Notice Content
STATE OF GEORGIA
COUNTY OF GWINNETT
NOTICE OF SALE
UNDER POWER
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated October 29, 1998, executed by Patrick J. Rubero and Jose Rubero to Equiprime, Inc., recorded in Deed Book 17200, Page 236, Gwinnett County, Georgia Deed Records, and securing a Note in the original principal amount of $64,400.00, said Security Deed last having been assigned to WELLS FARGO BANK, N.A., AS TRUSTEE FOR LAKE COUNTRY MORTGAGE LOAN TRUST 2006-HE1, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in December, 2016 to-wit: December 6, 2016, during the legal hours of sale, before the Gwinnett County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 176 OF THE 6TH DISTRICT OF GWINNETT COUNTY GEORGIA. BEING LOT 61, BLOCK B, BUCKLEY SQUARE SUBDIVISION, PHASE FOUR. ACCORDING TO PLAT OF SUBJECT PROPERTY RECORDED AT PLAT BOOK 45, PAGE 188 GWINNETT COUNTY, GEORGIA REAL ESTATE RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION.
The aforedescribed real property is also known as 1170 Independence Way, Norcross, GA 30092, according to the present system of numbering houses in Gwinnett County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Ditech Financial LLC F/K/A Green Tree Servicing LLC Attn: Loss Mitigation, 2100 East Elliott Rd., Bldg. 94, Mailstop T120, Tempe, AZ 85284. The telephone number is (877) 337-4141. The fax number is (877) 265-9717. Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the extent that said real property is comprised of more than one parcel, said real property will be sold in one or more parcels and in such order as the holder of the Security Deed may determine.
Upon information and belief, said real property is presently in the possession or control of PATRICK J. RUBERO AND/OR ESTATE OF JOSE RUBERO AND/OR THE HEIRS, EXECUTORS OR ADMINISTRATORS OF THE ESTATE OF ESTATE OF JOSE RUBERO AND/OR THE PERSON OR PERSONS CLAIMING INTEREST OR TITLE TO SAID REAL PROPERTY UNDER, BY OR THROUGH THEM, AND/OR BENJAMIN GUTIERREZ and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorneys fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
WELLS FARGO BANK, N.A., AS TRUSTEE FOR LAKE COUNTRY MORTGAGE LOAN TRUST 2006-HE1
as Attorney-in-Fact for
PATRICK J. RUBERO AND JOSE RUBERO
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, 10th Floor
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
950-453764, 11/10,17,24,12/1
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