Notice Content
CLASS:0970
GB2-30856 Haynes MBFC16-039 2/4, 11, 18, 25; 2016 Notice of Sale Under Power Georgia, Haralson County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Landdon A. Haynes to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Taylor, Bean & Whitaker Mortgage Corp., dated August 29, 2008, and recorded in Deed Book 961, Page 53, Haralson County, Georgia records, as last transferred to Carrington Mortgage Services, LLC by Assignment recorded in Deed Book 1124, Page 380, Haralson County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $111,504.00, 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 Haralson County, Georgia, within the legal hours of sale on the first Tuesday in March, 2016, to wit: March 1, 2016, the following described property: All that tract or parcel of land lying and being in Land Lot 197 of the 7th District and 5th Section of Haralson County, Georgia, in the City of Bremen, and being Tract 1 according to a plat made by Raymond K. Harvell, dated March 12, 1975, a copy of which plat is recorded in Plat Book 5, Page 42 in the Office of the Clerk of Superior Court of Haralson County, Georgia, which plat and the record thereof are each by reference incorporated herein. Said Tract 1 is more particularly described as beginning at a point on the southwest right of way of Lakeview Drive, which is north 43 degrees 37 minutes west 1,714 feet from the intersection of the southwest side of Lakeview Drive with the northerly side of Bush Street, and from said Point of beginning, running north 43 degrees 37 minutes west along the southwest side of Lakeview Drive 100 feet to the south4east corner of Tract 2 as shown on said plat; thence along a line dividing Tracts 1 and 2, south 46 degrees 23 minutes west 200 feet to a corner; thence south 43 degrees 37 minute east 100 feet to the southwest corner of Tract 1; thence north 46 degrees 23 minutes eat 200 feet to the point of beginning; being a part of the property acquired by Danny R. Smith by deed from Marshall E. Reid, dated March 13, 1975 and recorded in Deed Book 174, Page 421. 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 attorney's fees (notice of intent to collect attorney's fees having been given). Said property is commonly known as 314 Lakeview Drive, Breman, GA 30110, 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): Landdon A. Haynes 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: Carrington Mortgage Services, LLC Attention: Loss Mitigation Department 1600 South Douglass Road, Suite 200-A Anaheim, CA 92806
1-888-788-7306 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 Carrington Mortgage Services, LLC as attorney in fact for Landdon A. Haynes 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. MBFC16-039
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