Notice Content
gpn11
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 GERALD J. BERNSKOETTER to BANK OF AMERICA, N.A. dated December 14, 2006, filed for record December 28, 2006, and recorded in Deed Book 2351, Page 532, NEWTON County, Georgia Records, as last transferred to PROF-2013-M4 LEGAL TITLE TRUST, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE by assignment recorded in Deed Book 3511, Page 343, NEWTON County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated December 14, 2006 in the original principal sum of ONE HUNDRED THIRTY SIX THOUSAND AND 0/100 DOLLARS ($136,000.00), 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 April, 2017, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 54 OF THE DISTRICT OF NEWTON COUNTY, GEORGIA, BEING LOT 147, UNIT TWO OF BERKSHIRE, AS SHOWN ON PLAT OF BERKSHIRE, PREPARED BY LOUIE D. PATRICK, REGISTERED LAND SURVEYOR NO. 1757, DATED MAY 18, 2000, RECORDED IN PLAT BOOK 34, PAGE 192, NEWTON COUNTY RECORDS. THE DESCRIPTION OF SAID PROPERTY AS CONTAINED ON SAID PLAT IS HEREBY INCORPORATED HEREIN AND BY REFERENCE MADE A PART HEREOF. To the best of the knowledge and belief of the undersigned, the party in possession of the property is GERALD J. BERNSKOETTER or a tenant or tenants. Said property may more commonly be known as: 220 BERKSHIRE 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 FAY SERVICING, LLC, 939 W NORTH AVE, STE 680, CHICAGO, IL 60642-1231; (800) 495-7166. 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. PROF-2013-M4 LEGAL TITLE TRUST, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE As Attorney-in-Fact for GERALD J. BERNSKOETTER Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 32252 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. Public Notice #110771 3/12,19,26,4/2
Back