Details for 40265085 6469126 Bennett 86046211 4/5, 12, 19, 26; 2017 Notice
40265085 6469126 Bennett 86046211 4/5, 12, 19, 26; 2017
Notice of Sale Under Power. State of Georgia, County of DOUGLAS. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JOEL CORTEZ BENNETT AND CRYSTAL E. SMITH‑BENNETT, AKA CRYSTAL SMITH ‑BENNETT, AKA CRYSTAL E. SMITH, AKA CRYSTAL M. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR FIRST AMERICAN MORTGAGE TRUST , dated 07/01/2003, and Recorded on 08/05/2003 as Book No. 1803 and Page No. 232‑242, DOUGLAS County, Georgia records, as last assigned to BANK OF AMERICA, N.A. (the Secured Creditor), by assignment, conveying the after‑described property to secure a Note of even date in the original principal amount of $137,431.00, 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 DOUGLAS County Courthouse within the legal hours of sale on the first Tuesday in May, 2017, the following described property: ALL THAT TRACT PARCEL OF LAND LYING AND BEING IN LAND LOT 115, 2ND DISTRICT OF THE 5TH SECTION, IN THE CITY OF VILLA RICA, DOUGLAS COUNTY, GEORGIA, AND BEING LOT 10 OF WEATHERSTONE, AS SHOWN ON A PLAT OF SURVEY FILED OF RECORD IN PLAT BOOK 28, PAGE(S) 128‑129, DOUGLAS COUNTY, GEORGIA RECORDS, WHICH PLAT OF SURVEY BY REFERENCE THERETO IS INCORPORATED IN THIS DESCRIPTION. 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 attorney’s fees (notice of intent to collect attorney’s fees having been given). BANK OF AMERICA, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, acting on behalf of and, as necessary, in consultation with BANK OF AMERICA, N.A. (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, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP may be contacted at: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, 7105 CORPORATE DRIVE, PLANO, TX 75024, 800‑669‑6650. 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 9631 POOLE ROAD, VILLA RICA, GEORGIA 30180‑0000 is/are: JOEL CORTEZ BENNETT AND CRYSTAL E. SMITH‑BENNETT, AKA CRYSTAL SMITH ‑BENNETT, AKA CRYSTAL E. SMITH, AKA CRYSTAL M. SMITH 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. BANK OF AMERICA, N.A. as Attorney in Fact for JOEL CORTEZ BENNETT AND CRYSTAL E. SMITH‑BENNETT, AKA CRYSTAL SMITH ‑BENNETT, AKA CRYSTAL E. SMITH, AKA CRYSTAL M. SMITH. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006469126 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341‑5398.