Notice Content
Notice of SALE UNDER POWER
Georgia, Ben Hill County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Paul J. Roser III and Linda Roser to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Taylor, Bean & Whitaker Mortgage Corp., dated April 21, 2009, and recorded in Deed Book 726, Page 61, Ben Hill County, Georgia records, as last transferred to J.P. Morgan
Mortgage Acquisition Corp. by Assignment recorded in Ben Hill County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $59,734.00, 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 Ben
Hill County, Georgia, within the legal hours of sale on the first Tuesday in July, 2016, to wit: July 5, 2016, the following described property:
All of Lot Number 3 and the East one-half of Lot Number 2 in that certain subdivision known as Lobingier Heights in the City of Fitzgerald, Ben Hill County, Georgia; said lots being particularly shown on plat of B.L. Coburn,
dated April 3, 1948, and recorded in the office of the Clerk of the Superior Court of Ben Hill County, Georgia on June 2, 1948, in Plat Book 2, page 13 (now Plat Slide 413), to which reference is hereby made for a more complete description of the above described property. Said Lobingier Heights is a subdivision of Five Acre Tracts Numbers 917 and 918 of the Colony Domain of the American Tribune Soldiers Colony Company, a plat of which is on file in the office of the Clerk of the Superior Court of
Irwin County, Georgia.
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 103 W. Sultana Dr., Fitzgerald, GA 31750, 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): Paul J. Roser III and the Heirs at Law of the Estate of Linda Roser 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:
Carrington Mortgage Services, LLC, Attention: Loss Mitigation Department, 1600 South Douglass Road, Suite 200-A, Anaheim, CA 92806, 1-888-788-7306
The foregoing notwithstanding, nothing in O.C.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, spe-
cifically being J.P. Morgan Mortgage Acquisition Corp. as attorney in fact for Paul J. Roser III and Linda Roser 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. MBFC16-159 (6/8,15,22,29)
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