Gwinnett Daily Post 

Publication Name:
Gwinnett Daily Post

Publication URL:

Publication City and State:
Lawrenceville, GA

Publication County:
Gwinnett

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201607070114022469639
3220054170

Notice URL:

Notice Publish Date:
Thursday, July 07, 2016

Notice Content

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GWINNETT Under and by virtue of the power of sale contained with that certain Security Deed dated October 15, 2004, from Mihaela Tonea and Mircea Florin Tonea to Mortgage Electronic Registration Systems, Inc., as nominee for Home Funds Direct , recorded on November 1, 2004 in Deed Book 40422 at Page 0201, Gwinnett County, Georgia Records, having been last sold, assigned, transferred and conveyed to THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK as Trustee for Asset Backed Funding Corporation Asset-Backed Certificates, Series 2005-HE1 by Assignment and said Security Deed having been given to secure a note dated October 15, 2004, in the amount of $189,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Gwinnett County, Georgia, on August 2, 2016, the following described real property (hereinafter referred to as the Property): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN DUNCAN GMD 1749, GWINNETT COUNTY, GEORGIA, BEING LOT 7, BLOCK A, OAK WIND SUBDIVSION, AS PER PLAT RECORDED IN PLAT BOOK 61, PAGE 263, GWINNETT COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY INCORPORATED HEREIN BY THIS REFERENCE. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys fees. Notice of intention to collect attorneys fees has been given as provided by law. To the best of the undersigneds knowledge, the person(s) in possession of the property is/are Mihaela Tonea and Mircea Florin Tonea. The property, being commonly known as 1845 Oak Wind Lane, Buford, GA, 30519 in Gwinnett County, will be sold as the property of Mihaela Tonea and Mircea Florin Tonea, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Nationstar Mortgage LLC, 8950 Cypress Waters Blvd., Coppell, TX 75019, 888-850-9398. The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK as Trustee for Asset Backed Funding Corporation Asset-Backed Certificates, Series 2005-HE1 as Attorney in Fact for Mihaela Tonea and Mircea Florin Tonea 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (770) 373-4242 By: Jim Albertelli, Esq. For the Firm THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.16-012974 A-4580880 07/07/2016, 07/14/2016, 07/21/2016, 07/28/2016 950-427505, 7/7,14,21,28