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:
201608110227033559617
3220054796

Notice URL:

Notice Publish Date:
Thursday, August 11, 2016

Notice Content

NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GWINNETT Under and by virtue of the power of sale contained with that certain Security Deed dated November 30, 2001, from Kenneth Caldwell to First Realty Mortgage Corporation, recorded on January 22, 2002 in Deed Book 26056 at Page 0082, as last modified by Loan Modification Agreement recorded in Deed Book 52246, at Page 448, Gwinnett County, Georgia Records, having been last sold, assigned, transferred and conveyed to U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR NRZ PASS-THROUGH TRUST V by Assignment and said Security Deed having been given to secure a note dated November 30, 2001, in the amount of $296,000.00, having a modified loan amount of $335,004.64, said note and modification thereof being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Gwinnett County, Georgia, on September 6, 2016, the following described real property (hereinafter referred to as the Property): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 27 OF THE 6TH DISTRICT, GWINNETT COUNTY, GEORGIA, BEING LOT 16, BLOCK B OF THE MOORINGS, UNIT ONE, PER PLAT RECORDED IN PLAT BOOK 23, PAGE 117, GWINNETT COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys fees. Notice of intention to collect attorneys fees has been given as provided by law. To the best of the undersigneds knowledge, the person(s) in possession of the property is/are Kenneth Caldwell. The property, being commonly known as 4546 Ashington Drive, Snellville, GA, 30039 in Gwinnett County, will be sold as the property of Kenneth Caldwell, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Nationstar Mortgage LLC, 8950 Cypress Waters Blvd., Coppell, TX 75019, 888-850-9398. The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR NRZ PASS-THROUGH TRUST V as Attorney in Fact for Kenneth Caldwell 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (770) 373-4242 By: Jim Albertelli, Esq. For the Firm THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.16-015054 A-4584156 08/11/2016, 08/18/2016, 08/25/2016, 09/01/2016 950-432888, 8/11,18,25,9/1