Notice Content
gpn14
HS Foreclosures
STATE OF GEORGIA LONG COUNTY NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from SECURITY DEED DATED April 24, 2007, FROM MICHAEL J. HARVEY TO GMAC MORTGAGE, LLC D/B/A DITECH.COM, IN THE PRINCIPAL AMOUNT OF $20,100.00, AS RECORDED MAY 25, 2007, AT DEED BOOK 285, PAGE 28, LONG COUNTY, GEORGIA RECORDS AS LAST TRANSFERRED TO 20 CAP FUND 1, LLC BY ASSIGNMENT TO BE RECORDED IN LONG COUNTY, GEORGIA RECORDS. , said Deed to Secure Debt having been given to secure a Note dated APRIL 24, 2007 in the original principal sum of Twenty Thousand One Hundred and 00/100 Dollars (U.S. $20,100.00),, 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 LONG County, Georgia, within the legal hours of sale on the first Tuesday in APRIL, 2017. (April 4, 2017) the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 1756TH G.M.D. DISTRICT, OF LONG COUNTY, GEORGIA, BEING LOT NO. 77, SMILEY WOODS SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 11, PAGE 267, LONG COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY ADOPTED AND MADE A PART HEREOF BY REFERENCE THERETO FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY. SAID PROPERTY BEING IMPROVED PROPERTY NOW OR FORMERLY KNOWN AS 110 WEST KENNY DRIVE, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING IN LONG COUNTY, GEORGIA. SAID LOT OF LAND BEING BOUNDED NOW OR FORMERLY AS FOLLOWS: NORTHERLY BY THE RIGHT-OF-WAY OF WEST KENNY DRIVE; EASTERLY BY LOT NO. 78, SAID SUBDIVISION AND PLAT; SOUTHERLY BY LANDS NOW OR FORMERLY OF LOUISE GOODSON; AND WESTERLY BY LOT NO. 76, SAID SUBDIVISION AND PLAT. BEING THE SAME PROPERTY AS THAT CONVEYED BY WARRANTY DEED DATED September 24, 2004, FROM MICHELLE J. JOHNSON TO MICHAEL J. HARVEY, AS RECORDED September 29, 2004, AT DEED BOOK 235, PAGE 520, LONG COUNTY, GEORGIA RECORDS. THIS IS BEING SOLD SUBJECT TO SECURITY DEED DATED September 24, 2004, FROM MICHAEL J. HARVEY TO NATIONAL CITY MORTGAGE CO. D/B/A COMMONWEALTH UNITED MORTGAGE COMPANY, IN THE PRINCIPAL AMOUNT OF $79,716.00, AS RECORDED September 29, 2004, AT DEED BOOK 235, PAGE 523, LONG COUNTY, GEORGIA RECORDS. 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, as provided in the Note and Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). is the current owner of the loan. Said property is commonly known as 110 W KENNEY DRIVE, HINESVILLE, GA 31313 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): MICHAEL J. HARVEY or tenant or tenants. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: JH MORTGAGE RESOLUTIONS, LLC 18008 SKY PARK CIRCLE IRVINE, CA 92614 (888-522-6214). Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. 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) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. 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. 20 CAP FUND I, LLC., Attorney-in-Fact for MICHAEL J. HARVEY Cruikshank Ersin, LLC Attorneys at Law 6065 Roswell Road, Ste 680 Atlanta, GA 30328 770-884-8184 Fax 770-884-8114 42255 3/8,15,22,29
Back