Notice Content
NOTICE OF SALE UNDER POWER, GILMER COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Caridad
Nieto to Mortgage Electronic Registration Systems, Inc. as nominee
for Flagstar Bank, FSB dated 4/27/2007 and recorded in Deed Book
1380 Page 261 and modified at Deed Book 1472 Page 63 Gilmer
County, Georgia records; as last transferred to or acquired by
Bayview Loan Servicing, LLC, a Delaware Limited Liability Company,
conveying the after-described property to secure a Note in the
original principal amount of $ 193,410.00, 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 in the 11th District, 2nd Section
of Gilmer County, Georgia and a part of Land Lots 175, 176, 185, and
186 and designated as Lot 576 of Beaver Forest, Unit XV, as shown on
survey of Burns L. Jeffries, GRLS #2036, dated October 21, 1982 and
recorded in Plat Book 10, Page 192, Gilmer County, Georgia Records
to which reference is hereby made for a more complete legal
description.
Map/Parcel: 3053O-033
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
attorney's fees (notice of intent to collect attorneys fees having
been given).
Said property is commonly known as 221 Acacia Court, , 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): Caridad Nieto or tenant
or tenants.
Bayview Loan Servicing, LLC is the entity or individual designated who shall
have full authority to negotiate, amend and modify all terms of the
mortgage.
Bayview Loan Servicing, LLC
Bayview Loan Counselor
4425 Ponce De Leon Blvd
5th Floor
Coral Gables, FL 33146
1.800.771.0299
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.
Bayview Loan Servicing, LLC, a Delaware Limited Liability Company as agent
and Attorney in Fact for Caridad Nieto
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.
1098-193A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
1098-193A
Nov. 9-30. 294612
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