Details for 40281361 FC15-217 Gutierrez 11/8, 15, 22, 29; 2017 Notice of
40281361 FC15-217 Gutierrez 11/8, 15, 22, 29; 2017 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 Miguel E. Gutierrez to Chase Bank USA, NA, dated November 20, 2006, and recorded in Deed Book 2483, Page 787, Douglas County, Georgia records, as last transferred to Deutsche Bank National Trust Company, as Trustee on behalf of the holders of the J.P. Mortgage Acquisition Trust 2007-CH3 Asset Backed Pass-Through Certificates, Series 2007-CH3 by Assignment recorded in Deed Book 3298, Page 209, Douglas County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $129,600.00, 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 December, 2017, to wit: December 5, 2017, the following described property: All that tract or parcel of land lying and being in Land Lots 364 and 365 of the 18th District, 2nd Section, Douglas County, Georgia, being in the town of Lithia Springs, Georgia and more particularly described as follows: Beginning at an iron pin on the westerly side of Marsh Avenue, 305 feet southerly of Bankhead Highway (U.S. Highway No. 78); thence south 18 degrees 41 minutes 50 seconds east for 141.3 feet to an iron pin; thence running south 77 degrees 12 minutes 30 seconds west for 267.84 feet to an iron pin next to a fence post (wood); thence north 13 degrees and 38 minutes west for 162.1 feet to an iron pin in a garden; thence running north 82 degrees 01 minutes and 31 seconds east for 256.6 feet to an iron pin on the right of way of Marsh Avenue, the point of beginning, said described tract containing 0.91 acres. Being improved property known as 6665 Marsh Avenue, according to the present system of numbering houses in Douglas County, Georgia. 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 6665 Marsh Avenue, 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): Miguel E. Gutierrez AND Maria D. Gutierrez 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 Deutsche Bank National Trust Company, as Trustee on behalf of the holders of the J.P. Mortgage Acquisition Trust 2007-CH3 Asset Backed Pass-Through Certificates, Series 2007-CH3 as attorney in fact for Miguel E. Gutierrez 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.