Notice Content
STATE OF GEORGIA COUNTY of GLYNN NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from BRIAN L. JOHNS and MARION E. JOHNS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. dated January 13, 2005, filed for record January 14, 2005, and recorded in Deed Book 1587, Page 364, GLYNN County, Georgia Records, as last transferred to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE (CWALT 2005-03CB) by assignment recorded in Deed Book 3435, Page 34, GLYNN County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated January 13, 2005 in the original principal sum of ONE HUNDRED THIRTY EIGHT THOUSAND THREE HUNDRED TWENTY AND 0/100 DOLLARS ($138,320.00), 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 GLYNN 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 Tuesday in July, 2015, the following described property: ALL OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN GLYNN COUNTY, GEORGIA, AND IN THAT SUBDIVISION KNOWN AS MARSHES OF MACKAY SUBDIVISION, PHASE II, AS DESCRIBED ACCORDING TO THAT CERTAIN PLAT OF SAID SUBDIVISION PREPARED BY JOE B. BILETZSKOV, GEORGIA REGISTERED LAND SURVEYOR NO. 1572, AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT IN PLAT DRAWER 15, PLATS 589 & 590, AS ALL OF LOT NUMBERED SIX (6), BLOCK 'A', MARSHES OF MACKAY SUBDIVISION, PHASE II. REFERENCE IS HEREBY MADE TO THE AFORESAID PLAT AND TO THE RECORD THEREOF FOR THE PURPOSE OF MORE PARTICULARLY DESCRIBING AND IDENTIFYING THE LOCATION, METES AND BOUNDS OF THE SUBJECT PROPERTY AND FOR ALL OTHER PURPOSES ALLOWED BY LAW. PARCEL I.D. 03-00061 To the best of the knowledge and belief of the undersigned, the party in possession of the property is BRIAN L. JOHNS and MARION E. JOHNS or a tenant or tenants. Said property may more commonly be known as: 158 MACKAY DRIVE, BRUNSWICK, GA 31525-4503. 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 attorney's fees (notice of intent to collect attorney's fees having been given). The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is BAYVIEW LOAN SERVICING, LLC, 4425 PONCE DE LEON BLVD, CORAL GABLES, FL 33146; (800) 457-5105. 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. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE (CWALT 2005-03CB) As Attorney-in-Fact for BRIAN L. JOHNS MARION E. JOHNS Phelan Hallinan Diamond & Jones, PLLC 11675 Great Oaks Way, Suite 375 Alpharetta, GA 30022 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 23523 This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
Back