3714 Birtley Bend WAY

Tamarron West Sec 3, BLOCK 2, Lot 8

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NOTICE OF SUBSTITUTE TRUSTEE'S SAili5 SEP--9 PH 12, 48
T.S. #: 2025-17307-TX
Assert and protect your rights as a member of the armed forces of the United States. H 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.
Date, Time, and Place of Sale -The sale is scheduled to be held at the following date, time and place:
Date: ~ 1/4/2025
Time: The earliest time the sale will begin is 1 :00 PM , or within three (3) hours after
that time.
Place: Fort Bend County Courthouse, Texas, at the following location: 4310 Highway 36
South, Rosenberg, TX 77471 The Fort Bend County Fairgrounds-Building C
Or if the preceding area is no longer the designated area, at the area most recently
designated by the County Commissioners Court, pursuant to section S 1.002 of the
Texas Property Code.
Property To Be Sold -The property to be sold is descn"bed as follows:
LOT 8, BLOCK 2, OF TAMARRON WEST SECTION 3, A SUBDMSION IN FORT BEND COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT NO. 20220066, PLAT RECORDS OF
FORT BEND COUNTY, TEXAS.
Commonly known as: 3714BIRTLEYBEND WAY FULSHEAR, TX 77441
Instrument to be Foreclosed -The instrument to be foreclosed is the Deed of Trust dated 7/31/2023 and recorded in
the office of the County Clerk of Fort Bend County, Texas, recorded on 8/2/2023 under County Clerk's File No
2023073631, in Book-and Page -of the Real Property Records of Port Bend County. Texas.
Grantor(s):
Original Tnstee:
Substitute Trustee:
Original Mortgagee:
Current Mortgagee:
Mortgage Servicer: MAURICE ALVAREZ AND CECILIA M ALVAREZ, HUSBAND
ANDWIFE
ANGELA R HERNANDEZ
Nestor Solutions, LLC, Auction.com, LLC, Xome Inc., Tejas Corporate
Services, LLC, Sandy Dasigenis, Jeff Leva, Steve Leva, Amar Sood,
Patricia Poston, Megan Randle-Bender aka Megan L. Randle, Sabrina
Palmer, Abstracts/Trustees of Texas, LLC, Jim Mills, Susan Mills,
Andrew Mills-Middlebrook, George Hawthorne, Ed Henderson, Debby
Jurasek, Patsy Anderson, Sheila Horak, Robin Johnson, Jeff Benton,
Ebbie Murphy, Wayne Daughtrey, Nicole Durrett, Brian Hooper, Mike
Jansta, Mike Hayward, Jay Jacobs, Andrew Garza, Corey Johns, Gail
Bell, Jacquiline Williams
Mortgage Electronic Registration Systems, Inc., as Beneficiary, as
nominee for om MORTGAGE COMPANY, LTD., its successors and
assigns
Freedom Mortgage Corporation
Freedom Mortgage Corporation T.S. #: 2025-17307-TX
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 foreclosure of the referenced property securing the above
referenced loan.
Terms of Sale -The sale will be conducted as a public auction to the highest bidder for cash, subject to the
provisions of the deed of trust permitting the mortgagee thereunder to have the bid credited to the note up to the
amount of the unpaid debt secured by the deed of trust at the time of sale.
Those desiring to purchase the property will need to demonstrate their ability to pay cash on the day the property is
sold.
The sale will be made expressly subject to any title matters set forth in the deed of trust, but prospective bidders are
reminded that by law the sale will necessarily be made subject to all prior matters of record affecting the property, if
any, to the extent that they remain in force and effect and have not been subordinated to the deed of trust. Prospective
bidders are strongly urged to examine the applicable property records to determine the nature and extent of such
matters, if any.
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, where is" condition, without any express or implied warranties, except as to the
warranties of title (if any) provided for under the deed of trust. Prospective bidders are advised to conduct an
independent investigation of the nature and physical condition of the property. Pursuant to section 51.0075 of the
Texas Property Code, the trustee reserves the right to set further reasonable conditions for conducting the sale. Any
such further conditions shall be announced before bidding is opened for the first sale of the day held by the trustee or
any substitute trustee.
Obligations Secured -The deed of trust provides that it secures the payment of the indebtedness and obligations
therein described (collectively the "Obligations") including by not limited to (1) the promissory note in the original
principal amount of $404,537.00, executed by MAURICE ALVAREZ AND CECILIA M ALVAREZ, HUSBAND
AND WIFE, and payable to the order of Mortgage Electronic Registration Systems, Inc., as Beneficiary, as nominee
for DHI MORTGAGE COMP ANY, LID., its successors and assigns; (2) all renewals and extensions of the note; and
(3) any and all present and future indebtedness of Trustor(s) to the current holder of the Obligations to the mortgagee
under the deed of trust.
The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or
encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, with interest and late
charges thereon, as provided in the note(s), advances, under the tenns of the Deed of Trust, interest thereon, fees,
charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of ~ale)
reasonably estimated to be set forth below. The amount may be greater on the day of sale.
