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:
201707050141192746297
3220054796

Notice URL:

Notice Publish Date:
Wednesday, July 05, 2017

Notice Content

Notice of Sale Under Power. State of Georgia, County of GWINNETT. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CYNTHIA I WILLIS AND NANCY P GAITAN BONILLA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), AS NOMINEE FOR HOME AMERICA MORTGAGE, INC. , dated 10/23/2008, and Recorded on 11/20/2008 as Book No. 49173 and Page No. 254, GWINNETT County, Georgia records, as last assigned to WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST III (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $132,254.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the GWINNETT County Courthouse within the legal hours of sale on the first Tuesday in August, 2017, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 158 OF THE 6TH DISTRICT, GWINNETT COUNTY, GEORGIA, BEING LOT 8 AND PART OF LOT 7, BLOCK B, SINGLETON ESTATES SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 139, PAGE 202, GWINNETT COUNTY RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE. BEING THE SAME PROPERTY DESCRIBED IN SPECIAL WARRANTY DEED FROM FEDERAL HOME LOAN MORTGAGE CORPORATION TO CYNTHIA I. WILLIS AND NANCY P. GAITAN BONILLA, DATED OCTOBER 23, 2008, AND RECORDED ON NOVEMBER 20, 2008, IN DEED BOOK 49173, PAGE 252, GWINNETT COUNTY, GEORGIA RECORDS. ALSO BEING THE SAME PROPERTY DESCRIBED IN THE SECURITY DEED RECORDED ON NOVEMBER 20, 2008 IN DEED BOOK 49173, PAGE 254. THIS PROPERTY IS KNOWN AS 842 RABUN DRIVE, NW, LILBURN, GEORGIA 30047. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST III holds the duly endorsed Note and is the current assignee of the Security Deed to the property. FCI LENDER SERVICES, INC., acting on behalf of and, as necessary, in consultation with WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST III (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44 14 162.2, FCI LENDER SERVICES, INC. may be contacted at: FCI LENDER SERVICES, INC., 8180 EAST KAISER BLVD, ANAHEIM HILLS, CA 92808, 714 282 2424. Please note that, pursuant to O.C.G.A. 44 14 162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 842 RABUN DRIVE NW, LILBURN, GEORGIA 30047 is/are: CYNTHIA I WILLIS AND NANCY P GAITAN BONILLA or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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. WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST III as Attorney in Fact for CYNTHIA I WILLIS AND NANCY P GAITAN BONILLA. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20130031400282 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398. 950-495679, 7/5,12,19,26