View original fileThis instrument prepared by:
Chad Cumming
Gill Ragon Owen, P.A.
425 West Capitol Ave., Suite 3800
Little Rock, AR 72201
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on February 19, 2013, that certain FIXED RATE HOME EQUITY CONVERSION DEED OF TRUST was executed by BARBARA BAILEY, A SINGLE WOMAN (“Mortgagor”), as mortgagor, delivered to Community First Title, Inc., as Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Liberty Home Equity Solutions, Inc. as Mortgagee, and recorded on February 27, 2013 as Instrument No. 2013001062, in the Office of the Circuit Clerk and Ex Officio Recorder of Boone County, Arkansas; and
WHEREAS, the First Mortgage was insured by the Secretary (the “Secretary”) of the United State Department of Housing and Urban Development (“HUD”) pursuant to the National Housing Act for the purpose of providing single family housing; and
WHEREAS, the First Mortgage is now owned by the Secretary, pursuant to that ASSIGNMENT OF DEED OF TRUST executed January 28, 2020 and recorded on May 26, 2020 as Instrument No. 2020002875, in the Office of the Circuit Clerk and Ex Officio Recorder of Boone County, Arkansas; and
WHEREAS, on February 19, 2013, that certain FIXED RATE HOME EQUITY CONVERSION SECOND DEED OF TRUST (collectively, with the First Mortgage, the “Mortgages”) was executed by Mortgagor as mortgagor, delivered to the Senior Official with responsibility for single family mortgage insurance programs in the Department of Housing and Urban Development Field Office with jurisdiction over the property described below, or a designee of that official the Secretary as Mortgagee, and recorded on February 27, 2013 as Instrument No. 2013001069, as modified in the Office of the Circuit Clerk and Ex Officio Recorder of Boone County, Arkansas; and
WHEREAS, a default has been made in the covenants and conditions of the Mortgages in that the Mortgagor has died, and the property secured by the Mortgages (the “Property”), is not the principal residence of at least one surviving Mortgagor; and
WHEREAS, the entire amount delinquent as of June 9, 2026 is $229,335.66; and
WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgages 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, recorded on May 2, 2016 with the Circuit Clerk and Ex Officio Recorder of Boone County, Arkansas as Instrument No. 2016002300, notice is hereby given that on Friday, July 24, 2026 at 11:00 a.m. 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:
A part of the Southeast Quarter of the Southwest Quarter of Section 17 Township 18 North, Range 20 West, Boone County, Arkansas, described as follows: Beginning at the Northeast corner of said Southeast Quarter of the Southwest Quarter, run thence along forty line South 0 degrees 19 minutes East 512.0 feet; thence South 88 degrees 31 minutes West 210.0 feet to the point of beginning; thence South 88 degrees 31 minutes West 137.9 feet; thence North 0 degrees 19 minutes West 210.0 feet; thence North 88 degrees 31 minutes East 137.9 feet, thence South 0 degrees 19 Minutes East 210.0 feet to the point of beginning
Commonly known as: 577 Blackwood Drive, Harrison, AR 72601.
The sale will be held at the Boone County Courthouse, 100 N Main St, Harrison, AR 72601.
The Secretary of Housing and Urban Development will bid $240,036.61.
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 $24,003.66 [10% of the Secretary’s bid] in the form of a certified check or cashier’s check made out to the “Secretary of U.S. Department of Housing and Urban Development”. The check should also reference FHA Case # 031-4444868. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $24,003.66 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 $229,335.66 as of June 9, 2026, 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: June 9, 2026
UNITED STATE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
/s/ Chad L Cumming Jr.
Foreclosure Commissioner
Chad L. Cumming Jr.
Gill Ragon Owen, P.A.
425 W. Capitol, Suite 3800
Little Rock, AR 72201
(501) 376-3800
(501) 372-3359 (fax)
STATE OF ARKANSAS
SS) ACKNOWLEDGMENT
COUNTY OF PULASKI
Personally, appeared before me, the undersigned authority in and for the said county and state, on this June 9, 2026, within my jurisdiction, the within-named Chad Cumming acknowledged that he is the Foreclosure Commissioner for the United States Department of Housing and Urban Development (“HUD”), and that, for and on behalf of HUD and as its act and deed, he executed the above and foregoing instrument after first having been duly authorized by said Company to do so.
Earnestine Brumfield
Notary Public
My commission expires: 05/01/2033
June 14, 21 & 28, 2026 603778