Questions concerning the sale may be directed to the undersigned or to the Mortgagee:
Freedom Mortgage Corporation
11988 EXIT 5 PKWY BLDG 4
FISHERS IN 46037-7939
Phone: (855) 690-5900 T.S. #: 2025-17307-TX
Default and Request to Aet -Default has occurred under the deed of trust, and the mortgagee has requested me, as
Trustee, to conduct this sale. Notice is given that before the sale the mortgagee may appoint another person substitute
trustee to conduct the sale.
Dated: 09/09/2025 Nestor Solutions, LLC, Auction.com, LLC, Xome Inc., Tejas Corporate
Services, LLC, Sandy Dasigenis, Jeff Leva, Steve Leva, Amar Sood, Patricia
Poston, Megan Randle-Bender aka Megan L. Randle, Sabrina Palmer,
Abstractsffrustees of Texas, LLC, Jim Mills, Susan Mills, Andrew Mills­ Middlebrook, George Hawthorne, Ed Henderson, Debby Jurasek, Patsy
Anderson, Sheila Horak, Robin Johnson, Jeff Benton, Ebbie Murphy,
Wayne Daughtrey, Nicole Durrett, Brian Hooper, Mike Jansta, Mike
Hayward, Jay Jacobs, Andrew Garza, Corey Johns, Gail Bell, Jacquiline
Williams
~ L c/o NestSol1ionf LLC
214 5th S eet, Suite 20S
Huntington Beach, California 92648
Phone: (888) 403-4115
Fax: (888) 345-5501
For sale information visit: https://www.xome.com or Contact (800) 758-8052.
SENDER OF TIIIS NOTICE:
AFTER FILING, PLEASE RETURN TO:
Nestor Solutions, LLC
214 5th Street, Suite 205
Huntington Beach, California 92648 APPOINTMENT OF SUBSTITUTE TRUSTEE:
THIS INSTRUMENT APPOINTS THE SUBSTITIJTE TRUSTEE(S) IDENTIFIED m SELL THE
PRQPERlY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN TIJIS NOTICE OF SALE
THE PERSON SIGNING THIS NOTICE IS THE ATIPRNEX QR AUTHORIZED AGENT OF THE
MORTGAGEE OR MORTGAGE SERVICER.
The undersigned is the attorney for the mortgagee and/or mortgage servicer, and 1n such capacity does
hereby remove the original trustee and all successor substitute trustees under the above-described Deed of Trust
and appoints in their place, any to act, those substitute trustees identified 1n the SALE INFORMATION secdon
of this nodce, whose address is c/o Padgett Law Group, 546 Silicon Dr., Suite 103, Southlake, TX 76092 as
Substitute Trustee, who shall hereafter exercise all powers and duties to set aside the said original trustee under
said Deed of Trust, and further does hereby request, authorize, and instruct said Substitute Trustees to conduct
and direct the execudon of remedies set aside to the beneficiary therein.
WHEREAS, the above-named Grantor(s) previously conveyed the above described property in tmst to
secure payment of the Note set forth in the above-described Deed of Trust; and
WHEREAS, a default under the Note and Deed of Trust was dedared, such default was reported to not
have been cured, and all sums secured by such Deed of Trust are dedared immediately due and payable.
WHEREAS, the original nustee and any previously appointed Substitute 'Ihlstee under said Deed of
Trust has been hereby removed and the herein described Substitute 'Ihlstees, have been appointed as Substitute
Trustees and authorized by the Mortgage Servicer to enforce the power of sale granted in the Deed of 'Irust; and
WHEREAS, the undersigned law firm has been requested to provide these notices on behalf of the
CU1Tent Mortgagee, Mortgage Servicer and Substitute Trustees; ·
NOW, THEREFORE, NOTICE IS HEREBY GIVEN of the foregoing matters and that:
1. The maturity of the Note is hereby accelerated, and all sums secured by the Deed of Trust are
dedared to be immediately due and payable.
2. The herein appointed Substitute Trustees, any to act, as Substitute Trustee will sell the Property to
the highest bidder for cash on the date, at the place, and no earlier than the time set forth above in
the Sale Information section of this notice. The sale will begin within three hours after that ti.me.
3. This sale shall be subject to any legal impediments to the sale of the Property to any exceptions
referenced in the Deed of Trust or appearing of record to the extent the same are still in effect and
shall not cover any property that has been released from the lien imposed by the Deed of Trust.
4. No warranties, express or implied, induding but not limited to the implied warranties of
merchantability and fitness for the particular purpose shall be conveyed at the sale, save and except
the Grantor's warranties specifically authorized by the Granter in the Deed of Trust. The property
shall be sold "AS-IS", purchaser's will buy the property "at the purchaser's own risk" and "at his
peril" and no representation is made concerning the quality or nature of title to be acquired.
Purchasers will receive whatever interest Grantor and Grantor's assigns have in the property,
subject to any liens or interest of any kind that may survive the sale. Interested persons are
encouraged to consult counsel of their choice prior to participating in the sale of the property.
5. 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,
the Mortgagee's Attomey, or the duly appointed Substitute Trustee.
Michael J. Bums/ Jonathan Smith/ Gabrielle A. Davis/ Paige Jones
PLG File Number: 25-011757-1 2