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MORTGAGEE’S NOTICE OF DEFAULT AND INTENTION TO SELL
YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR SUCH PURPOSE.
On May 31, 2024, Anthony Maurice Upton and Mellissa Lynn Upton aka Melissa Lynn Upton executed a Mortgage in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR PHH MORTGAGE CORPORATION, ITS SUCCESSORS AND ASSIGNS, which was recorded on June 5, 2024, as Instrument No. 2024R003409 in the real property records of Miller County, Arkansas, and is now held by PHH MORTGAGE CORPORATION. The party initiating foreclosure can be contacted at or in care of its servicer initiating foreclosure at: PHH Mortgage Corporation, P.O. Box 24738, West Palm Beach, FL 33416, at Telephone No. 1-800-449-8767; and
The default for which foreclosure is made is the mortgagor(s) failure to pay the full amount of each monthly payment on the date it is due as required by the terms of the Note and Security Instrument. Because of the failure to cure the default the indebtedness was accelerated, is now therefore wholly due and the Mortgagee has requested the property be sold to satisfy said indebtedness.
On Thursday, June 11, 2026 on or about 10:00 AM, the following described real property will be sold at the front door entrance of the Miller County Courthouse, 400 Laurel St., Texarkana, AR 71854, to the highest bidder for cash:
Land situated in the County of Miller in the state of AR
A part of the Northwest 1/4 of the Northwest 1/4 of Section 22, T. 17 S., R. 27 W., Miller County, Arkansas and being more particularly described by metes and bounds as follows:
Beginning at 974.2 ft. North and 325.00 ft. East from the Southwest corner of the Northwest 1/4 Northwest 1/4 of Section 22, T. 17 S., R. 27 W., Miller County, Arkansas;
Thence - North, 67.18 ft. to the P.C. of a curve to the right having a radius of 70.00 ft.;
Thence - Easterly with said curve, a distance of 109.96 ft. through a central angle of 90 degrees 00 minutes 00 seconds to the P.T. of said curve;
Thence - East, 192.86 ft. to the P.C. of a curve to the right having a radius of 70.00 ft.;
Thence - Southerly with said curve a distance of 109.96 ft. through a central angle of 90 degrees 00 minutes 00 seconds to the P.T. of said curve;
Thence - South, 67.18 ft.;
Thence - West 332.86 ft. to the Point of Beginning and containing 1.00 acre of land, more or less; and subject to a 40 ft. right-of-way being 20 ft. along and each side of the West, North and East boundary line of the above described property.
Commonly known as: 19 Williams Cir, Fouke, AR 71837
More commonly known as 19 Williams Circle, Fouke, AR 71837.
There may be occupants that claim an interest in the real property herein based upon said occupancy.
The undersigned is the attorney-in-fact for the mortgagee and is acting on behalf of and with the consent of the mortgagee who is exercising its power of sale under Ark. Code Ann. Section 18-50-115 which implies a power of sale in every mortgage of real property situated in this State that is duly acknowledged and recorded.
The 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.
Unless discharged by bankruptcy, if your property is sold, then you will remain liable for any deficiency and an action for collection may be brought against you. The sale held pursuant to this Notice may be rescinded at the Attorney-in-Fact’s option 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. The property is being sold “as is” with no representation as to its condition. THE TERMS OF SALE ARE CASH THE DAY OF SALE, UNLESS OTHERWISE AGREED TO BY THE MORTGAGEE, AND ALL TRANSFER TAXES WILL BE THE RESPONSIBILITY OF THE PURCHASER. This sale may be subject to reporting as required by the FinCEN Residential Real Estate Rule. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney.
Witness my hand this ____ day of __________________, 20___.
J.P. Sellers (2009232); Matthew Smith (2006098); Julie Chambers (2023166); Nathan Newberry (2025184)
Attorney-in-Fact for PHH MORTGAGE CORPORATION
Mackie Wolf Zientz & Mann, P.C.
Redding Building
1701 Centerview Drive, Suite 207
Little Rock, AR 72211
(501) 218-8111
For additional sale information visit https://www.arforeclosurenotice.com
595416f
Post Date: 05/17
Refcode: #595416 
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