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 Ronald E. Jackson and Shawn D. Jackson to Mortgage Electronic Registration Systems, Inc. as nominee for Ownit Mortgage Solutions, Inc., dated October 26, 2006, and recorded in Deed Book 47247, Page 405, Gwinnett County, Georgia records, as last transferred to The Bank of New York Mellon, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage-Backed Notes and Certificates, Series 2010-16 by Assignment recorded in Deed Book 50946, Page 483, Gwinnett County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $172,800.00, 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 59 of the 5th District, Gwinnett County, Georgia, being Lot 111, Block A of Olde Hickory Village, Phase 1, as per plat recorded in Plat Book 89, Page 271, Gwinnett County Records, which plat is incorporated herein by reference and made a part hereof, being improved property known as 2155 Hickory Station Circle according to the present system of numbering houses in Gwinnett County, Georgia.
A.P.N.:R5-059-303
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 2155 Hickory Station Circle, Snellville, GA 30078, 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): Ronald E. Jackson and Shawn D. Jackson 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, as indenture trustee, on behalf of the holders of the CSMC Trust 2010-16 Mortgage-Backed Notes and Certificates, Series 2010-16
as attorney in fact for
Ronald E. Jackson and Shawn D. Jackson
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.
FC11-299
950-418183, 5/12,19,26,6/2
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