Notice Content
CLASS:007
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF COWETA Because of a default in the payment of the indebtedness secured by a Security Deed executed by David R. Miller and Judith J. Miller to Mortgage Electronic Registration Systems, Inc. as nominee for Merrill Lynch Credit Corporation and its successors and assigns dated January 11, 2002, and recorded in Deed Book 1827, Page 520, Coweta County Records, said Security Deed having been last sold, assigned, transferred and conveyed to PHH Mortgage Corporation by Assignment, securing a Note in the original principal amount of $65,250.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 1, 2015, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of land situate, lying and being in Land Lot 82 of the Fourth Land District of Coweta County, Georgia and being identified as Tract 2, containing 5.164 acres, as shown on plat of survey for Rustica Estates, Inc. dated September 10, 1984 made by John R. Christopher, Registered Land Surveyor, as recorded in Plat Rook 35, Page 11, in the Office of the Clerk of the Superior Court of Coweta County, Georgia to which plat reference is hereby made for a more particular and accurate description of the property conveyed herein, and being more particularly described as follows: BEGIN at an iron pin located on the West right of way of Summers-McKoy Road which iron is located South 03∞ 02' 613.53 feet from the point of intersection made by the West right of way of Summers-McKoy Road with the north land lot line of Land Lot 82 of the Fourth Land District of Coweta County, Georgia, and from said point of beginning run North 86∞ 58' West 780.0 feet to a point; thence run South 08∞ 20' 30" East 306.01 feet to a point; thence run South 86∞ 58' East 719.65 feet to an iron pin set on the West right of way of Summers-McKoy Road; thence run North 03∞ 02' East 300.0 feet along the West right of way of Summers-McKoy Road to the point of beginning of the property convoyed herein. Said property is known as 544 Summers McKoy Rd., Newnan, GA 30263, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the secured creditor. The property is or may be in the possession of David R. Miller and Judith J. Miller, a/k/a J.J. Miller a/k/a Jay J. Miller a/k/a Jay Miller, successor in interest or tenant(s). PHH Mortgage Corporation as Attorney-in-Fact for David R. Miller and Judith J. Miller File no. 15-053616 SHAPIRO, SWERTFEGER & HASTY, LLP* Attorneys and Counselors at Law 2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941 (770) 220-2535/KLM www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08/06, 08/13, 08/20, 08/27, 2015 [FC-NOS] SHAPIRO, SWERTFEGER & HASTY, LLP ATTORNEYS AND COUNSELORS AT LAW DUKE BUILDING ñ SUITE 100 2872 WOODCOCK BOULEVARD ATLANTA, GEORGIA 30341 770-220-2535 FAX: 770-220-2921 No.62623-8-6-13-20-27
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