NOTICE OF SALE UNDER POWER
GEORGIA, LUMPKIN COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from BENJAMIN L. THOMAS, JR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR AMERIS BANK, dated January 29, 2016, recorded February 24, 2016, in Deed Book 1318, Page 614 , Lumpkin County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Two Thousand Nine Hundred Ninety-Nine and 00/100 dollars ($102,999.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to PennyMac Loan Services, LLC, there will be sold at public outcry to the highest bidder for cash at the Lumpkin County Courthouse, within the legal hours of sale on the first Tuesday in October, 2019, all property described in said Security Deed including but not limited to the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 118 AND 123 IN THE FIRST DISTRICT ORIGINALLY OF HABERSHAM AND NOW OF LUMPKIN COUNTY, GEORGIA, BEING MORE FULLY DESCRIBED AND DELINEATED AS LOT 7-A, CONTAINING 1.80 ACRES, WHICH IS MORE FULLY DESCRIBED AND DELINEATED ACCORDING TO A PLAT OF SURVEY PREPARED OCTOBER 13, 1995 BY FREDERICK F. KAUFFMAN, GEORGIA REGISTERED SURVEYOR, WHICH IS RECORDED IN PLAT BOOK 28, PAGE 185, LUMPKIN COUNTY RECORDS, AND WHICH IS INCORPORATED BY REFERENCE HEREIN, THIS IS A PORTION OF THE SAME PROPERTY WHICH WAS CONVEYED TO DAVID D. HEERMANCE AND RENA M. HEERMANCE UNDER A WARRANTY DEED FROM Z. V. MAJOR DATED APRIL 18, 1980 WHICH RECORDED IN DEED BOOK Z-3, PAGE 475, LUMPKIN COUNTY, GEORGIA RECORDS. REFERENCE IS ALSO MADE TO AN AFFIDAVIT OF DESCENT, DEATH CERTIFICATE AND QUIT-CLAIM DEED WHICH ARE RECORDED IN DEED BOOK J-12, PAGES 216-224, LUMPKIN COUNTY, GEORGIA RECORDS.
Said legal description being controlling, however the property is more commonly known as 488 MOUNTAIN RIDGE DRIVE, DAHLONEGA, GA 30533.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed.
Said property will be sold on an as-is basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is BENJAMIN L. THOMAS, JR, PATRICIA NELL THOMAS, or tenants(s).
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.
Please note that, pursuant to O.C.G.A. 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: PennyMac Loan Services, LLC, Loss Mitigation Dept., 3043 Townsgate Rd., Suite 200, Westlake Village, CA 91361, Telephone Number: 1-866-549-3583.
PENNYMAC LOAN SERVICES, LLC
as Attorney in Fact for
BENJAMIN L. THOMAS, JR
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Attorney Contact: Rubin Lublin, LLC, 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071
Telephone Number: (877) 813-0992 Case No. PNY-18-02742-12
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