Notice Content
NOTICE OF SALE
UNDER POWER,
GWINNETT COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Luis Garcia to Mortgage Electronic Registration Systems, Inc. as nominee for NetBank dated 7/1/2005 and recorded in Deed Book 43937 Page 200 Gwinnett County, Georgia records; as last transferred to or acquired by Ditech Financial LLC F/K/A Green Tree Servicing LLC, conveying the after-described property to secure a Note in the original principal amount of $ 157,900.00, 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 Gwinnett 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 40 of the 7th District, Gwinnett County, Georgia, being Lot 8, Block D, Sweetwater Oaks Subdivision, Unit One, as per plat thereof recorded in Plat Book 39, Page 81, Gwinnett County records, said plat being incorporated herein by reference thereto.
This sale will be made subject to any right of the United States of America to redeem the hereinabove described property within 120 days from the sale date aforesaid, in order to satisfy certain outstanding federal tax liens.
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 2820 Treehouse Lane, Lawrenceville, GA 30044 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): Luis Garcia 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 F/K/A Green Tree Servicing LLC as agent and Attorney in Fact for Luis Garcia
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.
1317-2754A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1317-2754A
950-453397, 11/10,17,24,12/1
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