Fulton County Daily Report
Fulton County

BARRETT, DAFFIN & FRAPPIER, L.L.P.
Jan 12, 2011 | 2160 views | email to a friend | print

BARRETT, DAFFIN & FRAPPIER, L.L.P.

Notice of Sale Under Power State of Georgia, County of FULTON.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MARSHALL MOTLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION , dated 11/23/2004, and Recorded on 01/11/2005 as Book No. 39195 and Page No. 391, FULTON County, Georgia records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $99,265.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the FULTON County Courthouse within the legal hours of sale on the first Tuesday in February, 2011, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 191 OF THE 13TH DISTRICT, FULTON COUNTY, GEORGIA, BEING LOT 8, BLOCK E, DEERWOOD PARK SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 105, PAGE 48, FULTON COUNTY RECORDS, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR THE PURPOSE OF INCORPORATING HEREIN. 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. Because the debt remains 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). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 7300 BUCK CREEK DRIVE, FAIRBURN, GEORGIA 30213 is/are: MARSHALL MOTLEY or tenant/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; and (2) 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.
CHASE HOME FINANCE, LLC as Attorney in Fact for MARSHALL MOTLEY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20100187437524 BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
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