NOTICE OF DEFAULT AND INTENTION TO SELL YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION. IF YOUR PROPERTY IS SOLD, YOU WILL REMAIN LIABLE FOR ANY DEFICIENCY WHICH THEN EXISTS AND AN ACTION FOR COLLECTION MAY BE BROUGHT AGAINST YOU. WHEREAS, on November 19, 2001, Julia M Papineau executed a security instrument conveying certain property therein described to Mortgage Electronic Registration Systems, Inc., as mortgaee, as nominee for MBNA America (Delaware). N.A., its successors and assigns; and WHEREAS, said instrument was duly recorded November 19, 2001, in Book No. 257, at Page 973, in the real estate records of Hot Spring County, Arkansas; and WHEREAS, the default is due to missed payments beginning with a due date of June 1, 2019 under the terms of the Note and indebtedness. Because of the failure to fully cure the default the indebtedness was accelerated and is wholly due. The Mortgagee has requested the property be sold to satisfy said indebtedness, together with all fees and costs associated with these proceedings continuing to accrue, pursuant to the terms and conditions of the promissory note and security instrument. WHEREAS, mortgagee or beneficiary has complied with the conditions to exercise the power of sale as set for in ACA §18-50-103. The party initiating this action is PHH Mortgage Corporation, 1661 Worthington Road Suite 100, West Palm Beach, FL 33409 , (800) 746-2936 NOW, THEREFORE, Wilson & Associates, P.L.L.C., as Attorney-in-Fact or as Trustee,, by virtue of the power, duty, and authority vested in and imposed upon it, will, on March 24, 2021, at or about 10:00 AM at the Hot Spring County Courthouse, Malvern, Arkansas, offer for sale certain property hereinafter described to the highest bidder for cash, free from the statutory right of redemption, homestead, dower, and all other exemptions which are expressly waived in the mortgage, said property being real estate situated in Hot Spring County, Arkansas, and being more particularly described as follows: A PART OF LOT 5, BLOCK 132, CITY OF MALVERN, ARKANSAS, ALSO DESCRIBED AS FOLLOWS: Part of the Southeast Quarter (SE1/4) of the Northeast Quarter (NE1/4) of Section 27, Township 4 South, Range 17 West, minutely described as follows: Commencing at a point 115 yards North of the Southeast corner of said SE1/4 NE1/4; thence North 65 yards; thence West 35 yards; thence North 7 yards; thence West 130 yards; thence South 82 yards; thence Southeasterly 95 yards; thence North 25 yards; thence East 70 yards to the Point of Beginning. More commonly known as: 1810 Dyer, Malvern, AR 72104 This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. The sale held pursuant to this Notice may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above. In the event of inclement weather, the right is reserved to postpone the sale to a date to be specified via mailed notices. THE SALE OF THIS PROPERTY WILL BE AUCTIONED WITH RESERVE. THE TERMS OF SALE ARE CERTIFIED FUNDS PAID AT THE CONCLUSION OF THE SALE, OR CREDIT BID FROM A BANK OR OTHER LENDING ENTITY PRE-APPROVED BY THE SUCCESSOR TRUSTEE. W&A No. 345416 WILSON & ASSOCIATES, P.L.L.C. 400 West Capitol Avenue Suite 1400 Little Rock, AR 72201 (501) 219-9388 Email: Info@TheWilsonLawFirm.com 75371360f Show more »