Notice of Sale Under Power.
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 DARYL A DACOSTA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ( ERS AS NOMINEE FOR ERA MORTGAGE , dated 04/17/2009, and Recorded on 04/22/2009 as Book No. 1325 and Page No. 0166, 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 $137,900.00, 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 February, 2013, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 212, 2ND LAND DISTRICT OF LEE COUNTY, GEORGIA, BEING ALL OF LOT 71 OF HIGHLAND CROSSING SUBDIVISION, PHASE IV, ACCORDING TO A PLAT OF SAID SUBDIVISION AS RECORDED IN PLAT CABINET D, SLIDE D-46, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF LEE COUNTY, GEORGIA, WHICH PLAT IS BY REFERENCE HERETO INCORPORATED HEREIN AND MADE A PART HEREOF. 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 187 JARRETT DRIVE, LEESBURG, GEORGIA 31763 is/are: DARYL A DACOSTA 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 DARYL A DACOSTA. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120028701501 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
Jan. 9, 16, 23, 30 70 pw