Notice Content
Notice of Sale Under Power
Georgia, Fannin County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Sandra J. Sutton to Urban Financial Group, dated December 3, 2009, and recorded in Deed Book 913, Page 767, Fannin County, Georgia records, as last transferred to Reverse Mortgage Solutions, Inc. by Assignment recorded in Deed Book 926, Page 65, Fannin County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $345,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Fannin County, Georgia, within the legal hours of sale on the first Tuesday in March, 2016, to wit: March 1, 2016, the following described property:
TRACT I
All that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia and being a part of Land Lot 76 and being more particularly described as containing 0.97 acres, more or less, as shown by that certain plat for Jerry L. Williams and Shirley H. Williams dated June 13, 2003 by Shelly J. Bishop, G.R.L.S. No. 2536. Said plat recorded on November 5, 2033 in Plat Hanger D-33, Page 4, in the Office of the Clerk of the Superior Court of Fannin County, Georgia. Pursuant to O.C. G. A. Section 44-2-28, reference is hereby made to said recorded plat for the purpose of incorporating same herein for a more complete meters and bounds description of the property herein conveyed. Said property is conveyed subject to all easements, restrictions, and rights of way as set forth on said recorded plat or as appearing of record.
TRACT II
All that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia and being a part of Land Lot 76 and being more particularly described as containing 0.44 acres, more or less, as shown by that certain plat for Jerry L. Williams and Shirley H. Williams dated March 16, 1996 by Richard J. Pool, G.R.L.S. No. 2667. Said plat recorded on April 1, 1996 in Plat Hanger A-247, Page 1, in the Office of the Clerk of the Superior Court of Fannin County, Georgia. Pursuant to O.C. G. A. Section 44-2-28, reference is hereby made to said recorded plat for the purpose of incorporating same herein for a more complete meters and bounds description of the property herein conveyed. Said property is conveyed subject to all easements, restrictions, and rights of way as set forth on said recorded plat or as appearing of record.
Subject to existing easements and right of way for public roads, if any. Also subject to Fannin County, Georgia subdivision regulations, mobile home regulations and any zoning or other ordinances, if any.
This conveyance made together with right of ingress, egress and utility service along existing roads to the subject property.
This being that same property conveyed unto Johnny W. Sutton and Sandra J. Sutton by Warranty Deed from Jerry L. Williams and Shirley H. Williams, dated August 30, 2004, recorded on September 21, 2004 in Deed Book 592, Page 232-233, in the Office of the Clerk of Superior Court, Fannin County, Georgia. (Johnny W. Sutton passed away on May 20, 2006.)
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. The debt remaining 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).
Said property is commonly known as 520 Lavista Drive, Blue Ridge, GA 30513, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Sandra J. Sutton or tenant or 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is:
Reverse Mortgage Solutions, Inc. Attention: Loss Mitigation Department 14405 Walters Road, Suite 200 Houston, TX 77014 1-866-503-5559
The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being
Reverse Mortgage Solutions, Inc. as attorney in fact for Sandra J. Sutton
Martin & Brunavs, 5775 Glenridge Drive Building D, Suite 100, Atlanta, GA 30328. 404.982.0088
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
MBFC15-016
Feb. 3-24
#222871
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