NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on August 30, 2011, a certain mortgage was executed by ROBERT H. MCGARY and ELAINE M. MCGARY, as mortgagor in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS MORTGAGEE, AS NOMINEE FOR SECURITY ONE LENDING, ITS SUCCESSORS AND ASSIGNS as mortgagee and was recorded in Office of the Recorder of Deeds of Bucks County in Mortgage BOOK 6805, PAGE 1074 OR INSTRUMENT 2011060963 (“Mortgage”); and
WHEREAS, the Mortgage encumbers property located at 116 Manor Drive Richboro, PA 18954, parcel number 31-013-053(“Property”); and
WHEREAS, Mortgagor/Record Owner ELAINE M. MCGARY died on 03/21/19. By operation of law title vests solely in ROBERT H. MCGARY and ELAINE M. MCGARY is hereby released of liability pursuant to Pa.R.C.P. 1144. Mortgagor/Record Owner ROBERT H. MCGARY died on 11/11/19 and Letters Testamentary were granted to Joseph McGary aka Joseph R. McGary on 03/29/22 by the Register of Wills of Bucks County. ;and
WHEREAS, the Property was owned by ROBERT H. MCGARY & ELAINE M. MCGARY by virtue of deed dated 9/3/2007 and recorded 9/5/2007 in Instrument#:2007081525 ;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 1/18/2018 in INSTRUMENT NUMBER 2018003523, 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 (paragraph 9 (a)(i)), as ROBERT H. MCGARY died on 11/11/2019 and that upon the death the entire 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 7/7/2025 is $525,470.00 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. Instrument#:2011065911, in the Office of the Recorder of Deeds of Bucks County, Pennsylvania, notice is hereby given that on 10/15/2025; at 10:00 AM at 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 BUILDING AND IMPROVEMENTS TO BE ERECTED THEREON, DESCRIBED ACCORDING TO A PLAN OF RICHBORO MANOR WHICH PLAN IS RECORDED IN THE OFFICE FOR THE RECORDING OF DEEDS IN AND FOR THE COUNTY OF BUCKS IN PLAN BOOK 12, PAGE 3, SITUATE IN NORTHAMPTON TOWNSHIP, COUNTY OF BUCKS COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT OF REVERSE CURVE ON THE WESTERLY SIDE OF CENTER STREET (50 FEET WIDE) AT THE DISTANCE OF 45.55 FEET MEASURED ON THE ARC OF A CIRCLE CURVING TO THE RIGHT HAVING A RADIUS OF 25 FEET FROM A POINT OF CURVE ON THE SOUTHERLY SIDE OF MANOR DRIVE (50 FEET WIDE); THENCE EXTENDING ALONG THE SAID WESTERLY SIDE OF CENTER STREET ON THE ARC OF A CIRCLE CURVING TO THE LEFT HAVING A RADIUS OF 222.25 FEET THE ARC DISTANCE OF 55.67 FEET TO A POINT OF TANGENT; THENCE STILL ALONG THE SAME, SOUTH 3 DEGREES 54 MINUTES 05 SECONDS EAST 104.04 FEET TO A POINT; THENCE EXTENDING ALONG LANDS NOW OR LATE OF WILLIAM WENDING, SOUTH 86 DEGREES 05 MINUTES 55 SECONDS WEST 105 FEET TO A POINT; THENCE EXTENDING ALONG LOT NO. 11 ON SAID PLAN, NORTH 3 DEGREES 54 MINUTES 05 SECONDS WEST 190.5 FEET TO A POINT ON THE SOUTHERLY SIDE OF MANOR DRIVE, AFORESAID; THENCE EXTENDING ALONG THE SAID SOUTHERLY SIDE OF MANOR DRIVE, NORTH 65 DEGREES 05 MINUTES 55 SECONDS EAST 87.77 FEET TO A POINT OF CURVE; THENCE EXTENDING ON THE ARC OF A CIRCLE CURVING TO THE RIGHT HAVING A RADIUS OF 25 FEET THE ARC DISTANCE OF 45.55 FEET TO THE POINT AND PLACE OF BEGINNING.
BEING KNOWN AS LOT #12 ON SAID PLAN.
PARCEL NUMBER(S): 310-13053
The sale will be held 10/15/2025; at 10:00 AM at 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 $525,470.00 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 $525,470.00 as of 07/07/2025, 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)