Marietta Daily Journal
Cobb County

F-6977 TACY, SHERIL R. AND FOLEY, DENIS J. STATE OF GEORGIA COUNTY
Dec 07, 2012 | 63 views | email to a friend | print

F-6977 TACY, SHERIL R. AND FOLEY, DENIS J. STATE OF GEORGIA COUNTY of COBB NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from SHERIL R. TACY and DENIS J. FOLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated May 12, 2008, filed for record May 23, 2008, and recorded in Deed Book 14611, Page 473, COBB County, Georgia Records, as last transferred to BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP by assignment recorded in Deed Book 14954, Page 41, COBB County, Georgia Records, said Deed to Secure Debt having been given to secure a Note dated May 12, 2008 in the original principal sum of ONE HUNDRED FORTY TWO THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($142,100.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at COBB County, Georgia, within the legal hours of sale on the first Wednesday in January, the property described on Exhibit "A" attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP holds the duly indorsed Note and is the assignee of the Security Deed to your property. BANK OF AMERICA, N.A. services your loan on behalf of BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, the current beneficial owner of your loan. The servicer of this loan is BANK OF AMERICA, N.A.. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100;. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold subject to 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, any matters which might be disclosed by an accurate survey and inspection of the property, 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 (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. Said property will be sold as the property of SHERIL R. TACY and DENIS J. FOLEY. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP As Attorney-in-Fact for SHERIL R. TACY DENIS J. FOLEY Phelan Hallinan PLC 303 Perimeter Center North, Suite 800 Atlanta, GA 30346 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 11208 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. EXHIBIT A ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 155 OF THE 16TH DISTRICT, 2ND SECTION OF COBB COUNTY, GEORGIA, BEING LOT 11, BLOCK C, DOVER DOWNS COMPOSITE, AS PER PLAT RECORDED IN PLAT BOOK 67, PAGE 163, COBB COUNTY; GEORGIA RECORDS, WHICH SAID PLAT IS HEREBY INCORPORATED HEREIN AND MADE A PART OF THIS DESCRIPTION; BEING IMPROVED PROPERTY.BEING THE SAME PREMISES CONVEYED TO CANTON PARK, LLC BY DEED FROM THOMAS W. SCHAFER AND SHIRLEY ANN SCHAFER, DATED 03/20/2003 AND RECORDED 03/27/2003 IN DEED BOOK 13711 PAGE 4418 IN THE COBB COUNTY LANDS RECORDS. 12:7,14,21,28