Foreclosure Notice - 1309 Bernie Ave, Rosenberg, 77471 - 10/06/2026
The properties may be occupied; do not disturb the occupants.
Address
Auction Date
Foreclosure
Appraised
Year Built
Lien
Sq. Ft.
Prop Type
Address
Foreclosure
Year Built
Prop Type
1309 Bernie Ave
10/06/2026
mortgage
$1,307,190
-
$340,000
0
A1 - Residential Single
1309 Bernie Ave
mortgage
-
A1 - Residential Single
For a full list of foreclosure notices please visit the foreclosure listing page
Details
Status:  ACTIVE
Mortgage Foreclosure
Legal Description
GARDEN ACRES, BLOCK 1, LOT 13
Links
Additional info
Appraised Value:  $1,307,190
Year Built:  
Lien Amount:   $340,000
Improvement Area:  0 sq.ft.
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Foreclosure Notice*
START OF PAGE: 414 APPOINTMENT OF SUBSTITUTE TRUSTEE AND NOTICE OF FORECLOSURE SALE ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER 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 WRITIEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. llt Date, Time, and Place of Sale -The sale is scheduled to be held at the following date, time and place: / Date: October 6, 2026 Time: The sale will begin no earlier than 1 :00 PM or no later than three hours thereafter. The sale will be completed by no later than 4:00 PM Place: Fort Bend County Courthouse in Richmond, Texas, at the following location: Gus George Academy 1521 Eugene Heimann Cir Richmond, TX 77469 OR IN THE AREA DESIGNATED BY THE COMMISSIONER'S COURT, PURSUANT TO SECTION 51.002 OF THE TEXAS PROPERTY CODE Property To Be Sold: See Exhibit "A" attached hereto and made a part hereof. Instrument to be Foreclosed: Deed of Trust: The instrument to be foreclosed is the Wraparound Deed of Trust is dated 5/27/2026 and is recorded in the office of the County Clerk of Fort Bend County, Texas under County Clerk's File No. 2026054331, recorded on 5/28/2026, of the Real Property Records of Fort Bend County, Texas (the term .. Deed of Trust" herein shall mean the Deed of Trust as so modified, renewed, and/or extended) and secures the payment of the indebtedness and obligations described therein (collectively the "Obligations"), including, but not limited to: (1) the wraparound promissory note in the original principal amount of $340,000.00, executed by Akinola Olufuwa and Adekunbi Dawodu, and payable to the order of Robert P. Brennan and Stephanie Brennan, as Lender, their successors and assigns; (2) all renewals and extensions of the note; and (3) any and all present and future indebtedness of the Trustor(s) to the current holder of the Obligations, secured by the Deed of Trust. Default has occurred in the payment of indebtedness, and the same is now wholly due and payable. The owner and holder of the Obligations have requested that the Substitute Trustee sell the Property to satisfy the indebtedness. Property Address: 1309 Bernie Avenue, Rosenberg, TX 77471 Notice Regarding Superior Lien -Property Sold Subject to Prior Encumbrance. THIS FORECLOSURE SALE IS MADE SOLELY WITH RESPECT TO THE WRAPAROUND DEED OF TRUST DESCRIBED HEREIN. The superior lien described as the Deed of Trust executed by Stephanie Brennan and Robert P. Brennan to Thomas E. Black, Jr., Trustee, recorded at Instrument No. 2024074995, Real Property Records, Fort Bend County, Texas, securing a note originally in the principal sum of$360,000.00 payable to Members Choice Credit Union (through Mortgage Electronic Registration Systems, Inc., acting solely as nominee)- is not being foreclosed and will survive this sale. A purchaser at this foreclosure sale will take title to the Property subject to that prior lien, including any and all amounts remaining due and owing thereunder at the time of the sale. The current outstanding balance on the superior note is not represented or warranted herein; prospective bidders are solely responsible for determining the current payoff amount and status of the superior lien directly with the holder or servicer thereof prior to bidding. The existence of the superior lien will be reflected in the Substitute Trustee's Deed conveying the Property. • 7=lLED FOR Rjre~Bt1 NO~ TIME Pf ~v'--" SEP 14 2026 ~~ CountyClerkFort Bend Co, Texas START OF PAGE: 415 Grantor(s): Current Lender: Akinola Olufuwa and Adekunbi Dawodu Robert P. Brennan and Stephanie Brennan Original Lender: 11 l Robert P. Brennan and Stephanie Brennan Original Trustee: Law Office of Don W. Ledbetter, PLLC; 2400 Dallas Pkwy, #510 Plano, TX 75093 Current Substituted Trustees: Brian C. Bankhead, John D. Perches, and I. Ray Kerlick; Wadler, Perches. & Kerlick; 101 W. Burleson St., Wharton, TX, 77488 TIDS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING TmS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER. The undersigned is the attorney for the mortgagee and/or mortgage servicer, and in 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 in the SALE INFORMATION section of this notice, whose address is c/o Wadler Perches & Kerlick, 101 W. Burleson St,, Wharton, TX 77488 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 execution ofremedies set aside to the beneficiary therein. Terms of the Sale: This public Foreclosure Sale will sell all property "AS IS" at a public auction to the highest cash bidder, with the exception of the Lenders, who