NOTICE OF SALE UNDER POWER. STATE OF GEORGIA, COUNTY OF PUTNAM.
NOTICE OF SALE
STATE OF GEORGIA,
COUNTY OF PUTNAM.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ANTHONY J SARDELLA AND ASHLEY E SARDELLA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR SHELTER MORTGAGE COMPANY, LLC DBA FAIRFIELD MTG , dated 01/09/2009, and Recorded on 01/21/2009 as Book No. 658 and Page No. 391, PUTNAM County, Georgia records, as last assigned to JPMORGAN CHASE BANK, N.A. (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $258,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the PUTNAM County Courthouse within the legal hours of sale on the first Tuesday in March, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 459 & 467 OF THE 2ND DISTRICT AND THE 307TH G.M. DISTRICT, PUTNAM COUNTY, GEORGIA AND BEING KNOWN AS LOT 12, OF TIMBER LAKE COVE SUBDIVISION, SECTION ONE, AND BEING FURTHER DESCRIBED ON THAT CERTAIN PLAT OF SURVEY PREPARED BY OGLETREE, SMITH & ASSOCIATES LAND SURVEYORS, CERTIFIED BY JAMES E. SMITH, JR., REGISTERED LAND SURVEYOR, DATED SEPTEMEBER 14, 1984, RECORDED IN PLAT BOOK 12, PAGE 96, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, PUTNAM COUNTY, GEORGIA, WHICH SAID PLAT AND THE RECORD THEREOF ARE HEREBY INCORPORATE HEREIN AND MADE A PART HEREOF OF RECORD.
BEING KNOWN AS 114 WINDY RIVER ROAD EATONTON, GEORGIA 31024 DEED REFERENCE: DEED BOOK 528, PAGE 524
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. Because the debt remains 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).
JPMORGAN CHASE BANK, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, acting on behalf of and, as necessary, in consultation with FEDERAL NATIONAL MORTGAGE ASSOCIATION, A/K/A FANNIE MAE (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan.
Pursuant to O.C.G.A. 44-14-162.2, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION may be contacted at: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 3415 VISION DRIVE, COLUMBUS, OH 43219, 866-550-5705. Please note that, pursuant to O.C.G.A. 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 114 WINDING RIVER ROAD, EATONTON, GEORGIA 31024 is/are: ANTHONY J SARDELLA AND ASHLEY E SARDELLA or tenant/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; 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 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.
JPMORGAN CHASE BANK, N.A.
as Attorney in Fact for
ANTHONY J SARDELLA
AND ASHLEY E SARDELLA.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: (972) 341-5398.