Notice Content
gpn14
HS Foreclosures
STATE OF GEORGIA COUNTY of LIBERTY NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from MICHAEL J. CARSWELL to MORTGAGE TRUST CORPORATION dated February 15, 1994, filed for record March 3, 1994, and recorded in Deed Book 640, Page 568, LIBERTY County, Georgia Records, as last transferred to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS MORTGAGE LOAN TRUST 2005-RP3 by assignment recorded in Deed Book 1749, Page 794, LIBERTY County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated February 15, 1994 in the original principal sum of FIFTY NINE THOUSAND THREE HUNDRED FIFTY AND 0/100 DOLLARS ($59,350.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at LIBERTY County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in May, 2016, the following described property: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE 17TH G.M. DISTRICT OF LIBERTY COUNTY, GEORGIA, AND BEING IN THE CITY OF HINESVILLE, BEING KNOWN AND DESIGNATED AS LOT NO. 21, NORTHWEST WOODS, PHASE V, AS SHOWN AND REPRESENTED ON THAT CERTAIN PLAT OF SURVEY MADE AND PREPARED BY JOE P. DAVIS, GEORGIA REGISTERED LAND SURVEYOR NO. 1436, DATED AUGUST 23, 1990, AND RECORDED IN PLAT SECTION F-70, PAGE 2, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF LIBERTY COUNTY, GEORGIA, SAID PLAT BY SPECIFIC REFERENCE IS MADE A PART HEREOF FOR DESCRIPTIVE AND ALL OTHER PURPOSES. SAID LOT OF LAND BEING BOUNDED, NOW OR FORMERLY, AS FOLLOWS: NORTHERLY BY LOT NO. 22; EASTERLY BY THE RIGHT-OF-WAY HAMPTON STREET; SOUTHERLY BY LOT NO. 20 AND WESTERLY BY NORTHWEST WOODS, PHASE VII; ALL AS SHOWN AND REPRESENTED ON THE ABOVE-REFERRED TO PLAT OF SURVEY. THIS BEING THE SAME PROPERTY AS CONVEYED BY WARRANTY DEED FROM SCOTT H. LAPE AND DENISE BOWLING LAPE TO MICHAEL J. CARSWELL DATED JUNE 19, 1992 AND FILED FOR RECORD IN RECORD BOOK 563, PAGE 580, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF LIBERTY COUNTY, GEORGIA. THIS CONVEYANCE IS EXECUTED AND DELIVERED SUBJECT TO ALL VALID RESTRICTIVE COVENANTS, EASEMENTS AND RIGHTS OF WAY OF RECORD. To the best of the knowledge and belief of the undersigned, the party in possession of the property is MICHELLE YVETTE CARSWELL or a tenant or tenants. Said property may more commonly be known as: 612 HAMPTON ST, HINESVILLE, GA 31313. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees (notice of intent to collect attorney's fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD, MAC# X7801-013, FORT MILL, SC 29715-7203; (800) 662-5014. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, 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. 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. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS MORTGAGE LOAN TRUST 2005-RP3 As Attorney-in-Fact for MICHAEL J. CARSWELL Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 28064 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. 40825 4/6,13,20,27
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