Foreclosure Auction: 1190 McKellar Road, Fairmont, NC

STATE OF NORTH CAROLINA COUNTY OF ROBESON

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

24SP000266-770

AMENDED

Notice of Substitute Trustee's Sale of Real Estate

In the Matter of the Foreclosure of the Deed of Trust of Leon McLaughlin and Dorothy McKellar, to James G. Graham, Trustee, dated July 16, 2008, and recorded July 22, 2008, in Book 1680, Page 524, and that Deed of Trust of Leon McLaughlin and Dorothy McKellar, to James G. Graham, Trustee, dated July 16, 2008,

and recorded July 22, 2008, in Book 1680, Page 535, Robeson County Registry,

Elizabeth Wright, former Substitute Trustee,

See Substitutions of Trustee as recorded in Book 2488 at Pages 763 and 765, Robeson County Registry.

Jessica Scott, new Substitute Trustee,

See Substitutions of Trustee as recorded in Book 2498 at Pages 408 and 410, Robeson County Registry.

Under and by virtue of the power and authority contained in each of those deeds of trust as captioned above ("Deeds of Trust"), because of default in the failure to carry out or perform the stipulations and agreements therein contained, pursuant to the demand of the owner and holder of the indebtedness secured by said Deeds of Trust, entered in this foreclosure proceeding, the undersigned, Jessica Scott, Substitute Trustee, will expose for sale at public auction on the 12th day of May, 2025, at 10:00 a.m. at the courthouse door of the Robeson County Courthouse, 500 N. Elm St., Lumberton, NC, the real property (including any improvements thereon) more particularly described on Exhibit A attached hereto and incorporated by reference herein. The physical address is 1190 MCKELLER RD, FAIRMONT NC 28340-9578.

The real property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS". Neither the Substitute Trustee nor the holder of the Note secured by the Deeds of Trust being foreclosed or the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the real property being offered for sale and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed.

The real property will be sold subject to any and all prior and superior deeds of trust, mortgages and liens, restrictions, easements, and other matters of record, if any, and to all unpaid ad valorem taxes and assessments, if any, which became a lien subsequent to the recordation of the Deeds of Trust. Further, this real property will be sold subject to the right, if any, of the United States of America to redeem the above-described real property for a period of one hundred and twenty (120) days following the date when the final upset bid period has expired.

Subject to applicable federal law, an Order for possession of the property may be issued pursuant to N.C. Gen. Stat. Sec. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. If the property is single-family residential and occupied pursuant to a lease, written or oral, the provisions of N.C. Gen. Stat. Sec. 45-21.33A must be satisfied regarding the effect of foreclosure on preexisting tenancy in that: unless a purchaser out of foreclosure sale will occupy the premises as a primary residence, the purchaser shall assume title subject to the rights of any tenant to occupy the premises until the end of the remaining term of the lease or one calendar year from the date the purchaser acquires title, whichever is shorter; and, in no event shall the purchaser be required to renew the existing lease, assuming the lease is such that: the tenant is not the debtor under the security instrument foreclosed or the child, spouse, or parent of the debtor; the lease is in writing, is not te1minable at will, and requires the receipt of rent that is not substantially less than fair market rent for the property; and, provided that the rent has not been reduced or subsidized due to a federal or State subsidy. A purchaser shall provide a tenant in possession of the single-family residential real property notice to vacate at least 90 days before making an application for possession pursuant to N.C. Gen. Stat. Sec. 45-21.29(k) in either of the following circumstances: the tenant has an oral lease or the lease is terminable at will; or, the purchaser will occupy the premises as a primary residence.

Any tenant who resides in residential real property containing less than 15 rental units that is being sold in a foreclosure proceeding under Article 2A of Chapter 45 of the General Statutes may terminate the rental agreement for the dwelling unit after receiving notice pursuant to N.C. Gen. Stat. 45-21.17(4) by providing the landlord with a written notice of termination to be effective on a date stated in the notice of termination that is at least IO days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at the time that would have been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due only to the early termination of the tenancy.

The record owner of the above-described real property as reflected on the records of the Robeson County Register of Deeds not more than ten (10) days prior to the posting of this Notice are the Estate of Leon McLaughlin and known heirs being Allison White and Keith McLaughlin with Jeremy White not a record owner but a mere party to a family settlement agreement. Any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, said bidder shall remain liable as provided in North Carolina General Statute Section 45-21.30. The owner and holder of the indebtedness secured by the Deeds of Trust may make a credit bid. Should the property be purchased by a third party, that party must pay the tax of Forty Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. Section 7A-308 (a)(l). Should undersigned be unable to convey title to any third party bidder for any reason (to include  bankruptcy or reinstatement), the bidder’s sole remedy is return of the deposit. This sale will be held open ten (10) days for upset bids as required by law.

This the 12th day of February, 2025.    

Jessica Scott, Substitute Trustee

Hunt & Brooks, PLLC

203 College Street

Pembroke, NC 28372

(910) 719-9595

UNDER THE FAIR DEBT COLLECTION PRACTICES ACT IT IS REQUIRED THAT I STATE THE FOLLOWING TO YOU: THIS COMMUNICATION IS FOR THE PURPOSE OF COLLECTING A DEBT AND ANY INFORMATION OBTAINED AS A RESULT OF THIS COMMUNICATION WILL BE USED FOR THAT PURPOSE.