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:
201704060119322316813
3220054170

Notice URL:

Notice Publish Date:
Thursday, April 06, 2017

Notice Content

NOTICE OF SALE UNDERPOWER 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 Miguel Gomez to Mortgage Electronic Registration Systems, Inc., as nominee for Pine State Mortgage Corporation, its successors and assigns, dated February 25, 2005, recorded in Deed Book 41871, Page 0036, Gwinnett County, Georgia Records, as last transferred to The Bank of New York Mellon, f/k/a The Bank of New York, as successor in interest to JPMorgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust 2005-5, Mortgage Pass-Through Certificates, Series 2005-5 by assignment recorded in Deed Book 49770, Page 722, Gwinnett County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY-SIX THOUSAND FOUR HUNDRED AND 0/100 DOLLARS ($176,400.00), 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. The Bank of New York Mellon, f/k/a The Bank of New York, successor in interest to JPMorgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2005-5 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: Specialized Loan Servicing, 8742 Lucent Blvd STE 300, Highlands Ranch, CO 80129 800-306-6059. To the best knowledge and belief of the undersigned, the party in possession of the property is Miguel Gomez and Veronica Gomez or a tenant or tenants and said property is more commonly known as 1863 Executive Drive, Duluth, Georgia 30096. 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. The Bank of New York Mellon, f/k/a The Bank of New York, successor in interest to JPMorgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2005-5 as Attorney in Fact for Miguel Gomez 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 206 OF THE 6TH LAND DISTRICT OF GWINNETT COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED AS LOT 47, BLOCK A OF BRECKINRIDGE STATION AS SHOWN ON THAT CERTAIN FINAL PLAT OF BRECKINRIDGE STATION, DATED DECEMBER 10, 2003, PREPARED BY PRECISION PLANNING, INC., SAID PLAT OF SURVEY FILED FOR RECORD ON MARCH 5, 2004 AND RECORDED AT PLAT BOOK 102, PAGES 81-82 AND REVISED AT PLAT BOOK 105, PAGES 90-91 RECORDED ON AUGUST 26, 2004, GWINNETT COUNTY, GEORGIA RECORDS, REFERENCE TO SAID PLAT OF SURVEY AND THE RECORD THEREOF BEING HEREBY MADE FOR A MORE COMPLETE LEGAL DESCRIPTION. MR/th4 5/2/17 Our file no. 5101217FT1 950-478275, 4/5,12,19,26