Notice of Sale Under Power. State of Georgia, County of LEE. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by TRINKA V POLITE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ( ERS , AS NOMINEE FOR PHH MORTGAGE CORPORATION D/B/A ERA MORTGAGE , dated 01/24/2008, and Recorded on 01/28/2008 as Book No. 1229 and Page No. 289, LEE County, Georgia records, as last assigned to PHH MORTGAGE CORPORATION (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $123,046.00, 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 LEE 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 SITUATE, LYING AND BEING IN LEE COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS ALL OF LOT 81 OF TALL PINES ESTATES, PHASE 5 ACCORDING TO A MAP OR PLAT OF SAID SUBDIVISION AS RECORDED IN PLAT CABINET D, SLIDE D-156, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF LEE 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 fees (notice of intent to collect attorney fees having been given). PHH MORTGAGE CORPORATION holds the duly endorsed Note and is the current assignee of the Security Deed to the property. PHH MORTGAGE CORP. F/K/A CENDANT MORTGAGE CORP., acting on behalf of and, as necessary, in consultation with PHH MORTGAGE CORPORATION (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, PHH MORTGAGE CORP. F/K/A CENDANT MORTGAGE CORP. may be contacted at: PHH MORTGAGE CORP. F/K/A CENDANT MORTGAGE CORP., 2001 BISHOPS GATE BLVD., MT. LAUREL, NJ 08054, 800-750-2518. 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 172 BIG OAK DRIVE, LEESBURG, GEORGIA 31763 is/are: TRINKA V POLITE 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. PHH MORTGAGE CORPORATION as Attorney in Fact for TRINKA V POLITE. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120028701286 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
Nov. 7, 14, 21, and 28 70 pw