The Augusta Chronicle 

Publication Name:
The Augusta Chronicle

Publication URL:

Publication City and State:
Augusta, GA

Publication County:
Richmond

Notice Popular Keyword Category:

Notice Keywords:
foreclosure foreclosures

Notice Authentication Number:
201512050125221516342
3220054796

Notice URL:

Notice Publish Date:
Thursday, November 26, 2015

Notice Content

Notice of Sale Under Power. State of Georgia, County of RICHMOND. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by VIRGINIA M BUNCH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. , dated 09/10/2005, and Recorded on 10/10/2005 as Book No. 01018 and Page No. 1236, RICHMOND County, Georgia records, as last assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET BACKED CERTIFICATES, SERIES 2005 9 (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $61,200.00, 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 RICHMOND County Courthouse within the legal hours of sale on the first Tuesday in December, 2015, the following described property: THE PROPERTY HEREINAFTER DESCRIBED, TO WIT: ALL THAT LOT OR PARCEL OF LAND, TOGETHER WITH IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE STATE GEORGIA, COUNTY OF RICHMOND, BEING KNOWN AND DESIGNATED AS LOT 33, BLOCK F OF SAID RIDGE SUBDIVISION, SECTION II B, AS SHOWN UPON A PLAT WHICH IS FILED FOR RECORD IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT, RICHMOND COUNTY, GEORGIA ON REALTY REAL 237, PAGES 357 564. REFERENCE IS HEREBY MADE TO SAID PLAT FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF THE METES, BOUNDS AND LOCATION OF SAID PROPERTY. THIS PROPERTY IS CONVEYED SUBJECT TO PROTECTIVE COVENANTS WHICH ARE RECORDED IN THE AFORESAID CLERK'S OFFICE. THE PARTIES OF THE SECOND PART, BY THE ACCEPTANCE OF THIS DEED, SPECIFICALLY ASSUME AND AGREE TO PAY THE INDEBTNESS DUE UNDER THE TERMS OF A SECURITY DEED GIVEN BY THE PARTIES OF THE FIRST PART TO NATIONWIDE LENDING GROUP, INC. RECORDED ON REALTY REAL 268, AT PAGE 403 AND WHICH WAS ASSIGNED TO UNION PLANTERS NATIONAL BANK BY AN INSTRUMENT RECORDED ON REALTY REAL 175 AT PAGE 43, RECORDS OF RICHMOND COUNTY, GEORGIA, AND ALSO HEREBY ASSUMES THE OBLIGATIONS OF THE PARTIES OF THE FIRST PART UNDER THE TERMS OF THE INSTRUMENTS GREETING THE LOAN TO INDEMNIFY THE VETERANS ADMINISTRATION TO THE EXTENT OF ANY CLAIN PAYMENT ARISING FROM THE GUARANTY OR INSURANCE OF THE INDEBTNESS ABOVE MENTIONED. FOR INFORMATIONAL PURPOSES ONLY: THE APN IS SHOWN BY THE COUNTY ASSESOR AS APN: 140 0 460 000; SOURCE OF TITLE IS BOOK 34B, PAGE 2368 (RECORDED 08/09/90). 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 attorney's fees (notice of intent to collect attorney's fees having been given). THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET BACKED CERTIFICATES, SERIES 2005 9 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC, acting on behalf of and, as necessary, in consultation with THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET BACKED CERTIFICATES, SERIES 2005 9 (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. 44 14 162.2, DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC may be contacted at: DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC, 345 SAINT PETER STREET, ST. PAUL, MN 55102, 800 643 0202. Please note that, pursuant to O.C.G.A. 44 14 162.2, 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 2838 PEPPERDINE DR., HEPHZIBAH, GEORGIA 30815 is/are: VIRGINIA M BUNCH 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 9 13 172.1, 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 TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET BACKED CERTIFICATES, SERIES 2005 9 as Attorney in Fact for VIRGINIA M BUNCH. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000004317632 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341 5398. November 5, 12, 19, 26, 2015 Ad #16755989