Cherokee Tribune
Cherokee County

Dec 07, 2012 | 67 views | email to a friend | print

F-1709 WHITE, ELVERNON AND WHITE, DARRIA Notice of Sale Under Power Georgia, Cherokee County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ELVERNON WHITE AND DARRIA WHITE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PEOPLE'S CHOICE HOME LOAN, INC., dated JANUARY 19, 2005, and recorded in Deed Book 7673, Page 240, Cherokee County, Georgia records, HAVING BEEN MODIFIED AT DEED BOOK 11609, PAGE 180, AFORESAID RECORDS AND AS LAST TRANSFERRED TO HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR PEOPLE'S CHOICE HOME LOAN SECURITIES TRUST SERIES 2005-2 BY ASSIGNMENT RECORDED IN CHEROKEE COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $123,300.00, 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 Cherokee County, Georgia, within the legal hours of sale on the first Wednesday in January, 2013, to wit: January 02, 2013, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 830 AND 899 OF THE 21ST DISTRICT, 2ND SECTION, CHEROKEE COUNTY, GEORGIA, BEING LOT 33, SOUTHFORK SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 22, PAGE 72, CHEROKEE COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY REFERRED TO AND MADE A PART OF THIS DESCRIPTION. 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. 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 Deed to Secure Debt and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property is commonly known as 306 SOUTHFORK COURT, WOODSTOCK, GA 30189, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): ELVERNON WHITE AND DARRIA WHITE or tenant or 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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. Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing, LLC Attention: Home Retention Department 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Facsimile: 1-407-737-5693 The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR PEOPLE'S CHOICE HOME LOAN SECURITIES TRUST SERIES 2005-2 as attorney in fact for ELVERNON WHITE AND DARRIA WHITE Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12:7,14,21,28