The Barrow Journal
Barrow County

Notice of Sale
Nov 08, 2012 | 156 views | email to a friend | print

Notice of Sale

Notice of Sale Under Power

Georgia, Barrow County


Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY DUANE WILBANKS and ANGELA MICHELLE WILBANKS to NATIONAL CITY MORTGAGE CO doing business as Commonwealth United Mortgage Company, dated April 6, 2004, recorded in Deed Book 928, Page 106, Barrow County, Georgia Records and as modified by that certain Loan Modification Agreement recorded in Deed Book 1468, Page 373, Barrow County, Georgia Records, as last transferred to PNC Bank, National Association by assignment recorded in Deed Book 1652, Page 429, Barrow County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY-FIVE THOUSAND AND 0/100 DOLLARS ($175,000.00), 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 Barrow County, Georgia within the legal hours of sale on the first Tuesday in December, 2012, the following described property: SEE EXHIBIT A 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 s fees (notice of intent to collect attorney s 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.

PNC Bank, National Association is the holder of the Note and Security Deed to the property in accordance with OCGA 44-14-162.2.

The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: PNC Mortgage, 3232 Newmark Drive, Miamisburg, OH 45342, 800-523-8654.

To the best knowledge and belief of the undersigned, the party in possession of the property is Angela Michelle Wilbanks or a tenant or tenants and said property is more commonly known as 1164 Vintage Way, Hoschton, Georgia 30548.

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 s lien on real estate and this law firm will not be seeking a personal money judgment against you.

PNC Bank, National Association

as Attorney in Fact for

Timothy Duane Wilbanks and Angela Michelle Wilbanks

McCalla Raymer, LLC

1544 Old Alabama Road

Roswell, Georgia 30076

MR/sju 12/4/12

Our file no. 51010810-FT15


All that tract or parcel of land lying and being in GMD 1744 of Barrow County, Georgia, being Lot 71, Beringer Pointe Subdivision, as per plat recorded in Plat Book 46, Page 279, Barrow County, Georgia records, which plat is incorporated herein and by this reference made a part hereof.

MR/sju 12/4/12

Our file no. 51010810 - FT15

(NV7,14,21,28B/19698 #51010810-70T1P)