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:
foreclosure foreclosures

Notice Authentication Number:
201605120111182832725
3220054170

Notice URL:

Notice Publish Date:
Thursday, May 12, 2016

Notice Content

Notice of Sale Under Power Georgia, Gwinnett County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Ruth Gentry to EquiCredit, dated January 30, 2001, and recorded in Deed Book 22251, Page 162, Gwinnett County, Georgia records, as last transferred to The Bank of New York, as trustee for the holders of the EQCC Asset Backed Certificates, Series 2001-1F by Assignment recorded in Deed Book 49073, Page 198, Gwinnett County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $45,001.00, 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 Gwinnett County, Georgia, within the legal hours of sale on the first Tuesday in June, 2016, to wit: June 7, 2016, the following described property: All that tract or parcel of land lying and being in Land Lot 295, 7th District, Gwinnett County, City of Buford, Georgia, being more particularly shown on plat of survey for Ronald H. Clack, Jr. and Callie B. Clack, dated March 26, 1995, prepared by William C. Ellis, Georgia Registered Land Surveyor, and being more particularly described as follows: BEGINNING at an iron pin on the northwestern right of way of Highland Avenue (30 foot right of way), said pin being 75 feet northeast, as measured along said right of way, from the intersection of said right of way and the northeastern right of way of Pirkle Avenue; thence running north 55 degrees 32 minutes 00 seconds west a distance of 165.11 feet, to a point; thence running north 32 degrees 07 minutes 45 seconds east, a distance of 61.49 feet to a point; thence running south 55 degrees 54 minutes 30 seconds east, a distance of 169.43 feet to a point on the northwestern right of way of Highland Avenue; thence running along said right of way south 36 degrees 07 minutes 30 seconds west, a distance of 62.57 feet to a point, being the place or point of beginning. Said property being known as 220 Highland Avenue, Buford, GA 30518. 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 attorneys fees (notice of intent to collect attorneys fees having been given). Said property is commonly known as 220 Highland Avenue, Buford, GA 30518, 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): The Heirs at Law of the Estate of Ruth Gentry 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: Select Portfolio Servicing, Inc. Attention: Loss Mitigation Department 3815 South West Temple Salt Lake City, Utah 84115 1-888-818-6032 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 The Bank of New York Mellon, f/k/a The Bank of New York, as trustee for the holders of the EQCC Asset Backed Certificates, Series 2001-1F as attorney in fact for Ruth Gentry Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FC08-710 950-418196, 5/12,19,26,6/2