Notice Content
CLASS:007
NOTICE OF SALE UNDER POWER Georgia, Coweta County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Timothy W. Lowery and Susanne E. Lowery to HomeBanc Mortgage Corporation, dated November 24, 2004, and recorded in Deed Book 2636, Page 647, Coweta County, Georgia records, as last transferred to U.S. Bank National Association, as Trustee for HomeBanc Mortgage Trust 2005-1 Mortgage Backed Notes, Series 2005-1 by Assignment recorded in Deed Book 3796, Page 102, Coweta County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $136,800.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Coweta County, Georgia, within the legal hours of sale on the first Tuesday in September, 2015, to wit: September 1, 2015, the following described property: All that tract or parcel of land lying and being in Land Lot 259 of the 1st District, Coweta County, Georgia, being Lot 17 of Willow Dell Subdivision, Phase A1, as per plat recorded at Plat Book 62, Page 75 through 77, Coweta County, Georgia Records, which plat is incorporated herein and made a part hereof by reference. 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. The debt remaining 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 attorney's fees (notice of intent to collect attorney's fees having been given). Said property is commonly known as 595 Willow Dell Drive, Senoia, GA 30276, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Timothy W. Lowery or tenant or 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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. Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Select Portfolio Servicing, Inc. Attention: Loss Mitigation Department 3815 South West Temple Salt Lake City, Utah 84115 1-888-818-6032 The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being U.S. Bank National Association, as Trustee for HomeBanc Mortgage Trust 2005-1 Mortgage Backed Notes, Series 2005-1 as attorney in fact for Timothy W. Lowery and Susanne E. Lowery Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FC15-144 No.62649-8-6-13-20-27
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