SUBSTITUTE TRUSTEE'S NOTICE OF SALE
WHEREAS, on February 13, 2005, Kevin Moncrief, Single and Thaslyn V Madison, Single executed a deed of trust for the benefit of Jim Walter Homes, INC., which deed of trust was recorded on April 5, 2005, in Book 507, Page 114, in the office of the Chancery Clerk of Smith County, Mississippi, as having been modified by an agreement recorded on and recorded in Book699, Page 262, in the office of the Chancery Clerk of Smith County, Mississippi; Said Deed of Trust was last sold, assigned and transferred to U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, for Mid-State Capital Corporation 2005-1 Trust by assignment recorded in Book 692, Page 106 as Instrument No. 202400902 in the office of the Chancery Clerk of Smith County, Mississippi.
WHEREAS, the holder of the deed of trust at the time of the substitution substituted McCalla Raymer Leibert Pierce, LLP as Trustee, as authorized by the terms thereof, by instrument recorded February 4, 2026 and spread at large upon the records in the office of the aforesaid Chancery Clerk as Instrument No. 202600286 in Book 0005, Page 519 prior to the posting and publication of this notice; and
WHEREAS, default having been made in the terms and conditions of the deed of trust, and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of the deed of trust, and the legal holder of said indebtedness, U.S. Bank, N.A., as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee, for Mid-State Capital Corporation 2005-1 Trust, has requested the undersigned Substitute Trustee to execute the trust and sell said land, property and improvements in accordance with the terms of the deed of trust for the purpose of raising the sums due thereunder, together with attorney's fees, Substitute Trustee's fees and expenses of sale;
THEREFORE, on March 27, 2026, the undersigned Substitute Trustee in the deed of trust, will offer for sale at public outcry and sell to the highest bidder for cash, within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.) at the East door on porch of the Smith County Courthouse in Raleigh, Mississippi, the following described land, property and improvements lying and being situate in Smith County, Mississippi, to-wit:
COMENCE AT A FENCE CORNER MARKING THE SE CORNER OF THE SW ¼ OF THE NE ¼ SECTION 34 T-3-N R-9-E SMITH CO. MS. AND RUN WEST 321.09'; THENCE RUN NORTH 546.76' TO A 1/2" ROD AT THE POINT OF BEGINNING. THENCE RUN NORTH 08 DEGREES 01 MINUTES 37 SECONDS EAST 213.00' TO A 1/2" ROD; THENCE NORTH 88 DEGREES 20 MINUTES 32 SECONDS EAST 210.20' TO A 1/2" ROD ON THE WEST RIGHT-OF-WAY LINE OF C.R. 101; THENCE RUN ALONG SAID RIGHT-OF-WAY LINE, SOUTH 02 DEGREES 04 MINUTES 39 SECONDS EAST 73.41' TO A 1/2" ROD; THENCE SOUTH 00 DEGREES 03 MINUTES 44 SECONDS WEST 77.55' TO A 1/2" ROD; THENCE SOUTH 02 DEGREES 02 MINUTES 29 SECONDS WEST 38.46' TO A 1/2" ROD; THENCE SOUTH 06 DEGREES 43 MINUTES 16 SECONDS WEST 13.51' TO A 1/2" ROD. THENCE LEAVING SAID RIGHT-OF-WAY LINE, RUN SOUTH 86 DEGREES 35 MINUTES 55 SECONDS WEST 239.91' BACK TO THE POINT OF BEGINNING.
SAID PROPERTY CONTAINING 1.07 ACRES MORE OR LESS.
ALL BEING IN THE SW 1/4 OF THE NE 1/4 SEC. 34 T-3-N R-9 -E SMITH CO. MS.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, and any matters of record including, but not limited to, those superior to said Deed of Trust first set out above. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned. The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.
ATTENTION ALL PROSPECTIVE BIDDERS: On March 1, 2026, the data collection and reporting requirements under the U.S. Financial Crimes Enforcement Network (FinCEN) new Anti-Money Laundering Rule (Rule), found at 89 FR 70258, will go into effect. The Rule applies to certain residential real estate sale transactions (including some that go beyond the typical one-to-four family residence) where the transfer is to a legal entity or trust, and which includes cash purchases, private financing or financing provided by an institution not subject to a federal Anti-Money Laundering or Suspicious Activity Report requirement. As part of this Rule, buyers and sellers are required to provide additional information and documentation about themselves, their legal entities, and/or the source of funds used in the reportable transaction. The collection of this information and documentation is required to comply with the Rule’s federal reporting requirements. This notice is provided for informational purposes only and does not constitute legal advice. You are encouraged to consult with your own independent legal counsel if you have questions about how the FinCEN Anti-Money Laundering Rule affects your transaction and whether your transaction is reportable.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code, (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust, and (3) to confirmation that the successful bidder has timely provided all information required by the Rule, 89 FR 70258. The Substitute Trustee, on behalf of the holder of the Deed of Trust, reserves the right to rescind the foreclosure sale at its own discretion.
I WILL CONVEY only such title as is vested in the Substitute Trustee.
WITNESS MY SIGNATURE, this the 27th day of February, 2026
McCalla Raymer Leibert Pierce, LLP
Substitute Trustee
251 Trace Colony Park Drive Suite A, Ridgeland, MS 39157
(662) 388-5464
Foreclosurehotline.net
File No.: 25-05631MS
PUBLISH: 03/06/2026,03/13/2026,03/20/2026
25-05631MS
#12127851