A. Maxwell Jr. may claim some interest in the property hereinafter described, as the surviving spouse in possession of the property, but such interest is subordinate to the lien of the Mortgage of the Secretary; and WHEREAS, Unknown Tenant(s) may claim some interest in the property hereinafter described, as a/the tenant(s) in possession of the property, but such interest is subordinate to the lien of the Mortgage of the Secretary; and WHEREAS, the unknown heirs and devisees of the Estate of Edward A. Maxwell Jr., deceased may claim some interest in the property hereinafter described, but such interest is subordinate to the lien of the Mortgage of the Secretary; and WHEREAS, the Estate of Edward A. Maxwell Jr., deceased may claim some interest in the property hereinafter described, but such interest is subordinate to the lien of the Mortgage of the Secretary; and WHEREAS, the Secretary may have an interest in the property hereinafter described, pursuant to that Adjustable-Rate Home Equity Conversion Second Mortgage recorded April 29, 2010, in Official Records Book 849, Page 248 of the Public Records of Washington County, Florida but such interest is subordinate to the lien of the Mortgage of the Secretary; 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 the undersigned as Foreclosure Commissioner, recorded on July 1, 2019 in Official Records Book 1149, Page 208 of the Public Records of Washington County, Florida, notice is hereby given that on February 11, 2022 at 9:00 a.m. local time, all real and personal property at or used in connection with the following described premises (the "Property") will be sold at public auction to the highest bidder: Lot W-16, Tumble Creek: Commence at the Northeast corner of the Southwest ¼ of the Northwest ¼ of Section 4, Township 2 North, Range 12 West, Washington County, Florida; thence run South 1° 53' 13" East, 494.81 feet to the point of beginning; thence continue South 1° 53' 13" East 494.81 feet; thence South 88° 23' 50" West 496.57 feet; thence North 1° 32' 34" West 494.68 feet; thence North 88° 22' 53"; East, 496.14 feet to the point of beginning; LESS a 30 foot Road easement on the west side Commonly known as: 3075 Seminole Road, Chipley, Florida 32428 The sale will be held at 3075 Seminole Road, Chipley, Florida 32428. The Secretary of Housing and Urban Development will bid $88,309.47 plus interest from November 17, 2021 at a rate of $14.62 per diem (subject to increases applicable under the Note), plus all costs of this foreclosure and costs of an owner's policy of title insurance. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his/her/ its pro-rata 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 ten (10%) percent of the bid amount 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 ten (10%) percent of the bid amount must be presented before the bidding is closed. The deposit is non-refundable. The remainder of the purchase price must be delivered within thirty (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 fifteen (15) day increments for a fee equal to Five Hundred and NO/100 Dollars ($500.00) per extension, 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. 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 amount that must be paid if the Mortgage is to be reinstated prior to the scheduled sale is the principal balance set forth above, together with accrued, unpaid interest, 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 outofpocket 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. 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. Date: January 6, 2022 HUD Foreclosure Commissioner Michael J Posner, Esquire Ward, Damon, Posner, Pheterson & Bleau 4420 Beacon Circle West Palm Beach, Florida 33407 T : 5 6 1 . 8 4 2 . 3 0 0 0 F:561.842.3626 Direct: 561.594.1452

STATE OF FLORIDA

ss:

COUNTY OF PALM BEACH

Sworn to, subscribed and acknowledged before me this 6 th day of January 2022, by

mean of [XX] physical presence or online notarization, Michael J Posner, HUD

Foreclosure Commissioner who [XX] is personally known to me or produced as identification.

My Commission Expires:

CHRISTINA ZINGMAN

My commission# GG 315030

EXPIRES: JULY 17, 2023

Bonded Thru Notary Public Underwriters

Notary Public, State of Florida

Unless you, within thirty days of your receipt of this notice, dispute the validity of the debt claimed in this letter, or any portion of the debt, we will assume that the debt alleged in this letter is valid. If we receive notice from you within thirty days of your receipt of this notice that the debt claimed in this notice, or any portion of the debt, is disputed, we will obtain verification of the debt and will forward that verification to you. Also, upon request to us within thirty days of your receipt of this notice, we will provide the name and address of the original creditor of the debt claimed in this notice, if different from the United States Secretary of Housing and Urban Development

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