NOTICE OF SALE UNDER POWER GEORGIA, LANIER COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE OF SALE UNDER POWER
GEORGIA, LANIER COUNTY
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Charles W. Howard and Carolyn G Howard to Fifth Third Mortgage Company, dated January 25, 2008, recorded in Deed Book 189, Page 314, Lanier County, Georgia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 202, Page 397, Lanier County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-SEVEN THOUSAND NINE HUNDRED FIFTY AND 0/100 DOLLARS ($67,950.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lanier County, Georgia within the legal hours of sale on the first Tuesday in December, 2012, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 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 Security Deed and by law, including attorney s fees (notice of intent to collect attorney s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Fifth Third Mortgage Company is the holder of the Note and Security Deed to the property in accordance with OCGA 44-14-162.2.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Fifth Third Bank, 5001 Kingsley Drive, MD 1MOB-BW, Cincinnati, OH 45227, 800-375-1745opt3.
To the best knowledge and belief of the undersigned, the party in possession of the property is Charles W. Howard and Carolyn G Howard or a tenant or tenants and said property is more commonly known as 2077 Highway 129 S, Rt 1 Box 570, Stockton, Georgia 31649.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Fifth Third Mortgage
as Attorney in Fact for
Charles W. Howard
and Carolyn G Howard
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076 www.foreclosurehotline.net MR/nrb1 12/4/12
Our file no. 52413109-FT15
EXHIBIT A All that tract or parcel of land situate, lying and being in Land Lot 497 of the 11th Land District of Lanier County, Georgia, being all of Tract B, containing 0.9932 acre, more of less, as depicted on that certain map or plat of survey for Charles W. Howard and Carolyn G. Howard recorded in Plat Book 5, Page 177, in the Lanier County, Georgia, deed records; said recorded plat is by reference incorporated herein for all purposes in aid of description. Said described property has a residence dwelling located thereon. MR/nrb1 12/4/12 Our file no. 52413109 - FT15