Notice Content
NOTICE OF SALE
UNDER POWER
GEORGIA,
GWINNETT COUNTY
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Clotovis A Barker to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR SOUTHSTAR FUNDING, LLC, dated 07/21/2004, recorded in Deed Book 39209, Page 0252, Gwinnett County, Georgia records, as last transferred to THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS SUCCESSOR IN INTEREST TO ALL PERMITTED SUCCESSORS AND ASSIGNS OF JPMORGAN CHASE BANK, AS TRUSTEE FOR MASTR ADJUSTABLE RATE MORTGAGES TRUST 2004-9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-9 by assignment recorded or to be recorded in the Gwinnett County, Georgia records conveying the after-described property to secure a Note in the original principal amount of One Hundred Three Thousand Two Hundred and 00/100 DOLLARS ($103,200.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Gwinnett County, Georgia, within the legal hours of sale on the first Tuesday in September 2016, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 129 OF THE 5TH DISTRICT, OF GWINNETT COUNTY, GEORGIA, BEING LOT 71, BLOCK A, UNIT FOUR, FOX CHASE SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 54, PAGE 169, GWINNETT COUNTY, GEORGIA RECORDS, WHICH PLAT IS BY REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF.
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 Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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 entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing, LLC, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 561-682-8000. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the parties in possession of the property are Clotovis A Barker and Clotovis Baker-Williams and Southern Cresent Properties LLC or a tenant or tenants.
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.
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS SUCCESSOR IN INTEREST TO ALL PERMITTED SUCCESSORS AND ASSIGNS OF JPMORGAN CHASE BANK, AS TRUSTEE FOR MASTR ADJUSTABLE RATE MORTGAGES TRUST 2004-9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-9
As Attorney in Fact for Clotovis A Barker
Weissman, Nowack, Curry, & Wilco P.C.
Attn: Lender Services
One Alliance Center, 4th Floor
3500 Lenox Road
Atlanta, GA 30326
Our File# 017237-006987
950-435769, 8/11,18,25,9/1
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