Details for 40251078 Burton 10/5, 12, 19, 26; 2016 Notice of Sale


40251078 Burton 10/5, 12, 19, 26; 2016

Notice of Sale Under Power Georgia, Douglas County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Gary J. Burton to Mortgage Electronic Registration Systems, Inc. as nominee for SunTrust Mortgage, Inc.d/b/a Sun America Mortgage, dated December 29, 2003, and recorded in Deed Book 1893, Page 55, Douglas County, Georgia records, as last transferred to DLJ Mortgage Capital, Inc. by Asssignment recorded in Deed Book 3138, Page 222, Douglas County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $155,250.00, 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 Douglas County, Georgia, within the legal hours of sale on the first Tuesday in November, 2016, to wit: November 1, 2016, the following described property: All that tract or parcel of land lying and being in Land Lot 628 of the 18th District, 2nd Section, Douglas County, Georgia being known as Lot 83 of The Overlook at Groover's Lake, Phase One, Unit II, as per Plat Book 30, Pages 103 through 105, and all revisions of said Plat recorded as of the date of the recording of this deed, if any, Douglas County, Georgia Records, said Plat and all revised Plats, if any, being incorporated herein and made a part hereof by reference for a more complete description of captioned property and being improved property known as 1196 Andrew's Drive, Lithia Springs, GA 30122 according to the present system of numbering houses in Douglas County, Georgia This sale shall be made subject to the right of redemption in favor of the United States of America to redeem the property for a period of one year from the date of sale pursuant to 28 U.S.C. Section 2410 ( c ), which right of redemption arises because the United States of America is the holder of those certain Deeds to Secure Debt from Gary J. Burton to the Secretary of Housing and Urban Development dated February 28, 2007, recorded in Deed Book 2537, Page 180, Douglas County, Georgia records, and dated April 21, 2011, recorded in Deed Book 2940, Page 184, Douglas County, Georgia records. 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. 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 Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property is commonly known as 1196 Andrews Drive, Lithia Springs, GA 30122, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Gary J. Burton or tenant or 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; (2) O.C.G.A. Section 9-13-172.1; and (3) 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. Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is: Select Portfolio Servicing, Inc. Attention: Loss Mitigation Department 3217 S. Decker Lake Drive Salt Lake City, Utah 84119
1-888-818-6032 The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein. This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being DLJ Mortgage Capital, Inc. as attorney in fact for Gary J. Burton Richard B. Maner, P.C. 5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 (404)252-6385 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FC13-93


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