Notice of Sale
Notice of Sale Under Power
Georgia, Barrow County
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated April 3, 2002, from GARY A. DAVIS and SUSAN NEUHART DAVIS to THE CIT GROUP/CONSUMER FINANCE, INC., recorded on April 11, 2002 in Deed Book 684 at Page 787, Barrow County, Georgia Records, having been last sold, assigned, transferred and conveyed to The Bank of New York Mellon, the successor to JPMorgan Chase Bank, as Trustee for CIT Home Equity Loan Trust 2002-2 by Assignment and said Deed to Secure Debt having been given to secure a note dated April 3, 2002, in the amount of $86,250.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Barrow County, Georgia, on February 5, 2013, the following described real property (hereinafter referred to as the Property ):
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 243RD DISTRICT, G.M., BARROW COUNTY, GEORGIA, AND IN THE CITY OF WINDER, AS SHOWN BY THAT CERTAIN PLAT OF SURVEY ENTITLED CLOSING PLAT FOR GARY A. DAVIS AND SUSAN N. DAVIS , PREPARED BY W.T. DUNAHOO and ASSOCIATES, INC., CERTIFIED BY W.T. DUNAHOO, GEORGIA REGISTERED SURVEYOR NO 1577, DATED JUNE 22, 1993 AND BEING OF RECORD IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT FOR BARROW COUNTY, GEORGIA IN PLAT BOOK 20, PAGE 12, WHICH PLAT AND ITS RECORDING ARE BY REFRENCE INCORPORATED HEREIN FOR FURTHER IDENTIFICATION AND DESCRIPTION.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys fees. Notice of intention to collect attorneys fees has been given as provided by law.
To the best of the undersigned s knowledge, the person(s) in possession of the property is/are Gary A. Davis and Susan Neuhart Davis. The property, being commonly known as 79 Patrick Mill Road, Winder, GA 30680 in Barrow County, will be sold as the property of Gary A. Davis and Susan Neuhart Davis, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Vericrest Financial, Inc.
16745 West Bernardo Drive
San Diego, CA 92127
The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for The Bank of New York Mellon, the successor to JPMorgan Chase Bank, as Trustee for CIT Home Equity Loan Trust 2002-2, by Vericrest Financial, Inc. as its attorney in fact as Attorney in Fact for Gary A. Davis and Susan Neuhart Davis 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (866) 690-0418 A-4345779 01/09/2013, 01/16/2013, 01/23/2013, 01/30/2013