will be allowed to bid credit against the amount owed under the obligation secured by the lien in the Deed of Trust. Due to the default in payment of the Note and in performance of the obligations under the terms of the Deed of Trust, the Lenders directed the Substitute Trustee to administer the trust provisions. The above described Deed of Trust encumbers real property. This document constitutes formal notice by the Lenders to foreclose and sell the property, as described in Lenders' right and remedies under the Deed of Trust and in accordance with the terms of Section 9.604(a) of the Texas Business and Commerce Code and the Deed of Trust. Notice is hereby given that the Foreclosure Sale will commence at the Sale Location, Sale Date, and Sale Time indicated above. At that time, the Substitute Trustee will direct the sale of the property described in the Deed of Trust in the manner allowed by the Deed of Trust and applicable Texas law. If there is any postponement or rescheduling of the Foreclosure Sale, additional notice will be reposted and refiled in accordance with the terms of the Deed of Trust and applicable Texas law. Potential purchasers are reminded that this sale of property is made subject to the exceptions to conveyance and warranties of the Deed of Trust, all prior liens and defects to title, to the extent that they remain in force and effect and have not been subordinated to the Deed of Trust, and any rights of recession as set forth in the Texas Property Code. Potential purchasers should examine the property records describing the property within the Deed of Trust for further assurances. Pursuant to Section 51.009 of the Texas Property Code, this property will be sold "AS IS" to the highest cash bidder. Please be aware that the sale of this property will not include any possession warranties, title warranties, warranties of quiet enjoyment or other warranties, except as expressly provided by the Deed of Trust. All potential purchasers should conduct examinations of the property records for further assurances. START OF PAGE: 416 11 l Pursuant to Section S l .0075(a) of the Texas Property Code, the Substitute Trustee will establish conditions for the Foreclosure Sale as are deemed reasonable and in accordance with the Texas Property Code. Any conditions beyond what are listed in this document will be disclosed prior to the opening of bidding on the day of the Foreclosure Sale. S2t'f:2tft.i_ s'riaii C. Bankhead, Substitute Trustee START OF PAGE: 417 . . . . Exhibit "A" FIELD NOTES OF A TRACT OF LAND CONTAThTING 3.315 ACRES CALLED 3.3070 ACRES SITUATED IN THE JOHN RANDON LEAGUE, ABSTRACT 76, FORT BEND COUNTY, TEXAS AND BEING THE SAME TRACT OF LAND CONVEYED TO SOUTHERN MANORS, LLC RECORDED BY DEED IN FORT BEND COUNTY CLERK'S FILENO.(S) 2022123602 OF THE OFFICIAL PUBLIC RECORDS OF FORT BEND COUNTY, TEXAS. SAID 3.315 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: NOTE: THE BEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE 4204, NAD83. THE MONUMENTS FOUND -IN ··TIIB NORTH LINE OF SAID 3315 ·ACRES WERE USED FOR CONTROL MONUMENTS. BEGINNING at a 1" iron pipe, found in the east line of a called 37.007 acre tract ofland conveyed to Creedence Ranch, LLC recorded by deed in Fort Bend County Clerk's File No.(s) 2020004843 of the Official Public Records of said county, the northwest comer of a called 3.937 acre tract of land conveyed to Southern Manors LLC recorded by deed in Fort Bend County Clerk's File No.(s) 2022108037 of the Official Public Records of said county and for the southwest comer of the herein described tract, from which a 5/8" capped iron rod, found, being the northeast comer of a called 15.0019 acre tract ofland conveyed to 2955 Bowser, LLC recorded by deed in Fort Bend County Clerk's File No.(s) 2023023399 of the Official Public Records of said county bears S 01 °50'00" E, a distance of 179.21 feet; THENCE, N 01°40'26" W, along the east line of said 37.007 acres, a distance of 155.77 feet (calledN 00°19'56" W-155.16') to a 1/2" iron pipe, found, being the southwest corner of a called 6.60 acre tract ofland conveyed to Willie Irvin recorded by deed in Volume 2277, Page 1414 of the Official Records of said county and for the northwest comer of the herein described tract; THENCE, N 88°02'02" E, along the south line of said 6.60 acres, a distance of928.34 feet (called N 89°33'22" E-928.57') to a 1/2" iron pipe; found, in the west line of Reserve at Weston Lakes, Section 2, a subdivision in said county according to the map or plat thereof recorded in Fort Bend County Clerk's File No.(s) 20140284 of the Official Public Records of said county, the southeast comer of said 6.60 acres and for the northeast comer of the herein described tract; THENCE, S 01°28'23" E, along the west line of said Reserve at Weston Lakes, Section 2, a distance of 155.38 feet (called S 00°04'00" W -155.30') to a 1/2" iron pipe, found, being the northeast comer of said 3.93 7 acres and for the southeast comer of the herein described tract; THENCE, S 88°00'35" W, along the north line of said 3.93 7 acres, a distance of927 .80 feet ( called S 89°33'22" W-927.49') to the ''Point ofBeginning" and containing 3.315 acres ofland, more or less. 111 I
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