STATE OF GEORGIA
COUNTY of GILMER
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from THERESA RECKER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MARKET STREET MORTGAGE CORPORATION dated February 14, 2006, filed for record April 25, 2006, and recorded in Deed Book 1257, Page 372, GILMER County, Georgia Records, as last transferred to CARRINGTON MORTGAGE SERVICES, LLC by assignment recorded in Deed Book 1877, Page 216, GILMER County, Georgia Records, Deed to Secure Debt having been given to secure a Note dated February 14, 2006 in the original principal sum of NINETY EIGHT THOUSAND NINE HUNDRED SIXTY TWO AND 0/100 DOLLARS ($98,962.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at GILMER County, Georgia, within the legal hours of sale on the first Tuesday in April, 2015, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 281, 10TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, AND DESIGNATED AS LOT 9, NEW HOPE VALLEY, AS SHOWN ON A PLAT OF SURVEY PREPARED BY CHASTAIN & REECE, P.C., RECORDED 3/9/2001 IN PLAT BOOK 36, PAGE 145 GILMER COUNTY, GEORGIA RECORDS WITH REFERENCE MADE THERETO FOR THE PURPOSE OF INCORPORATING SAME.
TOGETHER WITH THAT CERTAIN HOUSING UNIT WHICH WAS FORMERLY PERSONALTY, BUT IS NOW PERMANENTLY ANNEXED AND AFFIXED TO THE ABOVE-DESCRIBED LAND AS A PERMANENT IMPROVEMENT AND WHICH IS SUBJECT OF GEORGIA MOTOR VEHICLE VIN # PH1410311AB WITH CURRENT TITLE NUMBER 772982050680103 WHICH IS A 1999 PALMETTO II MOBILE HOME MODEL # 7532.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is THERESA RECKER or a tenant or tenants. Said property is more commonly known as: 293 OLD WOODRING ROAD, ELLIJAY, GA 30540.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is CARRINGTON MORTGAGE SERVICES, LLC, 1610 E ST ANDREW, SUITE B 150, SANTA ANA, CA 92705; (949) 517-5202.
Said property will be sold subject to 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, 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 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.
Said property will be sold as the property of THERESA RECKER.
CARRINGTON MORTGAGE SERVICES, LLC
As Attorney-in-Fact for
Phelan Hallinan Diamond & Jones, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
PH # 21917
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.