Gwinnett Daily Post 

Publication Name:
Gwinnett Daily Post

Publication URL:

Publication City and State:
Lawrenceville, GA

Publication County:
Gwinnett

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201704060119003439432
3220054170

Notice URL:

Notice Publish Date:
Thursday, April 06, 2017

Notice Content

NOTICE OF SALE UNDER POWER GEORGIA, GWINNETT 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 Joseph C. Smith and Eleanor England-Smith to Washington Mutual Bank F/K/A Washington Mutual Bank, FA, dated July 24, 2003, recorded in Deed Book 34599, Page 103, Gwinnett County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 47377, Page 120, Gwinnett County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY-TWO THOUSAND THIRTY-NINE AND 0/100 DOLLARS ($162,039.00), 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 Gwinnett 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 May, 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 attorneys fees (notice of intent to collect attorneys 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. Wells Fargo Bank, NA is the holder of the Security Deed to the property in accordance with OCGA 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage a div. of Wells Fargo Bank, N.A., PO Box 10335, Des Moines, IA 50306 1-800-416-1472. To the best knowledge and belief of the undersigned, the party in possession of the property is Joseph C. Smith and Eleanor England-Smith or a tenant or tenants and said property is more commonly known as 1781 Water Lily Way, Lawrenceville, Georgia 30045. 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. Wells Fargo Bank, NA as Attorney in Fact for Joseph C. Smith and Eleanor England-Smith McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net *Auction services provided by Auction.com (www.auction.com) EXHIBIT A All that tract or parcel of land lying and being in Land Lot 216, 5th District, Gwinnett County, Georgia, being Lot 149, Block B, Ivey Pointe, Unit Two, as per plat recorded in Plat Book 93, Page 101, Gwinnett County Records, which plat is hereby referred to and made a part of this description. MR/anj1 5/2/17 Our file no. 53530309FT5 950-478542, 4/5,12,19,26