NOTICE OF DEFAULT AND FORECLOS...
NOTICE OF DEFAULT AND FORECLOS...
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on February 03, 2005, a certain First Mortgage was executed by Lorraine Dabrowski, a single woman, as mortgagor in favor of Homeowners Mortgage Service, Inc. as Mortgagee in the amount of $195,000.00 and was recorded on February 14, 2005, as Instrument No. 2005 010608 in the Office of the Recorder of Lake County, Indiana; and WHEREAS, the Mortgage 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; on February 03, 2005, a certain Second Mortgage was executed by Lorraine Dabrowski, a single woman, as mortgagor in favor of the Secretary as Mortgagee in the amount of $195,000.00 and was recorded on February 14, 2005, as Instrument No. 2005 010610 in the Office of the Recorder of Lake County, Indiana; and ost recent assignment dated February 5, 2013, and recorded on February 14, 2013, as Instrument No. 2013-012046 in the Office of the Recorder of Lake County, Indiana; and WHEREAS, a default has been made in the covenants and conditions of the First Mortgage in that the payment due on June 5, 2024, 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 mortgagor, Lorraine Dabrowski, died on August 27, 2022; and WHEREAS, the entire amount delinquent as of June 5, 2024 is $198,918.45, plus attorney fees and costs; and mount of the indebtedness secured by the First Mortgage 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 Secretary's designation of me as Foreclosure Commissioner, recorded on July 22, 2024 as Instrument No. 2024-523959, notice is hereby given that a public auction, scheduled for October 11, 2024 at 1:00 pm local time, at which 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. Commonly known as: 9802 Wildwood Circle #1B, Munster, IN 46321 UNIT 1B, IN BUILDING 14, IN WILDWOOD COURT OF MUNSTER CONDOMINIUMS, A HORIZONTAL PROPERTY REGIME, AS RECORDED AS DOCUMENT NO. 2001 064086, ON AUGUST 10, 2001 AN DAS DOCUMENT NO. 2001 60487 ON AUGUST 10, 2001, AN ANY AMENDMENTS THERETO, IN THE OFFICE OF RECORDER OF LAKE COUNTY, INDIANA, TOGETHER WITH AN UNDIVIDED INTEREST IN THE COMMON ELEMENTS APPERTAINING THERETO. The sale will be held at property address in Lake County, 9802 Wildwood Circle #1B, Munster, IN 46321. The Secretary of Housing and Urban Development will bid $198,918.45, plus additional interest and costs incurred through the date of the sale. 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 $19,891.85 in the form of a certified check or cashier's 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 $19,891.85 must be presented before the bidding is closed. The deposit if 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 cashier's 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 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 mortgagor 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 mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier's check payable to the Secretary of HUD, before public auction of the property is completed. The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $198,918.45 as of June 5, 2024, 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 out-of-pocket 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: 9/4/2024 tt Foreclosure Commissioner Nelson & Frankenberger, LLC 550 Congressional Blvd., Suite 210 Carmel. IN 46032 STATE OF INDIANA SS: ACKNOWLEDGMENT COUNTY OF HAMILTON Before me a Notary Public in and for said County and State, personally appeared John B. Flatt and acknowledged the execution of the foregoing Notice of Default and Foreclosure Sale. WITNESS my hand and Notarial Seal this 4th day of September 2024. My Commission Expires: 05/09/2031 _ /s/ Madalyn McMurray Notary Public Residing in Hamilton County Madalyn McMurray Printed Name THIS INSTRUMENT PREPARED BY: John B. Flatt, NELSON & FRANKENBERGER, 550 Congressional Blvd., Suite 210, Carmel, Indiana 46032, (317) 844-0106 Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law - John B. Flatt.
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on February 03, 2005, a certain First Mortgage was executed by Lorraine Dabrowski, a single woman, as mortgagor in favor of Homeowners Mortgage Service, Inc. as Mortgagee in the amount of $195,000.00 and was recorded on February 14, 2005, as Instrument No. 2005 010608 in the Office of the Recorder of Lake County, Indiana; and WHEREAS, the Mortgage 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; on February 03, 2005, a certain Second Mortgage was executed by Lorraine Dabrowski, a single woman, as mortgagor in favor of the Secretary as Mortgagee in the amount of $195,000.00 and was recorded on February 14, 2005, as Instrument No. 2005 010610 in the Office of the Recorder of Lake County, Indiana; and ost recent assignment dated February 5, 2013, and recorded on February 14, 2013, as Instrument No. 2013-012046 in the Office of the Recorder of Lake County, Indiana; and WHEREAS, a default has been made in the covenants and conditions of the First Mortgage in that the payment due on June 5, 2024, 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 mortgagor, Lorraine Dabrowski, died on August 27, 2022; and WHEREAS, the entire amount delinquent as of June 5, 2024 is $198,918.45, plus attorney fees and costs; and mount of the indebtedness secured by the First Mortgage 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 Secretary's designation of me as Foreclosure Commissioner, recorded on July 22, 2024 as Instrument No. 2024-523959, notice is hereby given that a public auction, scheduled for October 11, 2024 at 1:00 pm local time, at which 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. Commonly known as: 9802 Wildwood Circle #1B, Munster, IN 46321 UNIT 1B, IN BUILDING 14, IN WILDWOOD COURT OF MUNSTER CONDOMINIUMS, A HORIZONTAL PROPERTY REGIME, AS RECORDED AS DOCUMENT NO. 2001 064086, ON AUGUST 10, 2001 AN DAS DOCUMENT NO. 2001 60487 ON AUGUST 10, 2001, AN ANY AMENDMENTS THERETO, IN THE OFFICE OF RECORDER OF LAKE COUNTY, INDIANA, TOGETHER WITH AN UNDIVIDED INTEREST IN THE COMMON ELEMENTS APPERTAINING THERETO. The sale will be held at property address in Lake County, 9802 Wildwood Circle #1B, Munster, IN 46321. The Secretary of Housing and Urban Development will bid $198,918.45, plus additional interest and costs incurred through the date of the sale. 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 $19,891.85 in the form of a certified check or cashier's 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 $19,891.85 must be presented before the bidding is closed. The deposit if 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 cashier's 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 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 mortgagor 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 mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier's check payable to the Secretary of HUD, before public auction of the property is completed. The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $198,918.45 as of June 5, 2024, 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 out-of-pocket 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: 9/4/2024 tt Foreclosure Commissioner Nelson & Frankenberger, LLC 550 Congressional Blvd., Suite 210 Carmel. IN 46032 STATE OF INDIANA SS: ACKNOWLEDGMENT COUNTY OF HAMILTON Before me a Notary Public in and for said County and State, personally appeared John B. Flatt and acknowledged the execution of the foregoing Notice of Default and Foreclosure Sale. WITNESS my hand and Notarial Seal this 4th day of September 2024. My Commission Expires: 05/09/2031 _ /s/ Madalyn McMurray Notary Public Residing in Hamilton County Madalyn McMurray Printed Name THIS INSTRUMENT PREPARED BY: John B. Flatt, NELSON & FRANKENBERGER, 550 Congressional Blvd., Suite 210, Carmel, Indiana 46032, (317) 844-0106 Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law - John B. Flatt.
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