Notice Content
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF Gilmer
By virtue of the power of sale contained in a Security Deed from Robert William Barrett and Mary Anne Barrett to Mortgage Electronics Registration Systems, Inc., dated December 20, 2006, and recorded in Deed Book 1342, Page 36, and as modified by the Note Modification Agreement recorded in Deed Book 1574, Page 458, and last transferred and assigned to Branch Banking and Trust Company (""B&T"" by assignment recorded in Deed Book 1900, Page 157, Gilmer County, Georgia records, securing a Note in the original principal amount of $330,000.00, the holder thereof will sell at public outcry for cash to the highest bidder before the courthouse doors of said county during the legal hours of sale on the first Tuesday in September, 2015, the following described property, to-wit:
All that tract or parcel of land lying and being in Land lot 313, 25th District, 2nd Section, Gilmer County, Georgia, being Lots 1577, 1578 and 1579, Eagle's Mountain Resort, Unit 28, as per plat recorded in Plat Book 13, Page 121, Gilmer County, Georgia records, which plat in incorporated herein by this reference.
This property is subject to the restrictions, reservations, covenants and conditions contained in that certain instrument recorded in Deed Book 138, Page 448, Gilmer County, Georgia records.
The indebtedness secured by said Security Deed having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of the sale, including attorney's fees, notice of intention to collect attorney's fees having been given as provided by law. BB&T Loss Mitigation Department is the name of the department at BB&T who has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and their address is: BB&T Loss Mitigation Department, 301 College Street, Greenville, South Carolina 29601; Phone # 800-827-3722, Option 6.
The property will be sold subject to the following: (1) any prior restrictive covenants, easements, right-of-ways, or encumbrances; (2) any valid zoning ordinances; (3) any matters which would be disclosed by an accurate survey of the property; (4) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), assessments, unpaid bills, charges and expenses that constitute liens against the property, whether due and payable or not yet due and payable, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the secured creditor, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
The party in possession is or may be Robert William Barrett and Mary Anne Barrett, a tenant or tenants, or parties claiming under the aforementioned, and said property is more commonly known as 726 Nexus Drive #7256, Ellijay, GA 30540 per the Gilmer County Tax Assessor.
Branch Banking & Trust Company,
as Attorney-in-Fact for
Robert William Barrett and Mary Anne Barrett
Gregory M. Eells
Attorney at Law
Eells Law Group, LLC
7390 McGinnis Ferry Road, Suite 200
Suwanee, GA 30024
(770) 455-3660
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IF YOU ARE ENTITLED TO THE PROTECTIONS OF THE U.S. BANKRUPTCY CODE (11 U.S.C. § 362; 524) REGARDING THE SUBJECT MATTER OF THIS NOTICE OF SALE, THE FOLLOWING APPLIES TO YOU: THIS COMMUNICATION IS NOT AN ATTEMPT TO COLLECT, ASSESS, OR RECOVER A CLAIM OR TO ENFORCE A LIEN IN VIOLATION OF THE U.S. BANKRUPTCY CODE AND IS BEING GIVEN FOR INFORMATIONAL PURPOSES OR TO COMPLY WITH A STATUTORY REQUIREMENT ONLY.
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