NOTICE OF SALE UNDER POWER, WAYNE COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by James H. Smith and Lorna Smith to Mortgage Electronic Registration Systems, Inc. as nominee for Decision One Mortgage Company, LLC. dated 5/20/2005 and recorded in Deed Book 30-X Page 563, WAYNE County, Georgia records; as last transferred to HSBC MORTGAGE SERVICES INC, conveying the after-described property to secure a Note in the original principal amount of $ 154,500.00, 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 WAYNE County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012 (December 4, 2012), the following described property:
All that certain lot or parcel of land situate, lying and being in the City of Jesup, Wayne County, Georgia, containing 0.713 acres, and being shown and delineated on a certain plat of same prepared by Shad L. Atkinson, Georgia R.L.S. No. 2254, dated June 9, 1993, and recorded in the office of the clerk of superior court, Wayne County, Georgia, in plat book 28, folio 243, and being bounded as follows, to-wit: On the southeast for a distance of 204.88 feet by South Fourth Street, on the northeast for a distance of 150.0 feet by lands of William S. Norwood; on the northwest for a distance of 206.33 feet by lands of Billy Poppell; and on the southwest for a distance of 152.23 feet by lands of Nathaniel and Betty Richardson. For a further description of said property, reference is hereby made to the aforesaid plat and the record thereof.
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). HSBC MORTGAGE SERVICES INC is the current owner of the loan.
Said property is commonly known as 444 South Fourth Street, Jesup, Georgia 31545 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): James H. Smith and Lorna Smith or tenant or tenants.
HSBC Mortgage Services, 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.
HSBC Mortgage Services, Inc.
PO Box 9068
Brandon, FL 33509-9068
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.
HSBC MORTGAGE SERVICES INC as agent and Attorney in Fact for James H. Smith and Lorna Smith
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. 1021-676565
Run Dates: November 10, 17, 24, and December 1, 2012