Gwinnett Daily Post 

Publication Name:
Gwinnett Daily Post

Publication URL:

Publication City and State:
Lawrenceville, GA

Publication County:
Gwinnett

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201602040532362270608
3220054170

Notice URL:

Notice Publish Date:
Thursday, February 04, 2016

Notice Content

NOTICE OF SALE UNDER POWER GEORGIA, GWINNETT COUNTY Under and by virtue of the Power of Sale contained in a Security Deed from BARTON K. JONES and KELLY S. JONES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR EVERBANK dated JANUARY 13, 2006, and recorded on JANUARY 23, 2006, in DEED BOOK 46078, PAGE 242, of the GWINNETT County, Georgia Records; as last assigned to GREEN TREE SERVICING LLC NKA DITECH FINANCIAL LLC, by Assignment dated MAY 7, 2014, and recorded on JUNE 9, 2014, recorded at DEED BOOK 52958, PAGE 125, aforesaid records; conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FIFTY TWO THOUSAND Dollars and 00/100 ($252,000.00) 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 the first TUESDAY in MARCH 2016, the following described property: All that tract or parcel of land lying and being in Land Lot 115 of the 5th District of Gwinnett County, Georgia, being Lot 41, Block B, Hanarry Estates North Subdivision, Unit Three, per plat recorded in Plat Book 27, Page 298, as revised at Plat Book 29, Page 63, Gwinnett County records, which plats are by reference thereto, specifically incorporated herein; being improved real property known as 764 Austin Court, according to the present system of numbering in the City of Lawrenceville, Georgia. The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, non-payment of the monthly installments as required by said 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 the Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given) and all other payments provided for under the terms of the Security Deed and Note. 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. 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 holder of the security deed. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ditech Financial LLC fka Green Tree Servicing LLC, P. O. Box 6172, Rapid City, SD 57709, (800) 643-0202. To the best of the undersigneds knowledge and belief, said property is also known as 764 Austin Court, Lawrenceville, Georgia 30045, and the parties in possession of the property are Barton K. Jones and Kelly S. Jones or a tenant or tenants of said property. DITECH FINANCIAL LLC FKA GREEN TREE SERVICING LLC As Attorney-in-Fact for BARTON K. JONES and KELLY S. JONES Kenney & Medina, P.C. 3302 McGinnis Ferry Road, Suite 100 Suwanee, Georgia 30024 (770) 564-1600 THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 950-310372, 2/4,11,18,25