Notice Content
STATE OF GEORGIA
COUNTY OF RABUN
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated August 27, 2004, executed by Michelle G. Montgomery to Bank of America, N.A., recorded in Deed Book Y26, Page 83, Rabun County, Georgia Deed Records, and securing a Note in the original principal amount of $81,000.00. Bank of America, N.A., current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2016 to-wit: June 7, 2016, during the legal hours of sale, before the Rabun County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in Land Lots 3 and 23 of the Fourth Land District of Rabun County, Georgia and being designated as Lot 38 containing 1.649 acres of Mountain Creek Estate Subdivision, as shown upon that certain plat of survey prepared by Eddie Davidson Georgia Registered Land Surveyor No. 2586 dated October 13, 2003, revised April 15, 2004, which is recorded in the office of the clerk of Rabun Superior Court in Plat Book 51, page 223-227. Reference is had and made to said plat and record of the same for a full and complete description of the property herein described.
This conveyance is made subject to restrictive covenants recorded in the office of the clerk of Rabun Superior Court in Deed Book C-25, page 562 and that amendment in Deed Book Y-25, page 641.
The aforedescribed real property is also known as Lot 38 Heavenly Circle, Clayton, GA 30525, according to the present system of numbering houses in Rabun County, Georgia.
This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Ditech Financial LLC F/K/A Green Tree Servicing LLC, Attn: Loss Mitigation, 7360 S. Kyrene Road, Mail Stop P-214, Tempe, AZ 85283. The telephone number is (877) 337-4141. The fax number is (877) 265-9717.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the extent that said real property is comprised of more than one parcel, said real property will be sold in one or more parcels and in such order as the holder of the Security Deed may determine. Upon information and belief, said real property is presently in the possession or control of MICHELLE G. MONTGOMERY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law. BANK OF AMERICA, N.A.as Attorney-in-Fact for MICHELLE G. MONTGOMERY. Ellis, Painter, Ratterree & Adams LLP, 2 East Bryan Street, 10th Floor, Savannah, Georgia 31401, (912) 233-9700
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
5-12,19,26, 6-2
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