Notice Content
Notice of Sale Under Power
Georgia, Gilmer County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Mary Alice McClure to Mortgage Electronic Registration Systems, Inc. (""ERS"" as nominee for Urban Financial Group, dated December 21, 2010, and recorded in Deed Book 1648, Page 501, Gilmer County, Georgia records, as last transferred to Reverse Mortgage Solutions, Inc. by Assignment recorded in Deed Book 1958, Page 152, Gilmer County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $217,500.00, 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 Gilmer County, Georgia, within the legal hours of sale on the first Tuesday in April, 2016, to wit: April 5, 2016, the following described property:
All that tract or parcel of land lying and being in the 6th District, 2nd Section, Land Lot 37 of Gilmer County, Georgia, being described as Lot L-100 of Walnut Mountain as shown on a plat of survey by J. A. Taylor, G.R.L.S. and recorded in Gilmer County Records in Plat Book 4, Page 151. Said plat is incorporated herein by reference hereto for a full and complete description of the above described property.
Being and intended to be the same property conveyed by Warranty Deed dated June 3, 2003, from Clifford DeLoach and Jennifer DeLoach in favor of West Point Builders, Inc. and recorded in Gilmer County Records in Deed Book 960, Page 334.
Being and intended to be the same property conveyed by Warranty Deed dated May 10, 2007, from West Point Builders, Inc. in favor of Mary Alice Walker and recorded in Gilmer County Records in Deed Book 1380, Page 63.
Subject to all easements, restrictions and rights of way as shown on plat recorded in Gilmer County Records in Plat Book 4, Page 151.
Subject to Declaration of Covenants, Conditions and Restrictions for Walnut Mountain recorded in Gilmer County Records in Deed Book 48, Page 472; amended in Gilmer County Records in Deed Book 50, Page 491; Deed Book 75, Page 198; Deed Book 75, Page 225; Deed Book 75, Page 469; Deed Book 268, Page 87; and Deed Book 733, Page 145.
Subject to Declaration of Covenants, Conditions and Restrictions for Walnut Mountain recorded in Gilmer County Records in Deed Book 75, Page 239.
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 1309 Walnut Ridge, Ellijay, GA 30536, 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): Mary Alice McClure 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
Mary Alice McClure
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.
MBFC16-005
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