The Brunswick News
Glynn County

Nov 27, 2012 | 260 views | email to a friend | print

STATE OF GEORGIA COUNTY OF GLYNN NOTICE OF SALE UNDER POWER Under and by virtue of the Power of Sale contained in a Security Deed given by Donald Carman and Emma Lou Carman to Financial Freedom Senior Funding Corporation, A Subsidiary of Indymac Bank. F.S.B. , dated February 8, 2008 , recorded on March 3, 2008 in Deed Book 2394, Page 117, said Security Deed having been last sold, assigned, transferred and conveyed to OneWest Bank, FSB by Assignment conveying the after-described property to secure a Note in the original principal amount of $998,400.00, with interest thereon as set forth therein, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on January 2, 2013 during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that certain lot, tract or parcel of land situate, lying and being on St. Simons Island, in Glynn County, Georgia and being designated as all of Lot Fifty-Six (56), St Simons Island Club Subdivision, Phase One (1), according to the map and plan of said subdivision made by George P. Underwood, Jr. Georgia Registered Land Surveyor No 1927, dated September 17, 1979, and recorded in the Office Of The Clerk Of Superior Court of Glynn County, Georgia in Plat Drawer 17, Map No 656. Reference is hereby made to said map and plan and to the record thereof for further description and identification of said real property and for all other purposes. Tax Id 04-05881 Property Address 110 Saint Andrews Saint Simons Island, Ga 31522 Said property is known as 110 Saint Andrews, Saint Simons Island, Georgia., together with all fixtures and personal property attached to and constituting a party of said property, if any. Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14-162.2(a). Said property will be sold as the property of Donald Carman and Emma Lou Carman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Donald Carman and Emma Lou Carman or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to 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 non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation of the audit of the status of the loan as provided immediately above. The debt secured by said Security Deed 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 Security Deed. 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 Security Deed and by law, including, without limitation, attorneys` fees. Notice has been given of intention to collect attorneys` fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law. Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above-described mortgage is as follows:Financial Freedom Senior Funding Corporation 7700 W. Parmer Lane, Bldg. D Austin, TX 78729 Phone Number: (800) 441-4428. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. OneWest Bank, FSB as Attorney in Fact for Donald Carman and Emma Lou Carman McCurdy & Candler, L.L.C. (404) 373-1612 The Brunswick News Publication Dates: 11-27-12, 12-04-2012, 12-11-2012, 12-18-2012, 12-26-2012 File No. 12-08111 /RMCONV/smagnuson THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.