NOTICE OF DEFAULT AND FORECLOSURE SALE

WHEREAS, on November 8, 2004, a certain Deed of Trust/Mortgage was executed by Russell L. Smith and Sara C. Smith as mortgagor/borrower in favor of Seattle Mortgage Company as beneficiary and Stewart Title Guaranty Company as trustee, and was recorded on December 1, 2004, in Book 28766, Page 107 in the Office of the Land Records for Montgomery County, Maryland; and

WHEREAS, the Deed of Trust/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; and

WHEREAS, the beneficial interest in the Deed of Trust/Mortgage is now owned by the Secretary, pursuant to an assignment dated May 18, 2017, and recorded on June 1, 2017, in Book 54377, Page 474, in the office of the Land Records for Montgomery County, Maryland; and

WHEREAS, a default has been made in the covenants and conditions of the Deed of Trust/Mortgage in that the payment due on August 4, 2018, was not made and remains wholly unpaid as of the date of this notice, and a Borrower had died and the Property is not the principal residence of at least one surviving Borrower, and no payment has been made sufficient to restore the loan to currency; and

WHEREAS, the entire amount delinquent as of November 6, 2024 is $398,469.66; and

WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust/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, notice is hereby given that on Wednesday December 11, 2024 at 11:15AM 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:

See attached Exhibit A

Commonly known as: 3361 Tidewater Court, Unit B10, Olney, MD 20832

Tax ID 08-00703224 (08-0020-00703224)

The sale will be held at the Courthouse door for the Circuit Court for Montgomery County (Maryland Avenue entrance), 50 Maryland Avenue, Rockville, MD 20850.

The Secretary of Housing and Urban Development will bid $398,469.66.

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 $40,000.00 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 $40,000.00 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 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 cashier’s 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 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 N/A (Full Balance Due) 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: November 6, 2024

Breza & Associates, LLC

Foreclosure Commissioner

By: /s/ Angela Nasuta

Scott M. Breza (AIS/CPF # 9612170104)

X Angela Nasuta (AIS/CPF # 1312180282)

Andrew M. Winick (AIS/CPF # 9706250509)

Breza & Associates, LLC

11019 McCormick Road, Suite 400

Hunt Valley, Maryland 21031

(410) 316-6047 (office)

(410) 308-0447 (facsimile)

defaultlegal@brezalaw.com

IF YOU ARE A DEBTOR, OR AN ATTORNEY REPRESENTING A DEBTOR, THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED HEREBY WILL BE USED FOR THAT PURPOSE. However, if you are either a debtor in a pending bankruptcy case, or have obtained an order of discharge from a United States Bankruptcy Court, which discharge includes this debt, or an attorney representing such a debtor, and you (or your client), has not reaffirmed liability for this debt, this office is not attempting to obtain a judgment against you (or your client) nor are we alleging that you (or your client) have any personal liability for this debt. We may, however, take action against any property which may have been pledged as collateral for the debt, which action may include repossession and/or foreclosure of the property, if otherwise permitted by law and/or order of court.

Exhibit A

CONDOMINIUM UNIT NO. 8-10 IN A PLAT OF CONDOMINIUM SUBDIVISION ENTITLED "OLNEY TOWNE" (PARCEL "A", OLNEY TOWNE SUBDIVISION, PLAT BOOK 88 AT PLAT 9480), AS WELL AS AN UNDIVIDED 1.628% INTEREST IN THE COMMON ELEMENT THEREOF AS ESTABLISHED PURSUANT TO A HORIZONTAL PROPERTY REGIME MASTER DEED DATED APRIL 15, 1971 AND RECORDED IN LIBER 4066 AT FOLIO 649, AS AMENDED IN LIBER 4073 AT FOLIO 324, AND LIBER 4163 AT FOLIO 283, AMONG THE LAND RECORDS OF SAID COUNTY AND STATE IN CONDOMINIUM PLAT BOOK 2 AT PLAT 145 THROUGH 157, AND PLAT 170.

TOGETHER WITH THE IMPROVEMENTS THERETO AND THE RIGHTS AND APPURTENANCES THERETO BELONGING OR APPERTAINING, AND PARTICULARLY THE RIGHTS IN COMMON WITH OTHERS IN THE COMMON ELEMENTS OF THE AFORESAID CONDOMINIUM AND ALL OTHER RIGHTS AND PRIVILEGES OF A CONDOMINIUM UNIT, SUBJECT TO THE OBLIGATION OF SUCH OWNER, ALL AS MORE FULLY SET FORTH IN THE AFORESAID CONDOMINIUM MASTER DEED.

Property Address: 3361 Tidewater Court, Unit B-10, Olney, MD 20832.

Tidewater Auctions, LLC

(410) 825-2900

www.tidewaterauctions.com

Washington Times, 11/26, 12/3, 12/10 Ad#88529