Notice Content
L2 Courtney Stewart 886 5 12 16
State of Georgia
County of CHATTOOGA
Notice of Sale Under Power.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Courtney Stewart to Unity Mortgage Corp., dated 04/08/1999, and Recorded on 05/11/1999 as Book No. 336 and Page No. 333, Chattooga County, Georgia records, as last assigned to Bank Of America, N.A. (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $49,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the Chattooga County Courthouse within the legal hours of sale on the first Tuesday in June, 2016, the following described property:
All that tract or parcel of land lying and being in land lot 13 of the 6th district, 4th section, Chattooga County, Georgia, and being part of lot no. 21 in block a of the Piedmont Park subdivision according to a plat thereof recorded in plat book 1, page 7, in the office of the Clerk of Superior Court of Chattooga County, Georgia, to which plat reference is hereby made for a more specific description, and being more particularly described as follows:
Beginning at an iron pin located on the southwesterly right of way line of Dry Valley Road (20 foot right of way) 749.0 feet southeasterly, as measured along the southwesterly right of way line of dry valley road, from a point formed by the intersection of the southwesterly right of way line of Dry Valley Road and the west land lot line of land lot 13; running thence south 21 degrees 00' 00" west 920.0 feet to an iron pin; running thence south 89 degrees 59' 60" east 106.0 feet to an iron pin; running thence north 21 degrees 00' 00" east 845.0 feet to an iron pin located on the south westerly right of way line of Dry Valley Road ; running thence north 40 degrees 00' 00" west along the southwesterly right of way line of Dry Valley Road 96.00 feet to an iron pin and the point of beginning.
The above described property being the same property as that conveyed by warranty deed from Jessie Lee Colbert Penland to William H. Penland dated December 31, 1990, and recorded at deed book 241, page 427, aforesaid records. 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. Because the debt remains 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). Bank Of America, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. Bank Of America, N.A., as successor by merger to Bac Home Loans Servicing, LP, acting on behalf of and, as necessary, in consultation with Federal Home Loan Mortgage Corporation (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44 14 162.2, Bank Of America, N.A., as successor by merger to BAC Home Loans Servicing, LP may be contacted at: Bank Of America, N.A., as successor by merger to BAC Home Loans Servicing, LP, 7105 Corporate Drive, Plano, TX 75024, 800 669 6650. Please note that, pursuant to O.C.G.A. 44 14 162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as Route 5 Box 935 Dry Valley, Road, Summerville, Georgia 30747 is/are: Courtney Stewart or tenant/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; and (2) 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.
Bank Of America, N.A.
as Attorney in Fact for Courtney Stewart
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
00000004575445
Barrett, Daffin, Frappier, Levine & Block, LLP
4004 Belt Line Road, Suite 100
Addison, Texas 75001
Telephone: (972) 341-5398
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