The Elberton Star & Examiner
Elbert County

NOTICE OF SALE UNDER POWER ELBERT COUNTY
Dec 06, 2012 | 157 views | email to a friend | print

NOTICE OF SALE UNDER POWER

ELBERT COUNTY

Pursuant to the Power of Sale contained in a Security Deed given by Joseph P. Colombrito and Sandra K. Colombrito to Mortgage Electronic Registration Systems, Inc., as nominee for BSM Financial, LP. dba BrokerSource dated Nov. 29, 2005 and recorded in Deed Book 407 Page 524, Elbert 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 $139,806.00, 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 Elbert County, Georgia, within the legal hours of sale on January 2, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:

That tract or parcel of land, with all improvements thereto, lying and being in the 315th GMD of Elbert County, Georgia, containing 11.00 acres, more or less, as shown on a plat of survey for Norman Eavenson dated January 12, 1989 and recorded in Plat Book 15, Page 605, Elbert County records; said plat being incorporated herein by reference for a more complete description of the property.

This being the same property conveyed by Warranty Deed from Alfred L. Key and Betty M. Key dated December 13, 2001, recorded in Deed Book 304, Page 606, Elbert County records.

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). Wells Fargo Bank, NA is the current owner of the loan.

Said property is commonly known as 2614 Hartwell Highway, Elberton, Georgia 30635 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): Joseph P. Colombrito and Sandra K. Colombrito 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, 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 Joseph P. Colombrito and Sandra K. Colombrito

ALDRIDGE CONNORS, LLP

3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305

404-994-7400.

1000-667492214A

This law firm may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.