Notice Content
STATE OF GEORGIA
COUNTY of GWINNETT
NOTICE OF SALE
UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from DARIN JOHNSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PINE STATE MORTGAGE CORPORATION dated February 16, 2004, filed for record March 10, 2004, and recorded in Deed Book 37353, Page 83, GWINNETT County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 48517, Page 867, GWINNETT County, Georgia Records, as last transferred to CITIMORTGAGE, INC. by assignment recorded in Deed Book 51359, Page 248, GWINNETT County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated February 16, 2004 in the original principal sum of ONE HUNDRED SEVENTY ONE THOUSAND TWO HUNDRED EIGHTY ONE AND 0/100 DOLLARS ($171,281.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at GWINNETT County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in August, 2016, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 1 OF THE 5TH DISTRICT, GWINNETT COUNTY, GEORGIA RECORDS, BEING LOT 49, BLOCK A, LAKE PORT SUBDIVISION, UNIT IV, AS PER PLAT RECORDED IN PLAT BOOK 100, PAGES 87-88, GWINNETT COUNTY, GEORGIA RECORDS, SAID PLAT BEING INCORPORATED HEREIN AND MADE REFERENCE HERETO.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is DARIN JOHNSON or a tenant or tenants. Said property may more commonly be known as: 3072 AVIATOR CIRCLE, SNELLVILLE, GA 30039.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys fees (notice of intent to collect attorneys fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is CITIMORTGAGE, INC., 1000 TECHNOLOGY DRIVE, OFALLON, MO 63368-2239; (866) 272-4749.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now 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 property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The 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 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. *Auction services to be provided by Auction.com (www.auction.com)*
CITIMORTGAGE, INC.
As Attorney-in-Fact for
DARIN JOHNSON
Phelan Hallinan Diamond & Jones, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 29002
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
950-427316, 7/7,14,21,28
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