Notice Content
STATE OF GEORGIA
COUNTY of GWINNETT
NOTICE OF SALE
UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from DARCEY L. MAY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BRAND MORTGAGE GROUP, LLC dated February 2, 2009, filed for record February 13, 2009, and recorded in Deed Book 49289, Page 517, GWINNETT County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 51119, Page 599, GWINNETT County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book 53007, Page 756, GWINNETT County, Georgia Records, as last transferred to CITIMORTGAGE, INC. by assignment recorded in Deed Book 51456, Page 180, GWINNETT County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated February 2, 2009 in the original principal sum of ONE HUNDRED NINETY NINE THOUSAND SIX HUNDRED SIXTY THREE AND 0/100 DOLLARS ($199,663.00), 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 GWINNETT 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 May, 2017, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 27 OF THE 5TH DISTRICT, CITY OF SNELLVILLE, GWINNETT COUNTY, BEING LOT 87, BLOCK A, THE PRESERVE AT BRISCOE SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 122, PAGES 21-25, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is DARCEY L. MAY or a tenant or tenants. Said property may more commonly be known as: 2640 FREEMONT STREET, SNELLVILLE, GA 30078.
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 attorneys fees (notice of intent to collect attorneys fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is CITIMORTGAGE, INC., 1000 TECHNOLOGY DRIVE, OFALLON, MO 63368-2239; (866) 272-4749.
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. *Auction services to be provided by Auction.com (www.auction.com)*
CITIMORTGAGE, INC.
As Attorney-in-Fact for
DARCEY L. MAY
Phelan Hallinan Diamond & Jones, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 32343
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
950-479334, 4/5,12,19,26
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