THIRD NOTICE OF FORECLOSURE SALE
NEW HANOVER COUNTY
17 SP 838
Under and by virtue of the power of sale contained in that certain deed of trust executed by DENNIS H. SULLIVAN, JR. AND WIFE, MOLLIE E. SULLIVAN dated August 25, 2003 to JANICE E. MERRIMAN, Trustee for FIRST-CITIZENS BANK & TRUST COMPANY, recorded in Book 3987, Page 126, NEW HANOVER County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of NEW HANOVER County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of NEW HANOVER and State of North Carolina, and more particularly described as follows:
BEING all of Lot 22, Lucia Point, as the same is shown on a map thereof recorded in Map Book 36, Page 240 in the Office of the Register of Deeds of New Hanover County, North Carolina, to which map reference is hereby made for a more particular description.
TOGETHER WITH and subject to the Declaration of Covenants, Conditions and Restrictions for Lucia Point recorded in Book 2128, Page 0898, New Hanover County Registry.
7022 Cayman Ct.,
Wilmington NC 28405
DATE OF SALE:
October 4, 2019
TIME OF SALE: 10:30 A.M.
LOCATION OF SALE: NEW HANOVER County Courthouse
RECORD OWNER(S): Dennis H. Sullivan, Jr. and Mollie E. Sullivan
TERMS OF THE SALE:
(1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies.
(2) The property is being sold “as is”. Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property.
(3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale.
(4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period.
(5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving this Notice of Foreclosure 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 this Notice of Foreclosure Sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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.
(6) An order for possession of the property being sold 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.
(7) If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney, or the Substitute Trustee.
Date: August 16, 2019
SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P.
Cara B. Williams
Attorney for Jeff D. Rogers, Substitute Trustee
PO Box 176010 Raleigh, NC 27619-6010 (919) 250-2000 Fax: (919) 250-2211
This communication is from a debt collector. The purpose of this communication is to collect a debt. This is an attempt to collect a debt, and any information obtained will be used for that purpose.
September 19, 26, 2019
NOTICE OF FORECLOSURE
SALE OF REAL PROPERTY
File No. 19-SP-253
New Hanover County, North Carolina
Under and by virtue of the Declaration recorded in Book 4260, Page 742, New Hanover County Register of Deeds, and the provisions of Chapter 47F of the North Carolina General Statutes, and because of the Respondent’s failure to pay assessments duly assessed by Sunset South Owners Association (“Association”) as shown by the Claim of Lien for Assessments filed on May 11, 2018, File No. 18-M-500, in the Office of the New Hanover County Clerk of Superior Court, and pursuant to an Order Allowing Foreclosure of Claim of Lien for Assessments entered by the New Hanover County Clerk of Court on June 19, 2019, the undersigned Trustee will expose for public sale at auction, to the highest bidder for cash, at 12:00 Noon on the 25th day of September 2019, at the Courthouse door, New Hanover County Judicial Building, 316 Princess Street, Wilmington, North Carolina, the following property (including any improvements thereon) located in New Hanover County, North Carolina:
BEING ALL of Lot 19 as shown on the map entitled “Sunset South” recorded in Map Book 45 at Pages 359-360 in the Office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more particular description.
Also commonly known as 2222 Jefferson Street, Wilmington, NC.
The record owner of the above-described real property as reflected by the records of the New Hanover County Register of Deeds ten (10) days prior to posting the Notice is Leonard L. Lewis.
The above-described property will be sold “AS IS, WHERE IS,” and is subject to any and all superior mortgages, deeds of trust, liens, judgments, unpaid taxes, easements, conditions, restrictions, and other matters of record, including, but not limited to, Deed of Trust recorded in Book 5205, Page 2488, of the New Hanover County Register of Deeds.
The successful bidder will be required to deposit with the Trustee immediately upon the conclusion of the sale a cash deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater. Any successful bidder shall be required to tender the full purchase price so bid in cash or certified check at the time the Trustee tenders a deed for the property. If for any reason the Trustee does not tender a deed for the property, the successful bidder’s sole remedy shall be a return of the deposit.
To the extent this sale involves residential property with less than fifteen (15) units, you are hereby notified of the following:
(a) An order for possession of the property may be issued pursuant to § 45-21.29 of the North Carolina General Statutes 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; and
(b) 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 the termination to the landlord, to be effective on a date stated in the notice that is at least ten (10) days, but not more than ninety (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 notice of termination. 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.
THIS IS AN ATTEMPT TO COLLECT A DEBT. THE UNDERSIGNED IS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This the 27th day of August 2019.
Charles D. Meier, Trustee
N. C. State Bar No. 13039
MARSHALL, WILLIAMS & GORHAM, L.L.P.
14 South Fifth Street
Post Office Drawer 2088
Wilmington, NC 28402-2088
Telephone: (910) 763-9891; Ext. 214
Facsimile: (910) 343-8604
E-Mail: [email protected]
Published: September 12, 2019 & September 19, 2019