Notice Content
NOTICE OF FORECLOSURE SALE UNDER POWER
GILMER COUNTY, GEORGIA
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 William B. Bigger, III to SunTrust Mortgage, Inc., dated
September 7, 2007, and recorded in Deed Book 1417, Page 491, Gilmer
County, Georgia Records, subsequently modified by a Loan
Modification Agreement recorded July 18, 2013 in Book 1816, Page 440
in the amount of Sixty-Two Thousand Three Hundred Ninety-Nine and
70/100 ($62,399.70) Gilmer County, Georgia Records, as last
transferred to SunTrust Bank by assignment recorded on September 14,
2016 in Book 1995 Page 336 in the Office of the Clerk of Superior
Court of Gilmer County, Georgia Records, conveying the
after-described property to secure a Note in the original principal
amount of Sixty-Two Thousand Four Hundred and 0/100 dollars
($62,400.00), 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 Gilmer County, Georgia, within the legal hours of
sale on November 1, 2016, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 171 and
190, 11th District, 2nd Section, Gilmer County, Georgia, being
designated as Lot 2 of Highlands Mountain Subdivision, as shown on
Plat of Survey of Highlands Mountain at The Highlands at East
Ellijay for Cartecay Properties, LLC. Said plat, dated December 22,
2006, prepared by David W. Shirley, Georgia Registered Land Surveyor
No. 2670, is recorded in Plat Book 48, Page 199-202, Gilmer County,
Georgia Records, with reference made thereto for the purpose of
incorporating the same.
Conveyance of the above described property is subject to the Declaration of
Covenants, Conditions and Restrictions for the Highlands of East
Ellijay, dated August 1, 2006, recorded in Deed Book 1313, Page
237-254, Gilmer County, Georgia Records and as amended in Deed Book
1366, Page 38, Gilmer County, Georgia Records.
The above described property is a portion of the same which was conveyed
by the following:
1. Corrective Limited Warranty Deed dated November 29, 1999 from Eagle
Ridge Investors, LLC to Cartecay Properties, LLC, recorded in Deed
Book 788, Page 140, Gilmer County, Georgia Records.
2. Quitclaim Deed dated January 2, 2007 from Highlands Sales Center,
LLC to Cartecay Properties, LLC, recorded in Deed Book 1346, Page
402, Gilmer County, Georgia Records.
3. Quitclaim Deed dated January 2, 2007 from Jason Daniel Taylor to
Cartecay Properties, LLC, recorded in Deed Book 1346, Page 403,
Gilmer 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 Security Deed and by law,
including attorneys fees (notice of intent to collect attorney's
fees having been given).
The entity having full authority to negotiate, amend or modify all terms
of the loan (although not required by law to do so) is: SunTrust
Mortgage, Inc. they can be contacted at (800) 443-1032 for Loss
Mitigation Dept, or by writing to PO Box 27767, Richmond, Virginia
23261, to discuss possible alternatives to avoid foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in
possession of the property is The Estate of William B. Bigger, III
or tenant(s); and said property is more commonly known as Lot 2
of Highland Mountain, Ellijay, GA 30540.
The sale will be conducted subject to (1) confirmation that the sale is
not prohibited under the U.S. Bankruptcy Code (2) final confirmation
and audit of the status of the loan with the holder of the security
deed and (3) any right of redemption or other lien not extinguished
by foreclosure.
SunTrust Bank as Attorney in Fact for William B. Bigger, III.
Brock & Scott, PLLC
4360 Chamblee Dunwoody Road
Suite 310
Atlanta, GA 30341
404-789-2661
B&S file no.: 16-15972
Oct. 5-26. 286650
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