The Barrow Journal
Barrow County

Notice of Sale
Nov 08, 2012 | 147 views | email to a friend | print

Notice of Sale

Notice of Sale Under Power

Georgia, Barrow County

Pursuant to the Power of Sale contained in a Security Deed given by JOSE J. YANEZ and DENIEN YANEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for First Franklin Financial Corp., an Op. Sub. of MLB&T Co., FSB dated 4/20/2007 and recorded in Deed Book 1300 Page 386, BARROW County, Georgia records; as last transferred to U.S. BANK, NATIONAL ASSOCIATION, SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR TO LASALLE BANK, N.A. AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3, conveying the after-described property to secure a Note in the original principal amount of $ 121,520.00, 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 BARROW County, Georgia, within the legal hours of sale on the first Tuesday in December, 2012 (December 04, 2012), the following described property:

All that tract or parcel of land lying and being in 316 GMD of Barrow County, Georgia, being Lot 50, Block A, of Haymon Estates S/D, as per plat recorded in Plat Book 58, Page 276, Barrow County, Georgia records, which plat is incorporated herein and made a part hereof by reference.

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).

Said property is commonly known as 768 Morris Lane, Winder, GA 30680 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): Denien Yanez and Jose J. Yanez or tenant or tenants.

Bank of America 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.

Bank of America

Home Loan Assistance Dept.

7105 Corporate Drive

Plano, TX 75024

(800) 846-2222

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) 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.

U.S. BANK, NATIONAL ASSOCIATION, SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A. AS SUCCESSOR TO LASALLE BANK, N.A. AS TRUSTEE FOR THE MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 as agent and Attorney in Fact for Jose J. Yanez and Denien Yanez

Aldridge Connors, LLP, 15 Piedmont Center, 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. 1016-653937

(NV7,14,21,28B/20029 #653937-80P)