The Elberton Star & Examiner
Elbert County

NOTICE OF SALE UNDER POWER ELBERT COUNTY
Dec 06, 2012 | 186 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 Carey M. Rucker and Peggy A. Rucker to Taylor, Bean & Whitaker Mortgage Corp. dated Oct. 1, 1997 and recorded in Deed Book 236 Page 96, Elbert County, Georgia records; as last transferred to GMAC Mortgage, LLC, conveying the after-described property to secure a Note in the original principal amount of $ 87,500.00, 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:

All that tract or parcel of land, with improvements thereon, situate, lying and being in the 202 G.M. District, Elbert County, Georgia, containing 2.15 acres, more or less; said property being bounded now or formerly as follows: North by County Road 84, known as Sweet City Road; Southeast by lands of Beckham; and West by lands of N & P Properties, Inc.; said property being described more particularly in plat of survey by C. Stevens, Surveyor, dated March 2, 1946, recorded in Deed Book 39, page 24, Elbert County, Georgia, records, which plat is by reference made a part of this description.

This being the same property conveyed by Joe Vaughn Carrouth to Carey M. Rucker, by deed, dated July 19, 1993, recorded in Deed Book 199, pages 725-726, Elbert County, Georgia, records, which deed is by reference made a part of this description.

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). Federal National Mortgage Association is the current owner of the loan.

Said property is commonly known as 1751 Sweet City Road, 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): Carey M. Rucker and Peggy A. Rucker or tenant or tenants.

GMAC Mortgage, LLC 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. GMAC Mortgage, LLC, Loss Mitigation, 3451 Hammond Avenue, Waterloo, IA 50702; 800-850-4622. 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.

GMAC Mortgage, LLC as agent and Attorney in Fact for Carey M. Rucker and Peggy A. Rucker

ALDRIDGE CONNORS, LLP

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

404-994-7400.

1165-4638

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