5803 Mitre Peak LN

CANYON GATE AT THE BRAZOS SEC 3, BLOCK 3, LOT 37

C&M No. 44-25-01579/ RECORD NOS r
NOTICE OF TRUSTEE'S SALE AND APPOINTMENT OF SUBSTITUTE
TRUSTEE
Assert and protect your rights as a lllember of the armed forces of the United States. If you
are or your spouse is serving on active military duty, including active military duty as a
member of the Texas National Guard or the National Guard of another state or as a member
of a· reserve component of the armed forces of the United States, please send written notice of
the active duty military service to the sender of this notice immediately. Sender is: Codilis &
Moody, P.C., 20405 State Highway 249, Suite 170, Houston, TX 77070
INSTRUMENT BEING FORECLOSED AND MORTGAGE SERVICER INFORMATION
Deed of Trust dated July 14, 2014 and recorded under Clerk's File No. 2014074802, in the real propert;y records of
Fort Bend CoWity Texas, with Kevin Foster as Gran.tor(s) and Mortgage Electronic Registration Systems, Inc., as
beneficiary, as nominee for Homebridge Financial Services, Inc., its successors and assigns as Original Mortgagee.
Deed of Trust executed by Kevin Foster securing payment of the indebtedness in the original principal amount of
$195,395.00 and obligation therein described including but not limited to the promissory note and all modifications,
renewal and extensions of the promissory note (the ''Note") executed by Kevin Foster. NewRez IJ.C d/b/a
Shellpoint Mortgage Servicing is the current mortgagee (the ''Mortgagee'') of the Note and Deed of Trost or
Contract-Lien.
The Mortgage Servicer is authorized to represent the Mortgagee by virtue of a servicing agreement with the
Mortgagee. Pursuant to the Servicing Agreement and Texas Property Code 51.0025, the Mortgage Servicer is
authorized to collect the debt and to administer any resulting foreclosme of the property securing the above
referenced loan. Shellpoint Mortgage Servicing is acting as the Mortgage Servicer for the Mortgagee. Shellpoint
Mortgage Servicing, is representing the Mortgagee, whose address is: 75 Beattie Place, Suite 300, GreenviUe, SC
29601.
Legal Description:
LOT THIRTY-SEVEN (37), IN BLOCK THREE (3), OF CANYON GATE AT THE BRAZOS SECTION
THREE (3), A SUBDIVISION IN FORT BEND COUNTY, TEXAS, ACCORDING TO TIIE MAP OR
PLAT THEREOF, RECORD ED AT SLIDE NO(S). 1880/B AND 1881/A OF THE PLAT RECORDS OF
FORT BEND COUNTY, TEXAS.
SALE INFORMATION
---'Date of Sale: 10/07/2025 Earliest Time Sale Will Begin: 1:00 PM
Location or Sale: The place of the sale shall be: Fort Bend County Courthouse, Texas at the following
location: Fort Bend County Fairgrounds -Building C, 4310 Highway 36 South, Rosenberg, Texas n471 or if the
preceding area is no longer the designated area, at the area most recently designate d by the County Commissioner's
Cµurt.
TERMS OF SALE
A default has occurred in the payment of said herein referenced indebtedness, and the same is now wholly due, and'
the Mortgagee and/or Mortgage Servic�r has requested the hereinafter appointed Substitute Trustee to sell said
property to the highest bidder for cash and to distribute or apply the proceeds of said sale in accordance with the
terms of said Deed of Trust.
The Sale will be conducted as a public auction to the highest bidder for cash, except that Mortgagee's bid may be by
credit against the indebtedness secured by the lien of the Deed of Trust. Pursuant to the Deed of Trust, the
mortgagee has the right to direct the Trustee to sell the property in one or more parcels and/or to sell all or only part
of the property. Pursuant to Section 51.009 of the Texas Property Code, the Property will be sold in "AS IS,"
44-25-01579
Fort Bend I ll�ll lllf lllll lllll 11111 IIIII IIII IIIIIIII 4848092 "WHERE ISto condition, without any express or Implied warranties, except as to the warranties of title, if
any, provided for under the Deed of Trust.
The sale will begin at the earliest time stated above,' or within three (3) hours after that time. If the sale is set aside
for any reason, the Purchaser at the sale shall be entitled only to a return of the funds paid. The Purchaser shall have
no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney.
TIDS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE
PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIBD IN TIUS NOTICE OF
SALE. THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF
THE MORTGAGEE OR MORTGAGE SERVICER.
WHEREAS, in my capacity as attorney for the Mortgagee and/or Its Mortgage Servicer, and pursuant to Section
51.0076 of the Texas Property Code, I HEREBY APPOINT AND DESIGNATE Jeff Lev� Sandy Daslgenis,
Megan L. Randle, Ebbie Murphy, Wayne Daughtrey, Steve Lev� Nicole Durrett, Thomas Delaney, Danya
Gladney, Aaron Demuth, Codilis & Moody, P.C .. or ServiceLink Auction, as Substitute Trustee.
The address for the Substitute Trustee for purposes of Section 51.0075(e) of the Texas Property Code "is:
Codills & Moody, P.C.
20405 State Highway 249, Suite 170
Houston, TX 77070
(281) 925-5200
STATE OF TEXAS
COUNTY OF HARRIS Will Morphis, Attorney at Law
Codilis & Moody, P.C.
20405 State Highway 249, Suite 170
Houston, TX 77070
(281) 925-5200
Before me, the undersigned Notary Public, on this day personally appeared Will Morphis as Attorney for the
Mortgagee and/or Mortgage Servicer known to me or proved to me through a valid State driver's license or other
official identification descn"bed as Personal Know1edge, to be the person whose name is subscribed to the foregoing
instrument and acknowledge to me that he/she executed the same for the purposes and consideration therein
expressed.
;t.' !ELLE RUIZ 1), ie, Stat!il of Texas
\jIres 19-()5-2027
'% D 192193366
Posted and filed by: _________ _ s �t·. Sft
Printed Name: _ __________ _
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