NOTICE OF SALE UNDER POWER
Georgia, Irwin County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Jermaine White and Latasha B. White to Mortgage Electronic Registration Systems, Inc. as nominee for New Century Mortgage Corporation, dated February 28, 2007, and recorded in Deed Book 201, Page 215, Irwin County, Georgia records, as last transferred to Deutsche Bank National Trust Company, as trustee for the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE7 Mortgage Pass-Through Certificates, Series 2007-HE7 by assignment recorded in Irwin County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $105,300.00, 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 Irwin 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 Lot Number 5 in the Fifth Land District in the City of Ocilla, Irwin County, Georgia, and being designated as Lot No. 20, containing 0.23 acre, located in Pecan Heights Subdivision as shown by plat of survey prepared by M. Rhett Royal, Registered Surveyor No. 2154, and recorded in Plat Book 10, Page 76 in the office of the Clerk of Superior Court of Irwin County Georgia. said plat being made reference to and incorporated herein for a specific description of the above described property.
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 fees (notice of intent to collect attorney fees having been given).
Said property is commonly known as 114 Pecan Drive, Ocilla, GA 31774, 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): Jermaine White and Latasha B. 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
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
Deutsche Bank National Trust Company, as trustee for the
registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE7 Mortgage Pass-Through Certificates, Series 2007-HE7 as Attorney in Fact for
Jermaine White and Latasha B. White
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.