Notice Content
Notice of Sale Under Power. State of Georgia, County of FANNIN. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JAMES E. HERNANDEZ, SR to SUN AMERICA MORTGAGE CORPORATION, dated 04/06/1999, and Recorded on 04/08/1999 as Book No. 320 and Page No. 60411, AS AFFECTED BY BOOK 1068, PAGE 94; BOOK 1175, PAGE 434; AND CIVIL ACTION 2013V7, FANNIN County, Georgia records, as last assigned to BANK OF AMERICA, NATIONAL ASSOCIATION (the Secured Creditor), by assignment, conveying the afterdescribed property to secure a Note of even date in the original principal amount of $117,750.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the FANNIN County Courthouse within the legal hours of sale on the first Tuesday in December, 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 73 OF THE 8TH DISTRICT, 1ST SECTION AND LAND LOT 90 OF THE 8TH DISTRICT, 2ND SECTION, OF FANNIN COUNTY, GEORGIA, BEING A 6.37 ACRE TRACT AS SHOWN ON THAT PLAT OF SURVEY FROM LANE S. BISHOP AND ASSOCIATES FOR JAMES E. HERNANDEZ, AND RECORDED AT PLAT HANGER E494, PAGE 4, FANNIN COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN FOR REFERENCE AND MADE A PART HEREOF. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). BANK OF AMERICA, NATIONAL ASSOCIATION holds the duly endorsed Note and is the current assignee of the Security Deed to the property. WELLS FARGO BANK, N.A., acting on behalf of and, as necessary, in consultation with BANK OF AMERICA, NATIONAL ASSOCIATION (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 4414162.2, WELLS FARGO BANK, N.A. may be contacted at: WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD., MAC# X7801014, FT. MILL, SC 29715, 8002883212. Please note that, pursuant to O.C.G.A. 4414162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 196 STRAWBERRY LANE, MINERAL BLUFF, GEORGIA 30559 is/are: JAMES E. HERNANDEZ, SR or tenant/tenants. 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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. 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 913172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial 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 in the preceding paragraph. BANK OF AMERICA, NATIONAL ASSOCIATION as Attorney in Fact for JAMES E. HERNANDEZ, SR. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20110041700576 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 3415398. Nov. 9-30 #296568
Back