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Habersham County

MAXWELL NOTICE OF SALE UNDER POWER, HABERSHAM COUNTY
Nov 14, 2012 | 166 views | email to a friend | print

MAXWELL

NOTICE OF SALE UNDER POWER, HABERSHAM COUNTY

Pursuant to the Power of Sale contained in a Security Deed given by Karle F Maxwell to Mortgage Electronic Registration Systems, Inc as nominee for Taylor, Bean & Whitaker Mortgage Corp. dated 5/22/2009 and recorded in Deed Book 889 Page 649, HABERSHAM 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, conveying the after-described property to secure a Note in the original principal amount of $ 131,353.00, 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 04, 2012), the following described property:

All that tract or parcel of land lying and being in the City of Mt. Airy in Land Lots 176 and 177 of the 10th Land District of the 10th Land District of Habersham County, Georgia, and being designated as Lot 1 of Wood Springs Subdivision, according to that Plat of Survey prepared for ood Springs Subdivision by Lovell, Duvall, Miller & Associates, Inc., certified by Samuel L. Duvall, GA RLS #2295, dated July 28, 2006 and recorded in Plat Book 59, Page 12, Habersham County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein.

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).

Said property is commonly known as 106 Wood Springs Lane, Mount Airy, GA 30563 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): Karle F Maxwell or tenant or tenants.

Bank of America 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.

Bank of America

Home Loan Assistance Dept.7105 Corporate DrivePlano, TX 75024(800) 846-2222

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) 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.

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP as agent and Attorney in Fact for Karle F Maxwell

Aldridge Connors, LLP,

15 Piedmont Center,

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. 1016-653950

4C-11-28-2012