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Wilkes County

NOTICE OF SALE UNDER POWER GEORGIA, WILKES COUNTY THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Jan 09, 2013 | 166 views | email to a friend | print

NOTICE OF SALE UNDER POWER

GEORGIA, WILKES COUNTY

THIS IS AN ATTEMPT 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 Robert L. Davis and Helen E. Davis to THE NATIONAL BANK OF GEORGIA, dated April 9, 2002, recorded in Deed Book 200, Page 44, Wilkes County, Georgia records, as last transferred to OCWEN LOAN SERVICING, LLC by assignment recorded or to be recorded, Wilkes County, Georgia records conveying the after-described property to secure a Note in the original principal amount of SEVENTY EIGHT THOUSAND AND 00/100 DOLLARS ($78,000.00); 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 Wilkes County, Georgia, within the legal hours of sale on the first Tuesday in February, 2013 the following described property:

ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE 165TH GMD, WILKES COUNTY, GEORGIA, BEING KNOWN AND DESIGNATED AS PARCEL ''A'', CONTAINING 1.00 ACRE, AND PARCEL "B", CONTAINING 0.71 OF AN ACRE, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY ENTITLED "PLAT FOR HELEN E. DAVIS" BY MATTISON & ASSOCIATES, INC., JAMES F. MATTISON IV, RLS, DATED JUNE 16, 2001, REVISED SEPTEMBER 14, 2001, RECORDED IN PLAT CABINET 10, SLIDE 154, PAGE 315, WILKES COUNTY RECORDS AND INCORPORATED HEREIN; PARCEL "A"BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN DEED BOOK 189, PAGE 429, SAID RECORDS, AND PARCEL "B" BEING THE SAME PROPERTY CONVEYED BY DEED RECORDED IN DEED BOOK 192, PAGE 266, SAID RECORDS.

ALSO CONVEYED HEREWITH IS A 2002 CAVALIER INDUSTRIES HOMESTEAD 32 X 80 MANUFACTURED HOME, SERIAL NUMBER HM02GA01 16634 A&B, WHICH IS ATTACHED TO AND MADE A PART OF THE REAL PROPERTY.

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.

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, Fax 407-737-5693. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.

To the best knowledge and belief of the undersigned, the parties in possession of the property are Robert L. Davis and Helen E. Davis or a tenant or tenants and said property is more commonly known as 3677 Tignall Road, Washington, GA 30673.

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.

OCWEN LOAN SERVICING, LLC



As Attorney in Fact for Robert L. Davis and Helen E. Davis

Weissman, Nowack, Curry & Wilco, PC

Attn: Ocwen Team

One Alliance Center

3500 Lenox Road

Atlanta, GA 30326

Our File# 016030

Notice of Sale Under Power. State of Georgia, County of WILKES. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by RONALD T HUFFMAN AND WENDY E HUFFMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR OHIO SAVINGS BANK , dated 04/18/2007, and Recorded on 04/25/2007 as Book No. 257 and Page No. 514-530, WILKES County, Georgia records, as last assigned to JPMORGAN CHASE BANK, N.A. (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $260,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the WILKES County Courthouse within the legal hours of sale on the first Tuesday in February, 2013, the following described property: ALL THAT TRACT OR PARCEL OF LAND WITH IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE 165TH GMD OF WILKES COUNTY, GEORGIA, AND FRONTING ON THE WEST SIDE OF GEORGIA HIGHWAY 17 , AND CONTAINING 10.325 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED BY A PLAT OF SURVEY PREPARED BY JOHN R. LONG, RLS, DATED MAY 4, 1976 AND RECORDED IN PLAT BOOK 7, PAGE 22, WILKES COUNTY SUPERIOR COURT DEED RECORDS. SAID PLAT OF SURVEY AND THE OFFICIAL RECORD THEREOF IS INCORPORATED HEREIN FOR A MORE COMPLETE DESCRIPTION OF SAID TRACT.

SAID TRACT IS BOUNDED NOW OR FORMERLY AS FOLLOWS: NORTH BY LANDS OF BOUNDS AND BY LANDS OF PRUITT; EAST BY GEORGIA HIGHWAY 17; AND SOUTH AND WEST BY LANDS OF BOUNDS.

THIS IS THAT SAME TRACT ACQUIRED BY RONALD T. HUFFMAN AND WENDY E. HUFFMAN FROM D. MICHAEL HARTKE BY DEED DATED MAY 20, 2004 AND RECORDED IN DEED BOOK 225, PAGE 518, WILKES COUNTY SUPERIOR COURT OF DEED RECORDS. 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. Because the debt remains 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 s fees (notice of intent to collect attorney s fees having been given). JPMORGAN CHASE BANK, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, acting on behalf of and, as necessary, in consultation with FEDERAL NATIONAL MORTGAGE ASSOCIATION, A/K/A FANNIE MAE (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44-14-162.2, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC may be contacted at: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, 3415 VISION DRIVE, COLUMBUS, OH 43219, 866-550-5705. Please note that, pursuant to O.C.G.A. 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 2103 TIGNALL RD #1, WASHINGTON, GEORGIA 30673 is/are: RONALD T HUFFMAN AND WENDY E HUFFMAN or tenant/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; 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 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. JPMORGAN CHASE BANK, N.A. as Attorney in Fact for RONALD T HUFFMAN AND WENDY E HUFFMAN. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120187409679 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.