Notice Content
Notice of Sale
Under Power
Georgia,
Gwinnett County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Wade T. Richardson and Crystal L. Richardson to NetFirst Mortgage.Net, Inc., dated February 12, 2001, and recorded in Deed Book 22325, Page 93, Gwinnett County, Georgia records, as last transferred to The Bank of New York Mellon, fka The Bank of New York, as Trustee for the holders of the EQCC Asset Backed Certificates, Series 2001-1F by Assignment recorded in Deed Book 54497, Page 67, Gwinnett County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $131,520.00, 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, within the legal hours of sale on the first Tuesday in December, 2016, to wit: December 6, 2016, the following described property:
All that tract or parcel of land lying and being in Land Lot 2 of the 5th District of Gwinnett County, Georgia, being Lot 14, Block B, Sweetbriar Crossing Subdivision, Unit One, as per plat recorded in Plat Book 72, Page 114, Gwinnett County Records, which said plat is incorporated herein by this reference and made a part of this description, being improved property.
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. 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 Deed to Secure Debt and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property is commonly known as 3032 Sweetbriar Walk, Snellville, GA 30039, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Crystal L. Richardson or tenant or 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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 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.
Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is:
Select Portfolio Servicing, Inc.
Attention: Loss Mitigation Department
3217 S. Decker Lake Drive
Salt Lake City, Utah 84119
1-888-818-6032
The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being
The Bank of New York Mellon, fka The Bank of New York, as Trustee for the holders of the EQCC Asset Backed Certificates, Series 2001-1F
as attorney in fact for
Wade T. Richardson and Crystal L. Richardson
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC16-186
950-453815, 11/10,17,24,12/1
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