NOTICE OF SALE
Pursuant to the Power of Sale contained in a Security Deed given by Teresa A. Johnson and Randall L. Johnson to Florida Commerce Credit Union dated 7/15/2009 and recorded in Deed Book 1583 Page 323, THOMAS County, Georgia records; as last transferred to PHH MORTGAGE CORPORATION, conveying the after-described property to secure a Note in the original principal amount of $ 272,000.00, 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 THOMAS County, Georgia, within the legal hours of sale on March 05, 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 situate, lying and being in Land Lot #140 of the 13th Land District of Thomas County, Georgia, and being more particularly identified as Lot 8 of Plantation Woods Subdivision as said lot is more particularly shown on an individual plat of survey prepared for Terence P. Frazier by Leroy Ouzts, Georgia Registered Land Surveyor No. 1654, dated April 11, 1994 and recorded in Plat Cabinet 2, folio 98-D among the Deed Records of Thomas County, Georgia.
The above described property is conveyed subject to all easements and restrictions of record, if any.
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).
Said property is commonly known as 312 Plantation Lane, Thomasville, GA 31757 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): Randall L. Johnson and Teresa A. Johnson or tenant or tenants.
PHH Mortgage Corporation 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.
PHH Mortgage Corporation
1 Mortgage Way
Mount Laurel, New Jersey 08054
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) 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.
PHH MORTGAGE CORPORATION as agent and Attorney in Fact for Teresa A. Johnson and Randall L. Johnson
Aldridge Connors, LLP, 15 Piedmont Center, 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. 1162-532A