Douglas County Sentinel
Douglas County

40124221 42957
Jan 27, 2013 | 278 views | email to a friend | print

40124221 42957 Loner Jr 1/10, 17, 24, Cancel NOTICE OF SALE UNDER POWER GEORGIA, DOUGLAS COUNTY By virtue of a Power of Sale contained in that certain Security Deed from GARRY THOMAS LONER, JR. to Mortgage Electronic Registration Systems, Inc as nominee for American Residential Mortgage Corp, dated June 30, 2004, recorded July 2, 2004, in Deed Book 1987, Page 297-315, Douglas County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Seventy-Two Thousand Five Hundred and 00/100 dollars ($172,500.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2004-HYB5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HYB5, secured creditor, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Douglas County, Georgia, within the legal hours of sale on the first Tuesday in February, 2013, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 112 OF THE 3RD DISTRICT AND 5TH SECTION OF DOUGLAS COUNTY, GEORGIA AND BEING LOT 68 OF WINDSOR CREEK SUBDIVISION, UNIT ONE, AS SHOWN PER PLAT OF SURVEY RECORDED IN PLAT BOOK 29, PAGES 125-127, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF DOUGLAS COUNTY, GEORGIA, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION. Said legal description being controlling, however the property is more commonly known as 8170 MOSSYBROOK LANE, DOUGLASVILLE, GA 30135. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named creditor or the undersigned. The sale will also be subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is GARRY THOMAS LONER, JR., GARRY THOMAS LONER, JR., LESLIE BRAY LONER, or tenants(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 entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024, Telephone Number: 800-720-3758 for and on behalf of the secured creditor. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2004-HYB5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HYB5 as Attorney in Fact for GARRY THOMAS LONER, JR. THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 150, Peachtree Corners, GA 30092 Telephone Number: (877) 813-0992 Case No. BAC-11-10303-0006 Ad Run Dates 01/10/2013, 01/17/2013, 01/24/2013, 01/31/2013