Notice Content
NOTICE OF SALE
UNDER POWER,
GWINNETT COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Homer Ashley Herrington to Mortgage Electronic Registration Systems, Inc. as nominee for Homecomings Financial Network, Inc. dated 2/23/2006 and recorded in Deed Book 46445 Page 821, Gwinnett County, Georgia records; as last transferred to or acquired by Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2006-QA3, conveying the after-described property to secure a Note in the original principal amount of $ 86,300.00, 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 Gwinnett County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on September 6, 2016 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:
ALL THAT PARCEL OF LAND IN COUNTY OF GWINNETT, STATE OF GEORGIA AS MORE FULLY DESCRIBED IN BOOK 35967 PAGE 182 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 202 OF THE 6TH DISTRICT OF GWINNETT COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED AS UNIT 4248, BUILDING NUMBER 14, OF STILLWATER PLANTATION CONDOMINIUMS, TOGETHER WITH ALL RIGHT, TITLE AND INTEREST OF GRANTOR IN SAID UNIT UNDER THE DECLARATION OF CONDOMINIUM FOR STILLWATER PLANTATION CONDOMINIUMS, RECORDED IN DEED BOOK 3797, PAGES 63-102, GWINNETT COUNTY RECORDS. SAID DECLARATION, AS THE SAME MAY
FROM TIME TO TIME BE AMENDED, IS BY REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF. THE INTEREST HEREIN CONVEYED INCLUDES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE APPURTENANT UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF STILLWATER PLANTATION CONDOMINIUMS, AS IN THE COMMON ELEMENTS OF STILLWATER PLANTATION CONDOMINIUMS, AS SAME IS DEFINED IN SAID DECLARATION WITH THE AMENDMENTS THERETO. THE CONDOMINIUM PLAT IS RECORDED IN CONDOMINIUM PLAT BOOK 1, PAGE 230, GWINNETT COUNTY RECORDS WITH THE CONDOMINIUM PLANS BEING RECORDED IN CONDOMINIUM CABINET NUMBER 1, AFORESAID RECORDS. SAID PLAT AND PLANS ARE INCORPORATED HEREIN BY REFERENCE FOR ALL PURPOSES.
Pursuant to Amended Default Judgment and Final Order in Civil Action File No. 14-A-09818-7 filed in the Superior Court of Gwinnett County, Georgia, recorded in Deed Book 54410, Page 715, Security Deed recorded in Deed Book 46445, Page 821 is declared a valid, enforceable, first priority lien position on the entire Property; it is further ordered that the Georgia real estate records are reformed to reflect that the interests of William Garnett, Sarah Prejeant and All Unknown Heirs of Caroline Herrington in the Property are subject to, encumbered by, and inferior to the Security Deed at Deed Book 46445, Page 821, Gwinnett County, Georgia records.
The debt secured by said Security Deed 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 Security Deed. 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 Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property is commonly known as 4248 Stillwater Drive, Duluth, GA 30096 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): All unknown heirs of the Estate of Caroline Collins Herrington, Ashley T. Herrington aka Ashley Rajabnik, individually and as administrator of the estate of Homer Ashley Herrington aka Pat Herrington, Sarah Elizabeth Prejeant and William Garnett or tenant or tenants.
Ocwen Loan Servicing, LLC is the entity or individual designated, who shall have full authority to negotiate, amend and modify all terms of the mortgage.
Ocwen Loan Servicing, LLC
Foreclosure Loss Mitigation
1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
1-877-596-8580
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 non-judicial 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 immediately above.
Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2006-QA3 as agent and Attorney in Fact for Homer Ashley Herrington
Aldridge Pite, LLP (formerly known as Aldridge Connors, LLP), 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400. 1017-656784A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1017-656784A
950-435920, 8/11,18,25,9/1
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