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:
201608110218320093653
3220054796

Notice URL:

Notice Publish Date:
Thursday, August 11, 2016

Notice Content

STATE OF GEORGIA COUNTY OF GWINNETT NOTICE OF SALE UNDER POWER Because of a default under the terms of the Security Deed executed by Gerald McClerklin and Karen McClerklin to Mortgage Electronic Registration Systems, Inc. as nominee for Home Star Mortgage Services, LLC and its successors and assigns dated July 26, 2004, and recorded in Deed Book 39410, Page 72, Gwinnett County Records, said Security Deed having been last sold, assigned, transferred and conveyed to HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR HOMESTAR MORTGAGE ACCEPTANCE CORP., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-5, securing a Note in the original principal amount of $100,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 6, 2016, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of land lying and being in Land Lot 34 of the 6th District, Gwinnett County, Georgia, being Lot 52, Block B of Trotters Pointe Subdivision, Unit One, according to plat of survey recorded in Plat Book 39, Page 161, Gwinnett County, Georgia Records, which plat and the record thereof are incorporated herein by reference thereto. Said property is known as 2985 Trotters Pointe Drive, Snellville, GA 30039, together with all fixtures and personal property attached to and constituting a part of said property, if any. 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 proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law. 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 secured creditor. The property is or may be in the possession of Gerald McClerklin, a/k/a Gerald L. McClerklin a/k/a Gerald Lynn Mcclerklin and Karen McClerklin, a/k/a Karen D. McClerklin, successor in interest or tenant(s). HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR HOMESTAR MORTGAGE ACCEPTANCE CORP., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-5 as Attorney-in-Fact for Gerald McClerklin and Karen McClerklin File no. 16-060177 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 211 Perimeter Center Parkway, Suite 300 Atlanta, GA 30346 770-220-2535/SJ shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08/11, 08/18, 08/25, 09/01, 2016 [FC-NOS] SHAPIRO PENDERGAST & HASTY, LLP ATTORNEYS AND COUNSELORS AT LAW 211 PERIMETER CENTER PARKWAY SUITE 300 ATLANTA, GEORGIA 30346 (770) 220-2535 FAX: 770-220-2665 950-436118, 8/11,18,25,9/1