Notice Content
NOTICE OF SALE UNDER POWER
GEORGIA, GILMER COUNTY
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 ERIC VAN GEARY, JR. to Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB, dated 08/09/2007, recorded in Deed Book 1406, Page 365, Gilmer County, Georgia records, as last transferred to Ocwen Loan Servicing, LLC by assignment recorded or to be recorded in the Gilmer County, Georgia records conveying the after-described property to secure a Note in the original principal amount of One Hundred Eighty-Four Thousand and 00/100 DOLLARS ($184,000.00), 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 Gilmer 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 Lots 95 and 96, 6th District, 2nd Section of Gilmer County, Georgia, being Lot 1, consisting of 3.00 acres as shown on final plat of EAST RIDGE. Said plat, dated December 21, 2000, by Mark E. Chastain, Georgia Registered Land Surveyor No. 2718, is recorded in Plat Book 38, page 246-252, Gilmer County Records with reference made thereto for the purpose of incorporating same.
Conveyance of the above described tract is subject to the Declaration of Covenants, Conditions, and Restrictions for East Ridge, dated June 26, 2000, recorded in Deed Book 870, Page 240, Gilmer County Records
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 attorney's fees (notice of intent to collect attorney's fees having been given).
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 entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing, LLC, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 561-682-8000. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Eric Geary or a tenant or tenants and said property is more commonly known as 38 E Ridge Ln, Ellijay, GA 30540.
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.
Ocwen Loan Servicing, LLC
as Attorney in Fact for ERIC VAN GEARY, JR.
Weissman, Nowack, Curry, & Wilco P.C.
Attn: Lender Services
One Alliance Center, 4th Floor
3500 Lenox Road
Atlanta, GA 30326
Our File# 017237-006102
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