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Foreclosures
NOTICE OF SALE UNDER POWER GEORGIA, NEWTON COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Floyd Gibbs, Shamiya Gibbs and Ricky Gibbs, Jr. to Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender its successors and assigns, dated October 17, 2003, recorded in Deed Book 1558, Page 479, Newton County, Georgia Records, as last transferred to Ditech Financial LLC by assignment recorded in Deed Book 3435, Page 286, Newton County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Newton County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in April, 2017, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed 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 Security Deed. 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 Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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. Ditech Financial LLC is the holder of the Security Deed to the property in accordance with OCGA SS 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ditech Financial LLC, 7360 S. Kyrene Rd., Tempe, AZ 85284 800-692-8469. To the best knowledge and belief of the undersigned, the party in possession of the property is Floyd Gibbs, Shamiya Gibbs and Ricky Gibbs, Jr. or a tenant or tenants and said property is more commonly known as 9109 Settlers Grove RD. NE, Covington, Georgia 30209. 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. Ditech Financial LLC as Attorney in Fact for Floyd Gibbs, Shamiya Gibbs and Ricky Gibbs, Jr. McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net EXHIBIT "A" All that tract or parcel of land lying and being in Land Lot 263 of the 9th Land District, Newton County, Georgia, and being Lot 9, Block D, Settlers Grove Subdivision, as shown on that survey for Floyd Gibbs and Mattie Eve Gibbs by Richard E. Nutt, Georgia RLS #1797, dated March 31, 1988 and recorded in Plat Book 22, Page 132, Clerk's Office, Newton Superior Court, which plat is incorporated herein by reference thereto for a more complete description and being more particularly described as follows: To arrive at the true point of beginning, begin at the intersection of the southerly right-of-way of Settlers Grove Road where the same intersects the westerly right-of-way of State Route #142 (formerly State Route #81 Loop); thence from said intersection running in a westerly direction along the southerly right-of-way of Settlers Grove Road a distance of 668.60 feet to an iron pin, which iron pin is the true point of beginning; thence from said true point of beginning running south 4 degrees 53 minutes east 133.5 feet to an iron pin; thence south 85 degrees 07 minutes west 75.0 feet to an iron pin; thence north 4 degrees 53 minutes west 131.5 feet to an iron pin on the southerly right-of-way of Settlers Grove Road; thence north 85 degrees 07 minutes east along said right-of-way 75.0 feet to an iron pin; which iron pin is the true point of beginning. Said tract is designated as 9109 Settlers Grove Road, according to the present system of numbering houses in Covington, Newton County, Georgia. MR/hq1 4/4/17 Our file no. 52562610 - FT2 Public Notice #110703 3/5,12,19,26,4/2
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