NOTICE OF MORTGAGE FORECLOSURE SALE
STATE OF ALABAMA
COUNTY OF RANDOLPH
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Default having been made in the payment of the debt secured by that certain mortgage executed by Gustavo Eduardo Garcia Apaseo and Dorcas Tavita Gonzalez Perez, Mortgagor(s), to David Joseph Lipsky, Mortgagee, on May 20, 2022, said mortgage being recorded on June 14, 2022 in the Probate Office of Randolph County, Alabama in Book 682, Page 395, by reason of such default, having declared all the indebtedness secured by said mortgage due and payable, and such default continuing, notice is hereby given that, acting under the power of sale contained in said mortgage, David Joseph Lipsky will sell at public outcry, for cash, to the highest bidder, in front of the Courthouse door in the City of Wedowee, Randolph County, Alabama during the legal hours of sale on October 19, 2023 the following described real estate situated in Randolph County, Alabama, to wit:
Five acres more of less being in the South East Corner of the North West (NW1/4) forth of South East (SE1/4) forth and South West corner of North East (NE1/4) forth of South East (SE1/4) forth and North West corner of South East (SE1/4) forth of South East (SE1/4) forth of Section 29, Township 20, Range 11, described as follows: Beginning at the South East corner of NW1/4 of SE1/4, thence running West along Quarter Section Line 350 feet more or less to Malone Road, thence North along Malone Road 125 feet, thence due East 665 feet to a point, thence due South 553 feet to a point, thence due West 315 feet to Quarter Section Line, thence North along Quarter Section line 428 feet to point of beginning.
Less and Except all public right of ways and utility easements, if any.
Commonly known as: County Road 15, Wedowee, AL 36278
Tax ID #: 11-09-29-0-000-014.000
THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.
Said sale will be made subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the mortgage first set out above and restrictions of record in the Probate Office aforesaid, matters of survey, and to any Federal or State Tax liens, if any, and/or special assessments, if any, which might adversely affect the title to the premises.
Said sale will be made for the purpose of paying the indebtedness secured by the above described mortgage to David Joseph Lipsky , Mortgagee, and the proceeds thereof will be applied as provided for in the terms of said mortgage.
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 successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to McMichael Taylor Gray LLC at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day to McMichael Taylor Gray LLC at 3550 Engineering Drive, Suite 260, Peachtree Corners, GA 30092.
McMichael Taylor Gray, LLC reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate. This sale is subject to postponement or cancellation.
David Joseph Lipsky
AS ATTORNEY IN FACT FOR
Gustavo Eduardo Garcia Apaseo and Dorcas Tavita Gonzalez Perez
TONI B. SMOKE, Attorney for Mortgagee
McMichael Taylor Gray, LLC
3550 Engineering Drive, Suite 260
Peachtree Corners, GA 30092
MTG File No.: AL2023-00323