Notice Content
NOTICE OF
FORECLOSURE SALE
UNDER POWER
GWINNETT COUNTY,
GEORGIA
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by James Boone and Yvonne Boone to Mortgage Electronic Registration Systems, Inc. as nominee for Ryland Mortgage Company, dated August 11, 2005, and recorded in Deed Book 44058, Page 169, Gwinnett County, Georgia Records, as last transferred to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-49CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-49CB by assignment recorded on August 2, 2012 in Book 51536 Page 496 in the Office of the Clerk of Superior Court of Gwinnett County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of One Hundred Ninety-Eight Thousand Nine Hundred Sixty and 0/100 dollars ($198,960.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Gwinnett County, Georgia, within the legal hours of sale on March 1, 2016, the following described property:
All that tract or parcel of land lying and being in Land Lot 3, of the 2nd District, Gwinnett County, Georgia, being Lot 82, Block A, Brookside Crossing Subdivision, Unit 1, Phase 1, as per plat recorded at Plat Book 105, Pages 228-231, Gwinnett County, Georgia Records, which plat is incorporated herein by this reference and made a part hereof.
The debt secured by said Security Deed 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 Security Deed. 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 Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Your mortgage servicer can be contacted at 800-365-7107Loss Mitigation Dept, or by writing to 55 Beattie Place, Suite 110, Greenville, South Carolina 29601, to discuss possible alternatives to avoid foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is James Boone and Yvonne Boone or tenant(s); and said property is more commonly known as 3470 Tupelo Trail, Auburn, GA 30011.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-49CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-49CB as Attorney in Fact for James Boone and Yvonne Boone.
Brock & Scott, PLLC
4360 Chamblee Dunwoody Road
Suite 310
Atlanta, GA 30341
404-789-2661
B&S file no.: 15-03356
950-310577, 2/4,11,18,25
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