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 PAUL D. WAITHE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR COUNTRYWIDE BANK, FSB dated August 28, 2008, filed for record September 2, 2008, and recorded in Deed Book 49053, Page 15, GWINNETT County, Georgia Records, as last transferred to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP by assignment recorded in Deed Book 50749, Page 592, GWINNETT County, Georgia Records, corrective assignment recorded in Deed Book 51358, Page 897, GWINNETT County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated August 28, 2008 in the original principal sum of ONE HUNDRED SIXTY THOUSAND NINE HUNDRED TEN AND 0/100 DOLLARS ($160,910.00), 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 Wednesday in July, 2017, the following described property:
FILE NUMBER: SL105-08-0561-R
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 311 OF THE 5TH DISTRICT, GWINNETT COUNTY, GEORGIA, BEING LOT 40, BLOCK A, BROOKTON DOWNS SUBDIVISION, UNIT TWO, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 55, PAGE 270, GWINNETT COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE FOR A MORE DETAILED DESCRIPTION.
BEING KNOWN AS 2885 BROOKTON LANE, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING PROPERTY IN THE CITY OF DACULA, GWINNETT COUNTY, GEORGIA.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is PAUL D. WAITHE and VENEICE BERNARD-WAITHE or a tenant or tenants. Said property may more commonly be known as: 2885 BROOKTON LN, DACULA, GA 30019-1564.
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 BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100; (800) 669-6650.
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)*
BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP
As Attorney-in-Fact for
PAUL D. WAITHE
Phelan Hallinan Diamond & Jones, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 32326
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
950-491401, 6/7,14,21,28
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