Gwinnett Daily Post
Gwinnett County

NOTICE OF SALE UNDER POWER, GWINNETT COUNTY
Dec 27, 2012 | 145 views | email to a friend | print

NOTICE OF SALE

UNDER POWER,

GWINNETT COUNTY

Pursuant to the Power of Sale contained in a Security Deed given by Franco A. Gonzalez and Kelly Jamison-Gonzalez to Mortgage Electronic Registration Systems, Inc., as nominee for Market Street Mortgage Corporation dated 12/15/2003 and recorded in Deed Book 36540 Page 0199, Gwinnett County, Georgia records; as last transferred to Wells Fargo Bank, NA, conveying the after-described property to secure a Note in the original principal amount of $179,249.00, 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 Gwinnett County, Georgia, within the legal hours of sale on February 5, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 240 OF THE 6TH DISTRICT, GWINNETT COUNTY, GEORGIA AND BEING LOT 17, BLOCK A, UNIT THREE OF BEECHWOOD HILLS SUBDIVISION, AS SHOWN AND DESIGNATED ON A PLAT THEREOF RECORDED AT PLAT BOOK 29, PAGE 171, IN THE CLERK'S OFFICE FOR THE SUPERIOR COURT OF GWINNETT COUNTY, GEORGIA TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION AS TO THE METES, BOUNDS AND LOCATION OF SAID PROPERTY.

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's fees (notice of intent to collect attorney's fees having been given). Wells Fargo Bank, NA is the current owner of the loan.

Said property is commonly known as 2554 Alpine Way, Duluth, GA 30096 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): Franco A. Gonzalez and Kelly Jamison-Gonzalez or tenant or tenants.

Wells Fargo Bank, NA 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.

Wells Fargo Bank NA

Wells Fargo Bank, NA

Loss Mitigation

3476 Stateview Boulevard

Fort Mill, SC 29715

1-800-662-5014

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.

Wells Fargo Bank, NA as agent and Attorney in Fact for Franco A. Gonzalez and Kelly Jamison-Gonzalez

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. 1000-667492226A

950-101905, 12/27,1/3,10,17,24,31