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Foreclosures
STATE OF GEORGIA COUNTY of NEWTON NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from KENNETH W. GARRICK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PHH MORTGAGE CORP (FKA CENDANT MORTGAGE CORP) D/B/A PHH MORTGAGE SERVICES dated April 4, 2005, filed for record May 10, 2005, and recorded in Deed Book 1906, Page 539, NEWTON County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 2996, Page 355, NEWTON County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 3309, Page 285, NEWTON County, Georgia Records, as last transferred to PNC BANK, N.A. by assignment recorded in Deed Book 3271, Page 570, NEWTON County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated April 4, 2005 in the original principal sum of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($118,750.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at NEWTON County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in February, 2017, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 136 OF THE 10TH DISTRICT OF NEWTON COUNTY, GEORGIA BEING LOT 125 OF PEBBLE BROOKE SUBDIVISION, PHASE ONE, AS PER PLAT RECORDED IN PLAT BOOK 33, PAGES 69-72, NEWTON COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE THERETO FOR A MORE ACCURATE AND COMPLETE DESCRIPTION. To the best of the knowledge and belief of the undersigned, the party in possession of the property is KENNETH W. GARRICK or a tenant or tenants. Said property may more commonly be known as: 105 PEBBLE BROOK PASS, COVINGTON, GA 30016. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees (notice of intent to collect attorney's fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is PHH MORTGAGE CORPORATION, 1 MORTGAGE WAY, MT LAUREL, NJ 08054; (800) 750-2518. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now 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 property, 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 (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to 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. PNC BANK, NATIONAL ASSOCIATION As Attorney-in-Fact for KENNETH W. GARRICK Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 31179 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. Public Notice #110351 1/15,22,29,2/5
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