Default having been made of the terms of the loan documents secured by that certain mortgage executed by Ruth Ann Smith Wife And Husband, Jimmie H Smith And, Virginia Z Shepherd Unmarried to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Countrywide Bank, FSB., its successors and assigns dated August 23, 2007; said mortgage being recorded on August 27, 2007, in Book 2007, Page 1783 in the Office of the Judge of Probate of Marion County, Alabama. Said Mortgage was last sold, assigned and transferred to NewRez LLC d/b/a Shellpoint Mortgage Servicing by assignment recorded in Deed Book 2023, Page 1570 in the Office of the Judge of Probate of Marion County, ALABAMA.
The undersigned, NewRez LLC d/b/a Shellpoint Mortgage Servicingunder and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Marion County, Alabama during the legal hours of sale (between 11am and 4pm), on the 9th day of November, 2023 the following property, situated in Marion County, Alabama, to-wit:
Beginning at a point where the North side of a City Street intersects the West right of way of U.S. Highway 278, said point being about 478 feet North of the South line of the NE 1/4 of SE 1/4, Section 29, Township 12 South, Range 13 West, Marion County, Alabama, thence run West along said street, a distance of 287 feet to a point which is the Southeast corner of the Jimmy L. Taylor (Deed Book 187, Page 789); then run North, parallel with the West line of said forty and along the East line of said Taylor lot, a distance of about 260 feet to a point; thence run N. 89’ 45' E., a distance of about 280 feet to the West right-of-way line of U.S. Highway 278; then run in a Southerly direction along said Highway, a distance of about 250 feet to the point of beginning.
Said property is commonly known as 138 Atkinson Dr, Guin, AL 35563.
Should a conflict arise between the property address and the legal description the legal description will control.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned. The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.
NEWREZ LLC D/B/A
SHELLPOINT MORTGAGE SERVICING
as holder of said mortgage
McCalla Raymer Leibert Pierce, LLC
Two North Twentieth
2 20th Street North, Suite 1000
Birmingham, AL 35203