Notice Content
Notice of Sale
Under Power.
State of Georgia,
County of GWINNETT.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MIGUEL GOMEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), AS NOMINEE FOR PINE STATE MORTGAGE CORPORATION , dated 02/25/2005, and Recorded on 03/07/2005 as Book No. 41871 and Page No. 0036, GWINNETT County, Georgia records, as last assigned to THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. BEAR STEARNS ALTA TRUST 20055, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 20055 (the Secured Creditor), by assignment, conveying the afterdescribed property to secure a Note of even date in the original principal amount of $176,400.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the GWINNETT County Courthouse within the legal hours of sale on the first Tuesday in November, 2015, the following described property: ALL THA TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 206 OF THE 6TH LAND DISTRICT OF GWINNETT COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED AS LOT 47, BLOCK A OF BRECKINRIDGE STATION, DATED DECEMBER 10, 2003, PREPARED BY PRECISION PLANNING, INC., SAID PLAT OF SURVEY FILED FOR RECORD ON MARCH 5, 2004 AND RECORDED AT PLAT BOOK 102, PAGES 8182 AND REVISED AT PLAT BOOK 105, PAGES 9091 RECORDED ON AUGUST 26, 2004, GWINNETT COUNTY, GEORGIA RECORDS, REFERENCED TO SAID PLAT OF SURVEY AND THE REORD THEREOF BEING HEREBY MADE FOR A MORE COMPLETE LEGAL DESCRIPTION. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. BEAR STEARNS ALTA TRUST 20055, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 20055 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. AMERICAS SERVICING COMPANY, acting on behalf of and, as necessary, in consultation with THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. BEAR STEARNS ALTA TRUST 20055, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 20055 (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 4414162.2, AMERICAS SERVICING COMPANY may be contacted at: AMERICAS SERVICING COMPANY, 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 8002883212. Please note that, pursuant to O.C.G.A. 4414162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 1863 EXECUTIVE DRIVE, DULUTH, GEORGIA 30096 is/are: MIGUEL GOMEZ or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. 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 holder of the security deed. Pursuant to O.C.G.A. Section 913172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK NA AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. BEAR STEARNS ALTA TRUST 20055, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 20055 as Attorney in Fact for MIGUEL GOMEZ. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20110134003692 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 3415398.
950-284948, 10/8,15,22,29
Back