Notice of Sale Under Power
Georgia, Warren County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by SHARLENE REDD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FINANCE AMERICA, LLC, dated NOVEMBER 04, 2004, and recorded in Deed Book 7-N, Page 103, Warren County, Georgia records, AS LAST TRANSFERRED TO WILMINGTON TRUST COMPANY, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-1 BY ASSIGNMENT RECORDED IN DEED BOOK 8-P, PAGE 91 AND RE-RECORDED IN DEED BOOK 8-R, PAGE 95, WARREN COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $48,750.00, 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 Warren County, Georgia, within the legal hours of sale on the first Tuesday in March, 2013, to wit: March 05, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND, WITH IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE 157TH DISTRICT, G.M OF WARREN COUNTY, GEORGIA, CONTAINING 1.19 ACRES AND BEING MORE PARTICULARLY DESCRIBED BY PLAT OF SURVEY THEREON PREPARED BY T. LARRY RACHELS, RLS NUMBER 1730, DATES FEBRUARY 3, 1992 COPY OF WHICH IS RECORDED IN PLAT BOOK SLIDE A AT PAGE 226 (G) IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF WARREN COUNTY GEORGIA AND TO WHICH PLAT AND THE OFFICIAL RECORD THEREOF REFERENCE IS HEREBY SPECIFICALLY MADE IN AID OF AND A MORE COMPLETE AND DETAILED DESCRIPTION OF SAID TRACT AS TO ITS COURSES, BOUNDS, METES AND DISTANCES.
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. 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 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 2722 WEST ELAM CHURCH ROAD NW, NORWOOD, GA 30821, together with all fixtures 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): SHARLENE REDD 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 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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.
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:
Ocwen Loan Servicing, LLC
Attention: Home Retention Department
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
The foregoing notwithstanding, nothing in OC.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, specifically being
U.S. BANK, NA, AS TRUSTEE, SUCCESSOR IN INTEREST TO WILMINGTON TRUST COMPANY, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NA, AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-1
as attorney in fact for
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.