Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 JEFFERY SIMPSON and PENNY SIMPSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 11, 2007, recorded in Deed Book 307, Page 634, Banks County, Georgia Records, as last transferred to Bank of America N.A. successor by merger to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 375, Page 221, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-FIVE THOUSAND TWO HUNDRED TWENTY-ONE AND 0/100 DOLLARS ($145,221.00), 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 Banks County, Georgia within the legal hours of sale on the first Tuesday in August, 2012, the following described property:
SEE EXHIBIT 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 fees (notice of intent to collect attorney 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: Bank of America, N.A., 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5100. 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 party in possession of the property is Jeffery Simpson and Penny Simpson or a tenant or tenants and said property is more commonly known as 2378 Highway 98, Maysville, Georgia 30558. 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. This law firm is seeking solely to foreclose the creditor lien on real estate and this law firm will not be seeking a personal money judgment against you.
Bank of America N.A. successor by merger to BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing LP as Attorney in Fact for Jeffery Simpson and Penny Simpson
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/krc1 8/7/12 Our file no. 5470312-FT11
EXHIBIT
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, designated as Tract No. 1 on a plat of survey prepared for Arcade Homes, Inc. by W.T. Dunahoo, Registered Surveyor, dated January 22, 2001, and recorded in Plat Book 25, Page 150, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorported herein by reference for a more detailed description. Together with a 2001 Palm Harbor Manufactured Home bearing Identification Number PH1411942AB. MR/krc1 8/7/12 Our file no. 5470312 - FT11
(JU11,18,25,AU1B/19698# 5470312-70T1P)