Notice of Sale
Notice of Sale Under Power
Georgia, Barrow County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by LORI ANN WALKER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ( MERS ) AS NOMINEE FOR PRIMARY CAPITAL ADVISORS LC , dated 11/03/2004, and Recorded on 11/19/2004 as Book No. 0999 and Page No. 0601, BARROW County, Georgia records, as last assigned to NATIONSTAR MORTGAGE LLC (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $110,800.00, 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 BARROW County Courthouse within the legal hours of sale on the first Tuesday in December, 2012, the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE 243RD DISTRICT, G.M., BARROW COUNTY, GEORGIA, BEING LOT 42, BLOCK A, UNIT ONE OF HIGHLAND PARK SUBDIVISION AS SHOWN ON THAT CERTAIN PLAT OF SURVEY ENTITLED FINAL PLAN FOR HIGHLAND PARK- UNIT ONE , DATED JANUARY 2, 2001, PREPARED BY W.T. DUNAHOO AND ASSOCIATES, W.T. DUNAHOO, REGISTERED LAND SURVEYORS, AND RECORDED IN PLAT BOOK 51, PAGE 232, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, BARROW COUNTY, GEORGIA, REFERENCE BEING MADE THERETO FOR A MORE COMPLETE DESCRIPTION OF THE PROPERTY HEREIN DESCRIBED.
THE RESIDENCE SITUATE ON THE ABOVE DESCRIBED TRACT OF LAND IS KNOWN AND DESIGNATED AS 257 TURNBERRY LANE ACCORDING TO THE PRESENT SYSTEM OF NUMBERING RESIDENCES IN BARROW COUNTY, GEORGIA.
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 s fees (notice of intent to collect attorney s fees having been given).
NATIONSTAR MORTGAGE LLC holds the duly endorsed Note and is the current assignee of the Security Deed to the property. NATIONSTAR MORTGAGE, acting on behalf of and, as necessary, in consultation with NATIONSTAR MORTGAGE LLC (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44-14-162.2, NATIONSTAR MORTGAGE may be contacted at: NATIONSTAR MORTGAGE, 350 HIGHLAND DRIVE, LEWISVILLE, TX 75067, 877-450-8638. Please note that, pursuant to O.C.G.A. 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 257 TURNBERRY LANE, WINDER, GEORGIA 30680 is/are: LORI ANN WALKER 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.
NATIONSTAR MORTGAGE LLC as Attorney in Fact for LORI ANN WALKER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120168301259
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.