The Georgia Post
Crawford County

Notice of Sale Under Power
Nov 17, 2012 | 299 views | email to a friend | print

Notice of Sale Under Power

State of Georgia

County of Crawford

Under and by the virtue of the

power of sale contained in a deed to

secure debt given by Gladys Delois

Saffold nka Gladys Ubert and Leonard

Ubert to EquiCredit, dated August

16,2001, and recorded in Deed Book

198, page 800, Crawford County,

Georgia Records, as last assigned to

The Bank of New York, f/ka/ The Bank

of New York as trustee for the holders

of the EQCC Asset Backed Certifi -

cates, Series 2001-1F by assignment

to be recorded in Crawford County,

Georgia records, conveying the afterdescribed

property to secure a note

of even date in the original principal

amount of $45,001.00, with interest at

the rate specifi ed therein, there will be

sold by the undersigned at public outcry

to the highest bidder for cash before

the courthouse door of Crawford

County, Georgia, within the legal hours

of sale on the fi rst Tuesday in December,

2012 to wit: December 4, 2012,

the following described property: All

that certain lot, tract or parcel of land

situate lying and being in the State of

Georgia, County of Crawford and in

Land Lot 134 in the Seventh Land District

of Crawford County, Georgia, and

being more particularly described as

follows: Beginning at an iron pin on the

Northeast corner of the A.J. Willis Lot

thence running north 58 degrees 16

minutes west 171 feet, thence North

38 degrees 30 minutes East 101 feet,

thence South 58 degrees 16 minutes

East 158 feet to public road , thence

South 32 degrees 00 minutes West

along public road 100 feet to the point

of beginning. Bounded on the North by

Spillers Brothers Lumber Company,

on East by other lands of Pagel, and

on the South by a County Road, and

on the West by A.J. Willis. This is the

same property as described in Deed

Book 128, page 397, aforesaid records.

The debt secured by said Deed

to Secure Debt has been 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. The

debt remaining in default, this sale will

be made for the purpose of paring 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). Said property

is commonly known as 277 Horne

Road, Roberta, GA 31078, together

with all fi xtures and personal property

attached to and constituting a part of

said property. To the best knowledge

and belief of the undersigned, the

party (or parties) in possession of the

subject property is (are): Gladys Ubert

and Leonard Ubert, life estate, and

Kenneth Saffold or tenant or 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

fi rst 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) confi rmation that the sale is not

prohibited under the U.S. Bankruptcy

Code; (2) O.C.G.A. Section 9-13-

172.1; and (3) fi nal confi rmation and

audit of the status of the loan with th

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 fi nal confi rmation and audit

of the status of the loan as provided

in the precedingparagraph. Pursuant

to O.C.G.A. Section 44-14-162.2, the

entity that has full authority to negotiate,

amend and modify all terms of the

mortgage with the debtor is:

Select Portfolio Servicing, Inc.

Attention: Loss Mitigation Department

3815 South West Temple

Salt Lake City, Utah 84115

1-888-818-6032

The foregoing notwithstanding, nothing

in O.C.G.A. Section 44-14-162.2 shall

be construed to require the secured

creditor to negotiate, amend or modify

the terms of the Deed to Secure Debt

described herein. This sale is conducted

on behalf of the secured creditor

under the power of sale granted in the

aforementioned security instrument,

specifi cally being. The Bank of New

York, f/ka/ The Bank of New York as

trustee for the holders of the EQCC

Asset Backed Certifi cates, Series

2001-1F as attorney in fact for Gladys

Delois Saffold nka Gladys Ubert and

Leonard Ubert.

Richard B. Maner, P.C.

5775 Glenridge Drive

Building D, Suite 100

Atlanta, GA 30328

(404)252-6385

(11-1) Saffold 11/08-11/29