Carroll County

Feb 07, 2013 | 84 views | email to a friend | print

2-7322 Deegan 2/ 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 William C. Deegan & Gloria C. Deegan to First National Bank of Georgia, dated 8/6/2007, recorded 8/8/2007 in Deed Book 4071, Page 179 and re-recorded 9/7/2007 in Deed Book 4100, Page 98; now being assigned to Community & Southern Bank by Assignment of Security Instruments and Other Loan Documents recorded in Deed book 4071, Page 190; and, and Assignment of Lessor's Interest in Leases, dated 8/6/2007 and being recorded in Deed book 4071, Page 190, 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 March, 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 118 of the 5th Land District, Carroll County, Georgia, being Lot 107 of Regal Oaks Subdivision, being more particularly described by survey recorded in Plat Book 69, Pages 169 and 170, Carroll County, Georgia records, which recorded plat is incorporated herein by reference. Together with that certain housing unit which was formerly personalty but is now permanently annexed and affixed to the above described land as a permanent improvement and which is subject to Georgia Motor Vehicle Certificate of Title No. 11433144AB, and all rights thereunto appertained. The street address of the property is 179 Holly Creek Drive, Carrollton, Georgia 30116. 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). Protective Covenants and Restrictions running with the land and reservations of easements of Regal Oaks Subdivision dated 11/23/1999 and recorded in Deed Book 1184, Page 47, Carroll County, Georgia, Public Deed Records. Matters shown per Final Plat Regal Oaks dated 9/28/1999 recorded in Plat Book 69, Page 169-17, Carroll County, Georgia, Public Deed Records. It is believed by the undersigned that the person in possession of such property is William C. Deegan & Gloria C. Deegan 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. Community & Southern Bank, as assignee of the Federal Deposit Insurance Corporation, as receiver for First National Bank of Georgia fka West Georgia National Bank, 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 notes on behalf of the secured creditor: Community & Southern Bank, as assignee of the Federal Deposit Insurance Corporation, as receiver for First National Bank of Georgia f/k/a West Georgia National Bank, P.O. Box 280, Carrollton, GA 30112; Telephone No.: (770) 832-3557, 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 30th day of January, 2013. WIGGINS & CAMP, P.C. BY: DANIEL P. CAMP, ATTORNEY FOR COMMUNITY & SOUTHERN BANK, ATTORNEY-IN-FACT FOR WILLIAM C. DEEGAN & GLORIA C. DEEGAN WIGGINS & CAMP, P. C. 128 Newnan Street Carrollton, Georgia 30117 (770) 832-2482