Notice Content
Notice of Sale Under Power
Georgia, Gilmer County
Under and by virtue of the Power of Sale contained in a Deed to Secure
Debt given by Rocky Stovall and Stephanie Stovall to Mortgage
Electronic Registration Systems, Inc. (MERS) as nominee for Taylor,
Bean and Whitaker Mortgage Corp., dated May 8, 2009, and recorded in
Deed Book 1549, Page 249, Gilmer County, Georgia records, as last
transferred to Carrington Mortgage Services, LLC by Assignment
recorded in Deed Book 1890, Page 503, Gilmer County, Georgia
records, conveying the after-described property to secure a Note of
even date in the original principal amount of $137,365.00, 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 Gilmer County, Georgia, within the legal
hours of sale on the first Tuesday in September, 2016, to wit:
September 6, 2016, the following described property:
All that tract or parcel of land lying and being in Land Lot 1, 12th
District, 2nd Section of Gilmer County, Georgia and being a part of
Land Lot 36 and being designated as Tract 11 of White Oak Hills
Subdivision as shown on a plat of survey prepared by N.B. Deloach,
GRLS #1347. Said plat is recorded in Plat Book 16, Page 188, Gilmer
County, Georgia Records, to which reference is made for a more
complete and accurate legal description herein.
Together with all improvements now or hereafter erected on the property
including, but without limitation, that certain Manufactured Home
located on the property: 2009 Mobile Home, Doublewide Model, with
VIN #GM8581AB, with current title number 777839082968103, which
borrower intends and deems to be realty and all easements,
appurtenances and fixtures now or hereafter a part of the property.
This Deed is given subject to all easements and restrictions of record,
if any.
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 attorneys fees (notice of intent to
collect attorneys fees having been given).
Said property is commonly known as 4043 Roundtop Road, Ellijay, GA
30540, 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): Rocky Lee Stovall and Stephanie
Stovall 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,
specifically being Carrington Mortgage Services, LLC
as attorney in fact for
Rocky Stovall and Stephanie Stovall
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.
MBFC16-225
July 27-Aug. 31. 268067
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