Default having been made of the terms of the loan documents secured by that certain mortgage executed by Earl W Carter , An Unmarried Man to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Quicken Loans LLC, its successors and assigns dated April 25, 2020; said mortgage being recorded on May 20, 2020, in Book 2020, Page 1447 in the Office of the Judge of Probate of Marion County, Alabama. Said Mortgage was last sold, assigned and transferred to Rocket Mortgage, LLC f/k/a Quicken Loans, LLC by assignment recorded in Deed Book 2023, Page 4505 in the Office of the Judge of Probate of Marion County, ALABAMA.
The undersigned, Rocket Mortgage, LLC f/k/a Quicken Loans, LLCunder 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 8th day of June, 2023 the following property, situated in Marion County, Alabama, to-wit:
A TRACT OF LAND LYING IN THE SE 1/4 OF THE NE 1/4 OF SECTION 30 AND IN THE SW 1/4 OF THE NW 1/4 OF SECTION 29 ALL IN TOWNSHIP 10 SOUTH RANGE 14 WEST IN MARION COUNTY ALABAMA AND BEING MORE PARTICULARLY DESCRIBED AS: COMMENCE AT THE SOUTHWEST CORNER OF THE SW 1/4 OF NW 1/4 OF SECTION 29 THENCE NORTH 02 DEGREES 00 MINUTES WEST ALONG THE WEST BOUNDARY OF SAID SW 1/4 OF NW 1/4 A DISTANCE OF 458.48 FEET TO THE NORTH RIGHT OF WAY LINE OF BEXAR AVENUE WEST (OLD U.S HIGHWAY NO. 78) TO A SPIKE FOUND IN THE CENTER OF A PAVED DRIVEWAY AND THE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED; THENCE NORTH 64 DEGREES 10 MINUTES WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 282.40 FEET TO A 1/2 INCH REBAR FOUND; THENCE LEAVING SAID RIGHT OF WAY NORTH 43 DEGREES 23 MINUTES EAST A DISTANCE OF 370.6 FEET TO A CAPPED REBAR FOUND; THENCE NORTH 02 DEGREES 00 MINUTES WEST A DISTANCE OF 131.0 FEET TO A CAPPED REBAR FOUND; THENCE SOUTH 87 DEGREES 35 MINUTES EAST A DISTANCE OF 168.6 FEET TO A CAPPED REBAR FOUND; THENCE SOUTH 02 DEGREES 25 MINUTES WEST A DISTANCE OF 274.9 FEET TO A CAPPED REBAR FOUND; THENCE SOUTH 75 DEGREES 22 MINUTES EAST A DISTANCE OF 106.8 FEET TO A 1/2 INCH REBAR FOUND; THENCE SOUTH 19 DEGREES 10 MINUTES WEST A DISTANCE OF 338.8 FEET TO A 1/2 INCH REBAR FOUND ON THE NORTH RIGHT OF WAY OF SAID BEXAR AVENUE WEST (OLD U S HIGHWAY 78); THENCE NORTH 64 DEGREES 10 MINUTES WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 213.1 FEET TO THE POINT OF BEGINNING.
Said property is commonly known as 301 Winora Dr, Hamilton, AL 35570.
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.
ROCKET MORTGAGE, LLC F/K/A QUICKEN LOANS, LLC
as holder of said mortgage
McCalla Raymer Leibert Pierce, LLC
Two North Twentieth
2 20th Street North, Suite 1000
Birmingham, AL 35203
File No. 23-04642AL
AMENDMENT TO NOTICE OF
MORTGAGE FORECLOSURE SALE
The sale date under the above mentioned Notice of Mortgage Foreclosure Sale has been postponed until August 17, 2023, and public notice thereof having been given, the above notice is hereby republished with this amendment.
Journal Record, August 2, 2023