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 OCTAVIO RAMIREZ-ITURBE to HOMEOWNERS MORTGAGE OF AMERICA, INC. dated April 30, 2007, filed for record May 7, 2007, and recorded in Deed Book 47856, Page 186, GWINNETT County, Georgia Records, as last transferred to U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CMALT REMIC 2007-A7-REMIC PASS-THROUGH CERTIFICATES SERIES 2007-A7 by assignment recorded in Deed Book 52049, Page 694, GWINNETT County, Georgia Records, corrective assignment recorded in Deed Book 52831, Page 267, GWINNETT County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated April 30, 2007 in the original principal sum of TWO HUNDRED FIFTY ONE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($251,900.00), 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:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 227 OF THE 6TH DISTRICT OF GWINNETT COUNTY, GEORGIA, ACCORDING TO THE SURVEY MADE FOR ANTHONY L. WOOD, PREPARED BY MILTON R. LEMON, R.L.S. #1439, DATED SEPTEMBER 5, 1978, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TO ARRIVE AT THE TRUE POINT OF BEGINNING, BEGIN AT A POINT AT THE COMMON CORNERS OF LAND LOTS 228, 227, 239 AND 240; THENCE SOUTHWESTERLY ALONG THE LAND LOT LINE DIVIDING LAND LOTS 227 AND 240 A DISTANCE OF 1,307.9 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 31 DEGREES 00 MINUTES EAST A DISTANCE OF 131.53 TO A POINT; THENCE SOUTH 23 DEGREES 59 MINUTES WEST A DISTANCE OF 192.60 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF INGRAM ROAD; THENCE NORTH 66 DEGREES 01 MINUTES WEST ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF INGRAM ROAD A DISTANCE OF 40.00 FEET TO A POINT; THENCE NORTH 52 DEGREES 05 MINUTES 50 SECONDS WEST AN ARC DISTANCE OF 160.20 FEET (SAID ARC HAVING A CHORD DISTANCE OF 158.63 FEET AND A RADIUS OF 329.63 FEET) TO A POINT; THENCE NORTH 38 DEGREES 10 MINUTES WEST ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF INGRAM ROAD A DISTANCE OF 61.77 FEET TO A POINT; THENCE NORTH 59 DEGREES 00 MINUTES EAST ALONG SAID LAND LOT LINE DIVIDING LAND LOTS 227 AND 240 A DISTANCE OF 245.80 FEET TO A POINT ON SAID LAND LOT LINE, AND THE TRUE POINT OF BEGINNING; BEING IMPROVED PROPERTY KNOWN AS 2398 INGRAM ROAD, DULUTH, GEORGIA, TAX PARCEL ID NUMBER R6227 002, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING IN GWINNETT COUNTY, GEORGIA.
THIS BEING THE SAME PROPERTY DESCRIBED AND CONVEYED IN THE FOLLOWING DEEDS: WARRANTY DEED DATED OCTOBER 16, 2002, FROM VARSHA S. BALUSHI TO CHRISTINA EICHORST, RECORDED IN DEED BOOK 29669, PAGE 63, IN THE DEED RECORDS OF GWINNETT COUNTY, GEORGIA; DEED UNDER POWER FROM CHRISTINA EICHORST TO COUNTRYWIDE HOME LOANS, INC., DATED NOVEMBER 7, 2006, RECORDED IN DEED BOOK 47278, PAGE 59, AFORESAID RECORDS; AND IN SPECIAL WARRANTY DEED DATED NOVEMBER 7, 2006, TO FEDERAL NATIONAL MORTGAGE ASSOCIATION, RECORDED IN DEED BOOK 47278, PAGE 62, AFORESAID RECORDS.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is DOMINGO RIVERA CANO and SARA RAMIREZ VASQUEZ or a tenant or tenants. Said property may more commonly be known as: 2398 INGRAM RD, DULUTH, GA 30096.
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)*
US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CMALT REMIC SERIES 2007-A7REMIC PASS-THROUGH CERTIFICATES SERIES 2007-A7
As Attorney-in-Fact for
OCTAVIO RAMIREZ-ITURBE A/K/A OCTAVIO RAMIREZ
Phelan Hallinan Diamond & Jones, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 33236
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
950-490805, 6/7,14,21,28
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