NOTICE OF SALE UNDER POWER, LUMPKIN COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Stephanie N. Davis a/k/a Stephanie Nicole Davis and Martha G. Fowler to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for EquiFirst Corporation, its successors and assigns dated 6/23/2005 and recorded in Deed Book A36 Page 298 Lumpkin County, Georgia records; as last transferred to or acquired by U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-EFC3, conveying the after-described property to secure a Note in the original principal amount of $140,000.00, 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 Lumpkin County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on February 4, 2020 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 770, 12th District, 1st Section, Lumpkin County, Georgia and being fully described by a plat prepared by Richard Webb & Associates, GRLS, dated August 24, 2004, being 1.00 acres, more or less, and being recorded in Cabinet One, Slide 112, Plat 24 A, March 15, 2005, Lumpkin County, Georgia Records, which plat is incorporated herein and made a part of the record hereof by reference. This 1.00 acre tract is part of that parcel being 5.21 acres surveyed by Frederick Kauffman, Georgia Registered Land Surveyor, June 5, 1998, being more particularly described as Tract A of that same plat in Plat Book 19, Page 283, Lumpkin County, Georgia Records.
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 the Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property is commonly known as 1853 Black Mountain Road, Dahlonega, GA 30533 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Stephanie N. Davis a/k/a Stephanie Nicole Davis or tenant or tenants.
PHH Mortgage Corporation is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
PHH Mortgage Corporation
One Mortgage Way
Mount Laurel, NJ 08054
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 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 non-judicial 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 immediately above.
U.S. Bank National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-EFC3 as agent and Attorney in Fact for Stephanie N. Davis a/k/a Stephanie Nicole Davis and Martha G. Fowler.
Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1017-3876A
01/08, 01/15, 01/22, 01/29/20