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Bartow County

NOTICE OF SALE UNDER POWER BARTOW COUNTY
Jan 09, 2013 | 49 views | email to a friend | print

NOTICE OF SALE UNDER POWER



BARTOW COUNTY



Pursuant to the Power of Sale contained in a Security Deed given by Marjorie Lynette Sutton to American Equity Mortgage, Inc., dated 12/27/2000 and recorded in Deed Book 1351 Page 435, Bartow County, Georgia records; as last transferred to HSBC Bank USA, National Association as Trustee in trust for Citigroup Mortgage Loan Trust Inc., Asset Backed Pass Through Certificates Series 2003-HE4, conveying the after-described property to secure a Note in the original principal amount of $ 45,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Bartow 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 1236 in the 21st District and 2nd Section of Bartow County, Georgia, and being more particularly described as follows:



BEGINNING at a stake on the east side of Old Dixie Highway at the northwest corner of the property known or formerly known as that of Roy Corbin and running thence northerly along the east of said Old Dixie Highway a distance of 127 feet to a stake at the corner of the property formerly known as that of E. O. Collum; thence easterly along the property formerly known as that of E. O. Collum a distance of 152 feet to a stake; thence southerly 50 feet to the property known as that of Hazel Miller and Virginia Miller; thence southwesterly along the westerly line of the property conveyed by W. R. Tackett to Hazel Miller and Virginia Miller a distance of 45 feet to the north line of the property owned by Hazel Miller and Virginia Miller and thence continuing in the same direction a distance of 28 feet to an iron stake; thence westerly a total distance of 133 feet to the east side of said Old Dixie Highway; and being originally three separate tracts of land and being the same land conveyed by George L. Carnes to W. R. (Roland) Tackett by deed recorded in Deed Book 79, Page 294 and by P. C. Curtis and Effie Curtis to W.R. Tackett recorded in Deed Book 113, Page 183 and by Hazel Miller and Virginia Miller to Roland Tackett by deed recorded in Deed Book 138, Page 317, and by Deed from W. R. (Roland) Tackett to Loy I. Bentley recorded in Deed Book 138 at page 326, all deeds being recorded in the Office of the Clerk of Superior Court of Bartow County, Georgia; said property being known as the home place of W. R. (Roland) Tackett.



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). HSBC Bank USA, National Association as Trustee in trust for Citigroup Mortgage Loan Trust Inc., Asset Backed Pass Through Certificates Series 2003-HE4 is the current owner of the loan.



Said property is commonly known as 5114 Groovers Landing Road, Acworth, GA 30101 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): Terri Leigh Rayburn and Michelle Duke 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.



HSBC Bank USA, National Association

as Trustee in trust for Citigroup Mortgage

Loan Trust Inc.,

Asset Backed Pass Through Certificates

Series 2003-HE4

as agent and Attorney in Fact for

Marjorie Lynette Sutton



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.



1000-667491859



1/10,17,24,31/13

#8680"