The Clayton Tribune 

Publication Name:
The Clayton Tribune

Publication URL:

Publication City and State:
Clayton, GA

Publication County:
Rabun

Notice Popular Keyword Category:

Notice Keywords:
sale under power

Notice Authentication Number:
201507230218163550902
3220054120

Notice URL:

Notice Publish Date:
Thursday, July 23, 2015

Notice Content

NOTICE OF SALE UNDER POWER STATE OF GEORGIA
COUNTY OF RABUN
Under and by virtue of the power of sale contained with that certain Security Deed dated July 14, 2009, from Betty G. Hoofnagle and Thomas L. Hoofnagle to MetLife Home Loans, A Division Of MetLife Bank, N.A., recorded on July 20, 2009 in Deed Book G35 at Page 50, Rabun County, Georgia Records, having been last sold, assigned, transferred and conveyed to Nationstar Mortgage LLC d/b/a Champion Mortgage Company by Assignment and said Security Deed having been given to secure a note dated July 14, 2009, in the amount of $201,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Rabun County, Georgia, on August 4, 2015, the following described real property (hereinafter referred to as the "Property"):
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN A PART OF LAND LOT 169 OF THE SECOND LAND DISTRICT OF RABUN COUNTY, GEORGIA, MORE FULLY DESCRIBED AS FOLLOWS: BEING THE SUBDIVISION LOT DESIGNATED AS UNIT ONE, OF GROUP FIVE (5) OF SKI AREA APARTMENTS SUBDIVISION, SOUTH MEADOWS AREA, PART ONE (1), AS SHOWN AND DELINEATED ON A PLAT OF SURVEY DRAWN BY JAMES A. LONG, GEORGIA REGISTERED SURVEYOR #1579, DATED APRIL 17, 1973, AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF RABUN COUNTY, GEORGIA IN PLAT BOOK 11, PAGE 72. SAID LOT IS DESCRIBED BY METES AND BOUNDS AS FOLLOWS: THE BEGINNING POINT BEING CONCRETE MONUMENT #8, SHOWN ON SAID PLAT, THENCE RUN NORTH 45 DEGREES 03 MINUTES EAST 86.3 FEET TO AN IRON PIN; THENCE RUN SOUTH 89 DEGREES 31 MINUTES EAST 47.3 FEET; THENCE SOUTH 48 DEGREES 16 MINUTES EAST 55.0 FEET; THENCE SOUTH 67 DEGREES 15 MINUTES WEST 111.4 FEET; THENCE SOUTH 78 DEGREES 30 MINUTES WEST 25.7 FEET; THENCE NORTH 41 DEGREES 38 MINUTES 32.4 FEET TO THE SAID CONCRETE MONUMENT #8 BEGINNING POINT. REFERENCE IS HERE HAD AND MADE TO SAID PLAT AND THE RECORD OF SAME FOR A FULL AND COMPLETE DESCRIPTION OF SAID LOT KNOWN AND DESIGNATED AS UNIT ONE OF SAID SUBDIVISION AND SAID LOT IS CONVEYED SUBJECT TO THE RESTRICTIONS, CHARGES, EASEMENTS, CONDITIONS, AFFIRMATIVE OBLIGATIONS AND RESERVATIONS AS SET FORTH IN THOSE CERTAIN DECLARATIONS OF RESTRICTIONS WHICH ARE RECORDED IN THE OFFICE OF THE CLERK OF RABUN SUPERIOR COURT IN DEED BOOK J-6, PAGES 260-266.
The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law.
To the best of the undersigned's knowledge, the person(s) in possession of the property is/are Betty G. Hoofnagle and Thomas L. Hoofnagle. The property, being commonly known as 21 Berkshire Lane #203, Dillard, GA 30537 in Rabun County, will be sold as the property of Betty G. Hoofnagle and Thomas L. Hoofnagle, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Champion Mortgage, LLC, P.O. Box 91322, Seattle, WA 98111, 855-683-3095. The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for Nationstar Mortgage LLC d/b/a Champion Mortgage Company as Attorney in Fact for Betty G. Hoofnagle and Thomas L. Hoofnagle 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (866) 690-0418
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