Notice of Sale Under Power.
State of Georgia,
County of LUMPKIN.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ALISCA B MASSEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., (MERS), AS NOMINEE FOR MORTGAGE ASSURANCE INC., ITS SUCCESSORS AND ASSIGNS , dated 05/27/2016, and Recorded on 05/31/2016 as Book No. 1327 and Page No. 344 357, LUMPKIN County, Georgia records, as last assigned to CALIBER HOME LOANS, INC (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $188,899.00, 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 LUMPKIN County Courthouse within the legal hours of sale on the first Tuesday in May, 2019, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 689 AND 690 OF THE 12TH DISTRICT, 1ST SECTION OF LUMPKIN COUNTY, GEORGIA, BEING LOT 12 OF MARTINS GROVE SUBDIVISION, CONSISTING OF 1.49 ACRES, MORE OR LESS, TOGETHER WITH ALL IMPROVEMENTS LOCATED THEREON, AND BEING MORE PARTICULARLY SET OUT ON A PLAT OF SURVEY DATED AUGUST 6, 1986, PREPARED FOR DOUG KENIMER BY MICHAEL L. SCUPIN, GEORGIA REGISTERED LAND SURVEYOR. THIS PLAT IS RECORDED IN PLAT BOOK 18, PAGE 33, LUMPKIN COUNTY RECORDS, AND IS INCORPORATED HEREIN BY REFERENCE FOR A MORE DETAILED DESCRIPTION.
THIS CONVEYANCE IS MADE SUBJECT TO THAT DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS FOR MARTINS GROVE SUBDIVISION RECORDED IN DEED BOOK E 5, PAGES 387 389, LUMPKIN COUNTY RECORDS.
THIS PROPERTY IS CONVEYED SUBJECT TO ALL EASEMENTS FOR ROADS AND UTILITIES IN USE OR OF RECORD.
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 attorneys fees (notice of intent to collect attorneys fees having been given). CALIBER HOME LOANS, INC holds the duly endorsed Note and is the current assignee of the Security Deed to the property.
CALIBER HOME LOANS, INC., acting on behalf of and, as necessary, in consultation with FEDERAL HOME LOAN 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, CALIBER HOME LOANS, INC. may be contacted at: CALIBER HOME LOANS, INC., 13801 WIRELESS WAY, OKLAHOMA CITY, OK 73134, 800 401 6587. 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 641 MARTINS GROVE RD, DAHLONEGA, GEORGIA 30533 is/are: ALISCA B MASSEY 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.
CALIBER HOME LOANS, INC as Attorney in Fact for ALISCA B MASSEY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000008241440 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.
04/10, 04/17, 04/24, 05/01/19