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 Veronica Berry to Mortgage Electronic Registration Systems, Inc. (MERS) as nominee for Encore Credit Corp., dated September 26, 2006, and recorded in Deed Book 47110, Page 275, Gwinnett County, Georgia records, as last transferred to U.S. Bank National Association, as Trustee, successor in interest to Bank of America, NA, as Trustee, sbm LaSalle Bank NA, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2006-HE10 by Assignment recorded in Deed Book 51946, Page 775, Gwinnett County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $530,100.00, 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 54 of the 5th District, Gwinnett County, Georgia, being Lot 7, Block G, Havenstone Subdivision, Phase 4, as per plat recorded in Plat Book 111, Page 209, and revised plat recorded in Plat Book 115, Page 239, Gwinnett County, Georgia records, which recorded plat is incorporated herein by reference and made a part of this description. Said property being known as 960 Cranbrook Glen Lane according to the present system of numbering houses in Gwinnett County, Georgia.
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 960 Cranbrook Glen Lane, Snellville, GA 30078, 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): Veronica Berry 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
U.S. Bank National Association, as Trustee, successor in interest to Bank of America, NA, as Trustee, sbm LaSalle Bank NA, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2006-HE10
as attorney in fact for
Veronica Berry
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.
FC15-023
950-453811, 11/10,17,24,12/1
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