2449 Abner Pl Nw

NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on August 8, 2003, a certain Security Deed was executed by Nellie Lucille Johnson as grantor(s) in favor of Wells Fargo Home Mortgage, Inc., a California Corporation as grantee, and was recorded on August 26, 2003, in Deed Book 35834, in Page 335, as Instrument Number 2003-0292439 in the Office of the Superior Court of Fulton County, State of Georgia; and WHEREAS, the Security Deed 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 Security Deed is now owned by the Secretary, pursuant to an assignment dated October 28, 2016 and recorded on November 5, 2016, in Deed Book 56816, in Page 507, as Instrument Number 2016-0317802 in the office of the Superior Court of Fulton County, State of Georgia; and WHEREAS, a default has been made in the covenants and conditions of the Security Deed in that the payment due on the death of the borrower(s), 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 April 30, 2026 is $111,237.65; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Security Deed 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 Secretarys designation of me as Foreclosure Commissioner, notice is hereby given that on July 7, 2026 between the hours of 10:00 a.m. and 4:00 p.m. local time, all real and personal property at or used in connection with the following described premises (Property) will be sold at public auction to the highest bidder: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 246 AND 251 OF THE 17TH DISTRICT OF FULTON COUNTY GEORGIA, BEING LOT 3 IN BLOCK A OF UNIT THREE, CARVER HILLS SUBDIVISION, ACCORDING TO PLAT BY WATTS & BROWNING, ENGINEERS, DATED SEPTEMBER 12, 1960, RECORDED IN PLAT BOOK 69, PAGE 86, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF FULTON COUNTY GEORGIA REFERENCE TO WHICH PLAT IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAID LANDS Commonly known as: 2449 Abner Place Northwest, Atlanta, GA 30318 Sale will be held in front of the Fulton County Courthouse, 136 Pryor Street, Southwest, Atlanta, GA 30303. The Secretary of Housing and Urban Development estimated bid will be $112,911.91. 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 $11,291.19 (10% of Secretarys bid) in the form of a certified check or cashiers check made out to the Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $11,291.19 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 cashiers check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date 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 cashiers 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 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 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 scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the grantor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the security deed agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashiers check payable to the Secretary of HUD, before public auction of the property is completed. The amount that must be paid if the security deed is to be reinstated prior to the scheduled sale is based upon the nature of the breach, this loan is not subject to reinstatement. ?A total payoff is required to cancel the foreclosure sale or the breach must be otherwise cured. ?A description of the default is as follows: FAILURE TO PAY THE PRINCIPAL BALANCE AND ANY OUTSTANDING FEES, COSTS, AND INTEREST WHICH BECAME ALL DUE AND PAYABLE BASED UPON THE OF ALL GRANTORS OF THE PROPERTY, CEASING TO USE THE PROPERTY AS THE PRINCIPAL RESIDENCE. Tender of payment by certified or cashiers check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below. Dated this 4 th date of May, 2026. Summer Parker Halliday, Watkins & Mann, P.C. Foreclosure Commissioner 244 Inverness Center Drive, Suite 200 Birmingham, AL 35242 Phone: (801) 355-2886 Fax: (801) 328-9714 HWM File: GA21247 6:17,24, 7:1, 2026kw Ad #554970