Notice Content
STATE OF GEORGIA
COUNTY OF RABUN
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 5, 2006, executed by Kenneth L. Owens and Jane K. Owens to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Irwin Mortgage Corporation, recorded in Deed Book U30, Page 584, Rabun County, Georgia Deed Records, and securing a Note in the original principal amount of $124,053.00, said Security Deed last having been assigned to DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC, 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 April, 2017 to-wit: April 4, 2017, during the legal hours of sale, before the Rabun County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
That tract or parcel of land lying and being in Land Lot 32 of the 3rd Land District, Rabun County, Georgia, being designated as Tract 3B containing 3.00 acres, more or less, as shown on a plat of survey prepared by William F. Rolader, Georgia Registered Land Surveyor No. 2042, dated May 2, 2005, revised May 8, 2006 and recorded in Plat Book 57, Page 40, Rabun County records; said plat being incorporated herein by reference for a more complete description of the property.
This being the same property conveyed by Warranty Deed from Alice G. Dolan dated September 23, 2005, recorded in Deed Book Z-28, Page 87; and being a portion of the property conveyed by Warranty Deed from Gerald A. Goldklang to Alice G. Dolan dated May 12, 2005, recorded in Deed Book C-28, Page 665, Rabun County records.
Together with the right of the United States of America, its successors and assigns, and others to use the gravel road which crosses the property on the above-referenced plat, and as set out in several easements as recorded in the Rabun County Deed Records.
Also together with a certain non-exclusive perpetual ten foot easement over and across Tract 2 and Tract 3A for the purpose of ingress, egress and the installation, use, maintenance and repair of utility lines to and from Warwoman Road from and to Tract 3B. Subject to a non-exclusive easement for ingress and egress from that ten foot gravel road running along the eastern boundary of Tract 3B to Tract 3C and Tract 1. Said easement is not shown on the above-referenced plat, but shall burden Tract 3B and be for the benefit of Tract 3C and Tract 1.
Together with an improvement and immovable fixture permanently attached thereto, a 2006 Horton Boss manufactured home, Serial Number H215534GL&R.
The aforedescribed real property is also known as 9870 Warwoman Road, Clayton, GA 30525, according to the present system of numbering houses in Rabun 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 KENNETH L. OWENS AND JANE K. OWENS AND/OR DENNIS C. SPEED and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC as Attorney-in-Fact for KENNETH L. OWENS AND JANE K. OWENS
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.
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