Notice Content
NOTICE OF SALE UNDER POWER, GILMER COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Annette
Pendley to Mortgage Electronic Registration Systems, Inc. as a
nominee for New South Federal Savings Bank dated 9/16/2009 and
recorded in Deed Book 1574 Page 118 Gilmer County, Georgia
records; as last transferred to or acquired by Ditech Financial LLC,
conveying the after-described property to secure a Note in the
original principal amount of $ 56,588.00, with interest at the rate
specified therein, there will be sold by the undersigned at public
outcry to the highest bidder for cash before the Courthouse door of
Gilmer County, Georgia (or such other area as designated by Order of
the Superior Court of said county), within the legal hours of sale
on December 06, 2016 (being the first Tuesday of said month unless
said date falls on a Federal Holiday, in which case being the first
Wednesday of said month), the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 281 OF THE
10TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, BEING KNOWN AS
LOT 8, NEW HOPE VALLEY SUBDIVISION, AS SHOWN ON SURVEY OF MARK E.
CHASTAIN, GRLS #2718, DATED FEBRUARY 16, 2001 AND RECORDED IN PLAT
BOOK 36, PAGE 143, GILMER COUNTY RECORDS, TO WHICH REFERENCE IS
HEREBY MADE FOR A MORE COMPLETE METES AND BOUNDS DESCRIPTION.
TOGETHER WITH ALL IMPROVEMENTS NOW OR HEREAFTER ERECTED ON THE PROPERTY
INCLUDING, BUT WITHOUT LIMITATION, THAT CERTAIN MANUFACTURED
HOME LOCATED ON THE PROPERTY: A 2000 HOMES OF LEGEND MOBILE HOME MODEL
LEGEND, VIN# THL3380AAL, CURRENT TITLE NUMBER 601044051041907, WHICH
BORROWER INTENDS AND DEEMS TO BE REALTY AND ALL EASEMENTS,
APPURTENANCES AND FIXTURES NOW OR HEREAFTER A PART OF THE PROPERTY.
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 the Security Deed and by law, including
attorneys fees (notice of intent to collect attorneys fees having
been given).
Said property is commonly known as 261 Old Woodring Road, , Ellijay,
GA 30540 together with all fixtures and personal property
attached to and constituting a part of said property, if any. To the
best knowledge and belief of the undersigned, the party (or parties)
in possession of the subject property is (are): Annette Pendley or
tenant or tenants.
Ditech Financial LLC is the entity or individual designated who shall have
full authority to negotiate, amend and modify all terms of the
mortgage.
Ditech Financial LLC
Loss Mitigation
7360 S. Kyrene Road
Tempe, AZ 85283
1-800-643-0202
Note, however, that such entity or individual is not required by law to
negotiate, amend or modify the terms of the loan.
Said property will be sold subject to: (a) any outstanding ad valorem
taxes (including taxes which are a lien, but not yet due and
payable), (b) unpaid water or sewage bills that constitute a lien
against the property whether due and payable or not yet due and
payable and which may not be of record, (c) the right of redemption
of any taxing authority, (d) any matters which might be disclosed by
an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is
not prohibited under the U.S. Bankruptcy Code; and (2) 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 non-judicial 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
immediately above.
Ditech Financial LLC as agent and Attorney in Fact for Annette Pendley
Aldridge
Pite, LLP (formerly known as Aldridge Connors, LLP), 15 Piedmont
Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305,
(404) 994-7400.
1317-2712A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
1317-2712A
Nov. 9-30. 294615
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