The Houston Home Journal
Houston County

NOTICE OF SALE UNDER POWER, HOUSTON COUNTY
Nov 27, 2012 | 227 views | email to a friend | print

NOTICE OF SALE UNDER POWER, HOUSTON COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Laura Hay to Mortgage Electronic Registration Systems, Inc. as nominee for Alacrity Lending Company dated 3/12/2010 and recorded in Deed Book 5173 Page 51, Houston County, Georgia records; as last transferred to First American Mortgage Trust, conveying the after-described property to secure a Note in the original principal amount of $70,695.00, 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 Houston 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 lying and being in the Land Lots 70 and 71 , 5th Land District, Houston County, Georgia. described as Lot Number Three (3) Block H, Phase 1, Richmond Hill Subdivision, being more particularly described by that certain plat of survey prepared by Waddell & Compnat, GRLS, recorded in Plat Book 55, Page 8, Houston County Land Records. Said plat of survey and record thereof are by reference made a part hereof for a more accurate description of said property. This is the same property conveyed by special warranty deed from Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pss-Through Certificates, Quest Trust Series 2006-Xl under the pooling and servicing Agreement dated March I, 2006, Without Recourse to Farr Housing, Inc. dated October 6, 2008. recorded in Deed Book 4775, Pages 1-3, said records. Further, this is the same property conveyed by deed under power from Terence McGhee, through his duly appointed agent and attorney-in-fact, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pss-Through Certificates. Quest Trust Series 2006-X1 under the pooling and servicing Agreement dated March 1, 2006, Without Recourse, to Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pss-Through Certificates. Quest Trust Series 2006-Xl under the pooling and servicing Agreement dated March 1. 2006. Without Recourse, dated February 6. 2007, recorded in Deed Book 4256, Page 107-109, said records. SUBJECT TO: I) Restrictive covenants recorded in Deed Book 1489, Pages 2-14, as may be amended of record, said records. 2) 30-foot building set back line as shown on said plat. 3) outstanding restrictive covenants, easements, rights of way, etc. as shown on the title abstract on the survey. 2) Easements, rights-of-way, surveys, protective covenants, limitations and restrictions affecting said property of record, said records. There is located on the property hereinabove described and conveyed a manufactured home more particularly described as a 2000 Homestead, Serial Number HMSTI5I22ABGA, and by agreement of the parties hereto, is affixed to the above described land in such a manner as to constitute a fixture pursuant to O.C.G.A. 44-1-6(a), as amended, and has as of the date hereof become a part of the real property herein described. Accordingly, said home is to be treated and taxed as an improvement to real property for ad valorem tax purposes and the owner thereof agrees to apply for homestead exemption or take other applicable steps to ensure taxation of said home as real property at the earliest possible date under the laws of the State of Georgia. It being the unconditional and absolute intention that the manufactured housing as last described shall remain permanently attached in its place on the realty as hereinabove described. NOTE: The above referenced manufactured home has been converted to and taxed as real property by filing Form T-234 with the above referenced county's Clerk of Superior Court recorded in Deed Book 3361, Page 147 with the original certificate of title or manufactured statement of origin, as the case may be, forwarded to the Georgia Department of Motor Vehicles for retirement. 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). First American Mortgage Trust is the current owner of the loan. Said property is commonly known as 201 Richmond Hill Parkway, Byron, Georgia 31008 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): Laura Hay or tenant or tenants. Dovenmuehle Mortgage, Inc. 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. Dovenmuehle Mortgage, Inc. Loss Mitigation Department 1 Corporate Center Drive, Suite 360 Lake Zurich, IL 60047 1-888-395-3997 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. First American Mortgage Trust as agent and Attorney in Fact for Laura Hay Aldridge Connors, LLP, 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. 1072-2938 113957 11/28 - 12/26