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Habersham County

BENFIELD NOTICE OF SALE UNDER POWER, HABERSHAM COUNTY
Nov 14, 2012 | 206 views | email to a friend | print

BENFIELD

NOTICE OF SALE UNDER POWER, HABERSHAM COUNTY

Pursuant to the Power of Sale contained in a Security Deed given by Cynthia J Benfield to Mortgage Electronic Registration Systems, Inc. as nominee for Homestar Financial Corp. dated 3/11/2011 and recorded in Deed Book 949 Page 257, HABERSHAM County, Georgia records; as last transferred to GMAC Mortgage, LLC, conveying the after-described property to secure a Note in the original principal amount of $ 269,978.00, 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 HABERSHAM County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012 (December 4, 2012), the following described property:

All that tract or parcel of land, together with all improvements thereon, lying and being in Land Lot 183 of the 10th Land District of Habersham County Georgia, being known as Lot 1, Block B, of Chenochetah Estates, containing 0.93 acre, more or less, being shown on plat of survey prepared by Ricky C. Busbee, G.R.L.S., dated September 20, 1994, and recorded in Plat Book 36, page 277, of the Habersham County, Georgia Plat Records, said plat is incorporated herein by reference for a more complete description.

Subject to a Right of Way in favor of Habersham County recorded in Deed Book 140, page 161.

Subject to an Easement in favor of Georgia Power recorded in Deed Book 142, page 282.

Subject to an encroachment of a neighboring brick wall as outlined on the above-referenced plat.

Subject to all other easements, restrictions, reservations, set-backs, and rights-of-way of record or those delineated on the above-referenced plat of survey, if any.

This is the same property conveyed to Wayne E. Segraves and Carolyn M. Segraves by virtue of a Warranty Deed from Phillip W. Kokesh and Carol E. Kokesh, dated September 30, 1994, recorded in Deed Book 324, page 640.

The debt secured by said Security Deed 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 Security Deed. 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 Security Deed and by law, including attorney fees (notice of intent to collect attorney fees having been given). GMAC Mortgage, LLC is the current owner of the loan.

Said property is commonly known as 327 Running Deer Road , Cornelia, Georgia 30531 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Cynthia J Benfield or tenant or tenants.

GMAC Mortgage, LLC is the entity or individual designated, who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.

GMAC Mortgage, LLC

Loss Mitigation

3451 Hammond Avenue

Waterloo, IA 50702

(800) 850-4622

Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.

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) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.

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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.

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 non-judicial 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 immediately above.

GMAC Mortgage, LLC as agent and Attorney in Fact for Cynthia J Benfield

Aldridge Connors, LLP, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.

THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1165-4529

4C-11-28-2012



Habersham County

Probate Court