The issue in this case is whether Code 1975, § 35-10-8,1 allowing the sale of real property under a power of sale clause contained in a mortgage, after notice by publication only, is violative of the Fifth and Fourteenth Amendments to the United States Constitution.

This case is due to be affirmed on the authority of Levine v. Stein, 560 F.2d 1175 (4th Cir. 1977), cert. denied, 434 U.S. 1046, 98 S.Ct. 891, 54 L.Ed.2d 797 (1978) (foreclosure under a power of sale clause by a private lender does not involve sufficient state action to come under Fourteenth Amendment scrutiny). See also, Rank v. Nimmo, 677 F.2d 692 (9th Cir. 1982), cert. denied, 459 U.S. 907, 103 S.Ct. 210, 74 L.Ed.2d 168 (1982); Warren v. Government National Mortgage Association, 611 F.2d 1229 (8th Cir. 1980), cert. denied, 449 U.S. 847, 101 S.Ct. 133, 66 L.Ed.2d 57 (1980).

At any rate, the facts in this case show that on April 10, 1984, the United States Bankruptcy Court for the Northern District of Alabama entered an order allowing the mortgagee to foreclose its mortgage. Thus, the mortgagor here had this additional notice that the mortgagee was authorized to foreclose.

AFFIRMED.