Carroll County

Jan 27, 2013 | 287 views | email to a friend | print

12-3142 Ellison 1/ NOTICE OF FORECLOSURE SALE Georgia, Carroll COUNTY: Because of default in the payment of a loan secured by a deed to secure debt executed by Steven L. Ellison to First Georgia Banking Company, recorded 7/19/2006 in Deed Book 3638, Page 147, as modified by Modification Agreement recorded in Deed Book 4330, Page 315, now being assigned to CertusBank, N.A. by Receiver's Assignment of Loan Documents recorded in Deed Book 5208, Page 668, Carroll County Superior Court, the undersigned has declared the full unpaid amount of the indebtedness referred to due and payable, and, acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in February, 2013, during the legal hours of sale at the courthouse in said County, sell at public outcry to the highest bidder for cash, the lands described in said deed, to-wit: All that tract or parcel of land lying and being in Land Lot 69 of the 10th District of Carroll County, Georgia, and being more particularly shown and delineated on a plat entitled Survey for William J. Abell, III and Susan D. Abell , dated March 24, 1987, prepared and certified by William H. Alexander, Jr., Georgia Registered Land Surveyor No. 1643, which survey is recorded in Plat Book 31, Page 208, Public Land records of Carroll County, Georgia. Said plat and the record therein contained are by reference incorporated herein, together with all improvements thereon, and also know as Lot 4, Regal Pines Subdivision, 45 Julia Ann Drive, Carrollton, Georgia 30117, together with all improvements located thereon. The street address of the property is 45 Julia Ann Drive, Carrollton, Georgia 30117. Notice has been given by certified mail to the debtor in compliance with OCGA 44-14-162, et seq. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, boundary line agreements, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Said property also sold subject to the rights of tenant(s) in possession, if any, and all parties claiming by, through or under said tenant(s). It is believed by the undersigned that the person in possession of such property is Steven L. Ellison or other tenant(s). 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. The undersigned will execute a deed to the purchaser as authorized by the aforementioned loan deed. The following information is being provided in accordance with OCGA 44-14-162.2. CertusBank, N.A., as assignee of the Federal Deposit Insurance Corporation, as receiver for First Georgia Banking Company, is the secured creditor under the security deed or deed to secure debt and loan being foreclosed. The following entity shall have full authority to negotiate, amend, and modify all terms of the above-described security deed and associated note(s) on behalf of the secured creditor: CertusBank, N.A., as assignee of the Federal Deposit Insurance Corporation, as receiver for First Georgia Banking Company, P.O. Box 2578, Carrollton, Georgia 30112; (770) 830-1233, Attn: Foreclosures. OCGA 44-14-162.2 states in pertinent part that, "nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument." THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This 14th day of December, 2012. WIGGINS & CAMP, P.C. BY: James T. Camp, Attorney for CertusBank, N.A. Attorney-in-Fact for Steven L. Ellison & Amanda S. Ellison WIGGINS & CAMP, P. C. 128 Newnan Street Carrollton, Georgia 30117 (770) 832-2482