Notice Content
CLASS:007
NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF Coweta Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated March 26, 2004, executed by Noland B. Ballard and Allison Ballard to Mortgage Electronic Registration Systems, Inc. as nominee for Full Spectrum Lending, Inc, recorded in Deed Book 2460, Page 27, Coweta County, Georgia Deed Records, and securing a Note in the original principal amount of $224,900.00, said Security Deed last having been assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES SERIES 2004-5, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in September, 2015 to-wit: September 1, 2015, during the legal hours of sale, before the Coweta County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 25, OF THE 6TH DISTRICT, COWETA COUNTY GEORGIA, BEING LOT A-35 OF MOSBY WOODS SUBDIVISION, PHASE A, AS PER PLAT RECORDED AT PLAT BOOK 58, PAGES 69 THROUGH 71, COWETA COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE. The aforedescribed real property is also known as 25 Alexandria Circle, Newnan, GA 30265, according to the present system of numbering houses in Coweta County, Georgia. This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale. The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Green Tree Servicing LLC, Attn: Loss Mitigation, 7360 S. Kyrene Road, Mail Stop P-214, Tempe, AZ 85283. The telephone number is (877) 337-4141. The fax number is (877) 265-9717. Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the extent that said real property is comprised of more than one parcel, said real property will be sold in one or more parcels and in such order as the holder of the Security Deed may determine. Upon information and belief, said real property is presently in the possession or control of Noland B. Ballard and Allison Ballard and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES SERIES 2004-5 as Attorney-in-Fact for NOLAND B. BALLARD and ALLISON BALLARD Ellis, Painter, Ratterree & Adams LLP 2 East Bryan Street, 10th Floor Savannah, Georgia 31401 (912) 233-9700 THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1483927.1 1483927.1 No.62647-8-6-13-20-27
Back