NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on November 14, 2009, a certain mortgage was executed by SAMUEL TOLAND and DEBORAH L. TOLAND, as mortgagor in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR FINANCIAL FREEDOM ACQUISITION LLC, A SUBSIDIARY OF ONEWEST BANK, FSB, ITS SUCCESSORS AND ASSIGNS as mortgagee and was recorded in Office of the Recorder of Deeds of Bucks County in Mortgage Book 6302, Page 2027 or Instrument # 2009104894 (“Mortgage”); and
WHEREAS, the Mortgage encumbers property located at 2855 Carter Road Feasterville Trevose, PA 19053, parcel number 02-007-215(“Property”); and
WHEREAS, Mortgagor/Record Owner DEBORAH L. TOLAND died on 03/28/21. By operation of law title vests solely in SAMUEL TOLAND and DEBORAH L. TOLAND is hereby released of liability pursuant to Pa.R.C.P. 1144. ;and
WHEREAS, the Property was owned by SAMUEL TOLAND & DEBORAH L. TOLAND by virtue of deed dated 9/17/1979 and recorded 9/21/1979 in Bok D2354 Page 443; 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 6/1/2016 in Instrument # 2016030742, in the Office of the Recorder of Deeds of Bucks County, Pennsylvania; and
WHEREAS a default has been made in the covenants and conditions of the Mortgage is in default due to violation (a) (iii): The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower and the principal balance becomes due and owing, and that no payment was made, and remains wholly unpaid as of the date of this Notice; and
WHEREAS the entire amount delinquent as of 3/16/2026 is $330,302.88 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 09/29/2012 in Misc. Insturment #2011065911, in the Office of the Recorder of Deeds of Bucks County, Pennsylvania, notice is hereby given that on 07/14/2026; at 10:00 AM at outside the Main Entrance of the Bucks County Courthouse located at 55 E Court Street Doylestown PA 18901 all real property and personal property at or used in connection with the following described premises will be sold at public action to the highest bidder:
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF PENNSYLVANIA, COUNTY OF BUCKS, AND IS DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH THE BUILDINGS AND MPROVEMENTS THEREON ERECTED SITUATE IN THE TOWNSHIP OF BENSALEM, COUNTY OF BUCKS, AND COMMONWEALTH OF PENNSYLVANIA, BEING LOT NO. 131 ON A PLAN OF LOTS ENTITLED CONCORD PARK, WHICH SAID PLAN IS RECORDED IN THE OFFICE FOR THE RECORDING OF DEEDS IN AND FOR THE COUNTY OF BUCKS AT DOYLESTOWN, PENNSYLVANIA IN PLAT BOOK NO. 8 PAGE 16 AND DESCRIBED IN ACCORDANCE WITH A LATER SURVEY MADE BY H.H. LEE, JR., REGISTERED SURVEYOR, MORRISVILLE, PENNSYLVANIA, ON THE 7TH DAY OF NOVEMBER, A.D., 1956 AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT ON THE SOUTHEASTERLY SIDE OF CARTER ROAD (60 FEET WIDE) AT THE NORTHEAST CORNER OF LOT NO. 130 ON SAID PLAN WHICH POINT IS 322 FEET MEASURED NORTHEASTWARDLY FROM THE NORTHEASTERLY TERMINUS OF THE RADIAL INTERSECTION WHICH THE SAID SOUTHEASTERLY SIDE OF CARTER ROAD MAKES WITH THE NORTHEASTERLY SIDE OF BUCKFIELD TERRACE (50 FEET WIDE), THENCE EXTENDING ALONG THE SAID SOUTHEASTERLY SIDE OF CARTER ROAD, NORTH 35 DEGREES 53 MINUTES EAST, 73 FEET TO A POINT A CORNER OF LOT NO. 132 ON SAID PLAN, THENCE EXTENDING ALONG THE SAID LOT SOUTH 54 DEGREES 07 MINUTES EAST, 135 FEET TO A POINT IN THE REAR LINE OF LOT NO. 121 ON SAID PLAN. THENCE EXTENDING ALONG THE SAID LOT AND PARTLY ALONG THE REAR LINE OF LOT NO. 122, SOUTH 35 DEGREES 53 MINUTES WEST, 75 FEET TO A POINT, A CORNER OF LOT NO. 130 ON SAID PLAN, THENCE WEST 75 FEET TO A POINT, A CORNER OF LOT NO. 130 ON SAID PLAN, THENCE EXTENDING ALONG THE SAID LOT NORTH 54 DEGREES 07 MINUTES WEST 135 FEET TO A POINT ON THE SAID SOUTHEASTERLY SIDE OF CARTER ROAD, THE POINT AND PLACE OF BEGINNING.
PARCEL NUMBER(S): 02-007-215
Being the same premises which Frederick R. Hills, unmarried and Gertrude A. Hills, unmarried, by deed dated 09/17/1979 and recorded in the Office for the Recording of Deed in and for Buck County in Deed Book 2354, page 443 granted and conveyed into Samuel Toland and Deborah L. Toland, his wife.
The 5th line of the 2nd paragraph contained in the legal description of the Mortgage dated 11/14/2009, recorded 12/30/2009, Instrument #2009104894 inadvertently refers to “…Bucks as Baylestown, Pennsylvania in Plat Book No. 6…” instead of “…Bucks as Doylestown, Pennsylvania in Plan Book No. 8…”; the 8th line refers to “…A.D., 1955…” INSTEAD OF “…A.D., 1956…”; the 8th line refers to “…South 64 degrees…” instead of “…South 54 degrees…”; and the 5th line of the 2nd paragraph contained in the legal description of the Deed dated 9/19/1979, recorded 9/21/1979 in Deed Book D2354. Page 443 inadvertently refers to “…Bucks as Baylestown…” instead of “…Bucks as Doylestown…”, and the 5th line of the 2nd paragraph refers to “…the dsaid Southeasterly…” instead of “…the said Southeasterly…”, and is corrected above.
The sale will be held 07/14/2026; at 10:00 AM at outside the Main Entrance of the Bucks County Courthouse located at 55 E Court Street Doylestown PA 18901. The Secretary of Housing and Urban Development will bid $330,302.88 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 $330,302.88 as of 03/16/2026, 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.
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.
KML LAW GROUP, P.C.
Foreclosure Commissioners
(215-825-6305)