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:
foreclosure foreclosures

Notice Authentication Number:
201608110216049564156
3220054796

Notice URL:

Notice Publish Date:
Thursday, August 11, 2016

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 STEVEN C. KIRSCHNER and BARBARA A. KIRSCHNER to LOAN AMERICA, INC. dated September 25, 2004, filed for record October 6, 2004, and recorded in Deed Book 40102, Page 52, GWINNETT County, Georgia Records, as last transferred to BANK OF AMERICA, N.A. by assignment recorded in Deed Book 54012, Page 90, GWINNETT County, Georgia Records, corrective assignment recorded in Deed Book 54154, Page 322, GWINNETT County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated September 25, 2004 in the original principal sum of THREE HUNDRED TWENTY FOUR THOUSAND AND 0/100 DOLLARS ($324,000.00), 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 September, 2016, the following described property: ATTACHED TO FILE: 96-00633289 ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 298, 6TH DISTRICT, GWINNETT COUNTY, GEORGIA, BEING LOT 3, BLOCK A, BERKELEY LAKE RIDGE SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 24, PAGE 137, GWINNETT COUNTY RECORDS, WHICH PLAT IS HEREBY REFERRED TO AND MADE A PART OF THIS DESCRIPTION. To the best of the knowledge and belief of the undersigned, the party in possession of the property is STEVEN C. KIRSCHNER and BARBARA A. KIRSCHNER or a tenant or tenants. Said property may more commonly be known as: 4026 BERKELEY LAKE ROAD NW, DULUTH, GA 30096. 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 BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100; (800) 669-6650. 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. BANK OF AMERICA, N.A. As Attorney-in-Fact for STEVEN C. KIRSCHNER BARBARA A. KIRSCHNER Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 29631 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. 950-434325, 8/11,18,25,9/1