The Lee County Ledger
Lee County

Notice of Sale Under Power.
Jan 14, 2013 | 244 views | email to a friend | print

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 ROBERT L SCOTT to CENDANT MORTGAGE CORPORATION , dated 04/29/1999, and Recorded on 05/06/1999 as Book No. 408 and Page No. 264, LEE County, Georgia records, as last assigned to PHH MORTGAGE CORPORATION FORMERLY KNOWN AS CENDANT 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 $70,419.00, 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: TRACT 1:

ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 14 OF THE 13TH LAND DISTRICT OF LEE COUNTY, GEORGIA CONTAINING ONE (1) ACRE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TO REACH THE POINT OF BEGINNING START WHERE THE CENTER LINE OF A COUNTY ROAD RUNNING IN A GENERAL NORTHWESTERLY DIRECTION INTERSECTS THE CENTER LINE OF STATE ROUTE 118 IN LAND LOT 205 OF THE 16TH LAND DISTRICT OF LEE COUNTY, GEORGIA, AND FROM SAID STARTING POINT RUN THENCE ALONG THE CENTER LINE OF SAID COUNTY ROAD SOUTH 40 DEGREES 46 EAST A DISTANCE OF 1246 TO A POINT; THENCE CONTINUE ALONG THE CENTER LINE OF SAID COUNTY ROAD SOUTH 47 DEGREES 16 EAST A DISTANCE OF 241.8 TO A POINT; THENCE RUN SOUTH 36 DEGREES 36 WEST A DISTANCE OF 18 TO A POINT ON THE RIGHT-OF-WAY OF SAID COUNTY ROAD MARKED BY AN IRON PIN;

THENCE RUN ALONG THE RIGHT-OF-WAY OF SAID COUNTY ROAD SOUTH 47 DEGREES 56 EAST A DISTANCE OF 208.24 TO A POINT; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY SOUTH 46 DEGREES 12 EAST 22.28 TO A POINT WHICH MARKS THE POINT OF BEGINNING; THENCE RUN ALONG THE RIGHT-OF-WAY OF SAID COUNTY ROAD SOUTH 46 DEGREES 12 EAST 164 TO A POINT MARKED BY AN IRON PIN; THENCE RUN SOUTH 46 DEGREES 35 WEST 281.26 TO AN IRON PIN; THENCE RUN NORTH 35 DEGREES 20 WEST 164 TO AN ESTABLISHED POINT; THENCE NORTH 46 DEGREES 15 EAST 250.2 TO THE RIGHT-OF-WAY OF SAID COUNTY ROAD AND THE POINT OF BEGINNING ALL AS SHOWN ACCORDING TO A PLAT OF SURVEY PREPARED BY JAMES R. LITTLEFIELD, SURVEYOR, GEORGIA REGISTER NO. 1304, DATED NOVEMBER 17, 1978, A COPY OF WHICH APPEARS OF RECORD IN PLAT BOOK E, PAGE 133, RECORDS OF THE CLERK OF SUPERIOR COURT OF LEE COUNTY, GEORGIA, WHICH PLAT IS BY REFERENCE MADE A PART OF THIS DESCRIPTION.

TRACT 2:

ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOST 14 OF THE 13TH LAND DISTRICT OF LEE COUNTY, GEORGIA, CONTAINING TWO (2) ACRES AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TO REACH THE POINT OF BEGINNING; START AT THE POINT WHERE THE CENTER LINE OF A COUNTY ROAD RUNNING IN A GENERAL NORTHWESTERLY DIRECTION INTERSECTS THE CENTER LINE OF STATE ROUTE 116 IN LAND LOT 205 OF THE 16TH LAND DISTRICT OF LEE COUNTY, GEORGIA, AND FROM SAID STARTING POINT RUN THENCE ALONG THE CENTER LINE OF SAID COUNTY ROAD SOUTH 40 DEGREES 46 EAST A DISTANCE OF 1246 TO A POINT; THENCE CONTINUE ALONG THE CENTER LINE OF SAID COUNTY ROAD SOUTH 47 DEGREES 36 EAST A DISTANCE OF 241.8 THENCE RUN SOUTH 36 DEGREES 36 WEST A DISTANCE OF 18 TO A POINT ON THE RIGHT-OF-WAY OF SAID COUNTY ROAD MARKED BY AN IRON PIN WHICH IS THE POINT OF BEGINNING;

FROM SAID POINT OF BEGINNING RUN SOUTH 36 DEGREES 36 WEST 325.1 TO AN IRON PIN; THENCE SOUTH 35 DEGREES 20 EAST 340.65 TO AN IRON PIN; THENCE NORTH 48 DEGREES 35 EAST 112.35 TO AN IRON PIN; THENCE NORTH 35 DEGREES 20 WEST 184 TO AN ESTABLISHED POINT; THENCE NORTH 46 DEGREES 15 EAST 250.2 TO AN ESTABLISHED POINT ON THE RIGHT-OF-WAY OF SAID COUNTY ROAD; THENCE ALONG THE RIGHT-OF-WAY OF SAID COUNTY ROAD NORTH 46 DEGREES 12 WEST 22.28 THENCE CONTINUE ALONG THE RIGHT-OF-WAY OF SAID COUNTY ROAD NORTH 47 DEGREES 58 WEST 208.24 TO THE IRON PIN WHICH MARKS THE POINT OF BEGINNING, ALL AS SHOWN ACCORDING

TO A PLAT OF SURVEY PREPARED BY JAMES R. LITTLEFIELD, SURVEYOR, GEORGIA REGISTER NO. 1304, DATED NOVEMBER 17, 1978, A COPY OF WHICH APPEARS OF RECORD IN PLAT BOOK E, PAGE 133, RECORDS OF THE CLERK OF SUPERIOR COURT OF LEE COUNTY, GEORGIA, WHICH PLAT IS BY REFERENCE MADE A PART OF THIS DESCRIPTION. 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 FORMERLY KNOWN AS CENDANT 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 FORMERLY KNOWN AS CENDANT 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 166 USRY ROAD, SMITHVILLE, GEORGIA 31787 is/are: ROBERT L SCOTT 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 FORMERLY KNOWN AS CENDANT MORTGAGE CORPORATION as Attorney in Fact for ROBERT L SCOTT. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120028701433 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.

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