NOTICE OF DEFAULT AND FORECLOSURE SALE
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The Public Record • June 16, 2011
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610-892-4940 TO: T.J. Jones or other possible unknown birth fathers A Petition has been filed asking the court to put an end to all rights you have to your child Baby Boy Gruver, who was born on 4/17/11, at Hahnemann Hospital, Philadelphia, PA as well as your rights M.G. has to Baby Boy Gruver. The court has set a hearing to consider ending your rights to your child. That hearing will be held on July 7, 2011, at 9:30 a.m. at Court Room 14, One Montgomery Plaza, Orphan’s Court Division, Swede Street, Norristown, PA 19404 before Judge Ott. You are warned that even if you fail to appear at the scheduled hearing, the hearing will go on without you and your rights to your child as well as the rights of M.G. to that child may be ended by the court without your being present. You have a right to be represented at the hearing by a lawyer. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. An important option may be available to you under Act 101 of PA Law that allows for and enforceable voluntary agreement for continuing contact following an adoption between an adoptive parent, a child, a birth parent and/or a birth relative of the child, if all parties agree and the voluntary agreement is approved by the court. The agreement must be signed and approved by the court to be legally binding. You are also warned that if you fail to file either an acknowledgment of paternity pursuant to 23 Pa. C.S.A. Section 2503 (d) relating to acknowledgment and claim of paternity, and fail to either appear at a hearing to object to the termination of your rights or file a written objection to such termination with the court prior to the hearing, your rights may be terminated under Pa. C.S.A. 2503(d) or 2504 (c) of the Adoption Act. Lawyer Referral and Information Service 100 West Airy Street, P.O. Box 268, Norristown, PA 19404 (610) LAW1
www.phillyrecord.com • 215-755-2000
onds East, 65 feet, 4-13/16 inches to the first mentioned point and place of beginning. Being the same premises which Fannye Cristol a/k/a Fannie Cristol, widow by Deed dated 9/28/1977 and recorded 9/30/1977 in Philadelphia County in Deed Book DCC 1489 Page 313 conveyed unto Sherman Martin, Jr, and Alyce Martin, his wife, their heirs and assigns, as tenants by the entireties, in fee. And the said Alyce Martin died on 11/24/04 The sale will be held at June 30, 2011 at 10:00 am at the steps located on Market Street of the Eastern District Courthouse, 601 Market Street, Philadelphia, PA 19106. The Secretary of Housing and Urban Development will bid $213,629.57 plus interest, costs and other charges through the sale date. Ten percent (10%) of the highest bid is the deposit required at the sale. The amount that must be paid to HUD by the mortgagors or someone acting on their behalf so that the sale may be stayed is the total delinquent amount of $213,629.57 as of July 29, 2009, 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. 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 bid, all bidders, except the Secretary, must submit a deposit totaling ten percent 10% of the Secretary’s bid as set forth above in the form of a certified check or cashier’s check made out to the Secretary of HUD. Each oral bid need not be accompanied by a deposit. If the successful bid is oral, a deposit of ten (10%) percent must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within thirty (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 high bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveyance fees, all real estate and other taxes that are due on or after the delivery 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 fifteen (15) days, and a fee will be charged in the amount of $150.00 for each fifteen (15) day extension requested. The extension fee shall be paid in the form of a certified or cashier’s check made payable to the Secretary of Housing and Urban Development. 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’s deposit will be forfeited, and the Commissioner may, at the direction of the HUD Field Office 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.
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WHEREAS, on January 25, 2005, a certain Mortgage was executed by ESTATE OF SHERMAN MARTIN JR., as mortgagor in favor of WELLS FARGO BANK, NA as mortgagee and was recorded in Office of the Recorder of Deeds of Philadelphia County in Mortgage Document#: 51115856; and WHEREAS, the Mortgage is now owned by the Secretary of the United States Department of Housing and Urban Development (“Secretary”), pursuant to an assignment recorded on 12/17/2007 in Document#: 51822756, in the Office of the Recorder of Deeds of Philadelphia County, Pennsylvania; and WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that the payment due on July 29, 2009, 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 July 29, 2009 is $213,629.57 plus interest, costs and other charges through the sale date; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage to be immediately due and payable; NOW THEREFORE, pursuant to powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, l2 U.S.C. 3751 et seq., by 24 CFR Part 29, and by the Secretary’s designation of me as Foreclosure Commissioner, recorded on April 6, 2011 in Misc. Document#: 52333913, in the Office of the Recorder of Deeds of Philadelphia County, Pennsylvania, notice is hereby given that at June 30, 2011 at 10:00 am at the steps located on Market Street of the Eastern District Courthouse, 601 Market Street, Philadelphia, PA 19106, 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: SUBJECT TO A PRIOR MORTGAGE PREMISES "A" ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, SITUATE in the Fiftieth Ward of the City of Philadelphia. BEGINNING at a point on the East side of Lawnton Avenue (sixty feet wide), at the distance of three hundred fifteen feet, five and three-eighths inches Southwardly from the Southerly side of Sixty-sixth Avenue North (eight feet wide) thence extending South seventy-eight degrees, thirty-nine minutes, East a distance of one hundred nine feet, one and one-quarter inches to a point; thence extending South eighteen degrees, fifty-six minutes, four seconds West a distance of sixty-five feet four and three-quarter inches to a point, thence extending North seventy-eight degrees, thirty-nine minutes, West a distance of one hundred five feet, two and three-eighths inches to the East side of Lawnton Avenue; thence extending North fifteen degrees, thirty minutes, fifty-six seconds East along the East side of Lawnton Avenue, distance of sixty-five feet to the first mentioned point and place of beginning. BEING NO. 6511 Lawnton Avenue. PREMISES "B" ALL THAT CERTAIN interior triangular lot or piece of ground in the 50th Ward of the City of Philadelphia, and described according to a Plan thereof made by Joseph F. Delany, Esquire, Surveyor and Regulator of the 5th District, dated November 9, 1951, as follows, to wit: BEGINNING at an interior point, said point being at the distance of 109 feet. 1-1/4 inches measured on a bearing of South 78 degrees, 39 minutes East, from a point on the Southeasterly side of Lawnton Avenue, 160 feet wide and last mentioned point being at the distance of 215 feet, 5-3/8 inches Southwestwardly, measured along the said sidle of Lawnton Avenue from the Southwesterly side of 66th Avenue North (80 feet wide); thence extending from said point of beginning, South 12 degrees, 28 minutes., 15 seconds West, 41 feet, 2-1/2 inches to a point; thence extending South 11 degrees, 21 minutes, West 23 feet, 7-9/16 inches to a point; thence extending North 78 degrees, 39 minutes West, 7 feet, 9-7/8 inches to a point; thence extending North 18 degrees, 56 minutes, 04 sec-