Notice of Sale
Notice of Sale Under Power
State of Georgia, County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ROBERT C FRANKLIN SR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ( ERS , AS NOMINEE FOR NFM, INC. D/B/A NATIONAL FIDELITY MORTGAGE CORPORATION, A MARYLAND CORPORATION, dated 05/20/2009, and Recorded on 06/02/2009 as Book No. 340 and Page No. 665-676, BANKS County, Georgia records, as last assigned to BANK OF AMERICA, N.A., by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $181,061.00, 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 BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2012, the following described property:
BEING ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THERON, LYING AND BEING ON THE 207TH DISTRCT, BANKS COUNTY, GEORGIA, CONTAINING 3.02 ACRES, MORE OR LESS, AND BEING DESIGNATED AS LOT 12, GOVERNOR WALK SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK C, PAGE 1, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF BANKS COUNTY, GEORGIA RECORDS, WHICH RECORDED PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION.
** FOR INFORMATIONAL PURPOSES ONLY**
THE IMPROVEMENTS THEREON BEING KNOWN AS NO. 379 CHAMBERS ROAD, COMMERCE GEORGIA 30530-6990
TAX ID# B66E012
THE ABOVE DESCRIBED PROPERTY WAS TAKEN IN FEE. 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 fees (notice of intent to collect attorney fees having been given). 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., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, PTX-C-32, Foreclosure 7105 CORPORATE, PLANO, TX 75024, 800-669-0102. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 379 CHAMBERS RD, COMMERCE, GEORGIA 30530 is/are: ROBERT C FRANKLIN SR 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.
BANK OF AMERICA, N.A. as Attorney in Fact for ROBERT C FRANKLIN SR.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.