Details for Notice of Sale Under Power Georgia, Henry County Under and

Updated

Notice of Sale Under Power Georgia, Henry County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by James T. Heaton and Judy Heaton to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for EquiFirst Corporation, dated March 21, 2008, and recorded in Deed Book 10825, Page 3, Henry County, Georgia records, as last transferred to U.S. Bank National Association, as Indenture Trustee for Towd Point Mortgage Trust 2017-6 by Assignment recorded in Deed Book 17627, Page 276, Henry County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $153,000.00, 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 Henry County, Georgia, within the legal hours of sale on the first Tuesday in March, 2021, to wit: March 2, 2021, the following described property: All that tract or parcel of land lying and being in Land Lot 126 of the 7th District of Henry County, Georgia, being 1.26 acres as shown on plat of survey prepared by W.R. Franks and Associates prepared for James Thomas Heaton and Judy T. Heaton, dated February 16, 1988, and being more particularly described as follows: BEGINNING at an iron pin on the Northeasterly side of Jonesboro Road (80 foot right of way) 584.09 feet Southeasterly as measured along the Northeasterly side of Jonesboro Road from its intersection with the Easterly side of Dailey's Mill Road, running thence North 37 degrees 10 minutes 52 seconds East a distance of 280.20 feet to an iron pin; running thence South 56 degrees 32 minutes 58 seconds East a distance of 203.00 feet to an iron pin; running thence South 37 degrees 26 minutes 22 seconds West a distance of 267.60 feet to an iron pin found on the Northeasterly side of Jonesboro Road; running thence North 60 degrees 07 minutes 27 seconds West along the Northeasterly side of Jonesboro Road a distance of 203.00 feet to an iron pin and the point of beginning. 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 358 Jonesboro Road, McDonough, GA 30253, 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): James T. Heaton and Judy Heaton 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 U.S. Bank National Association, as Indenture Trustee for Towd Point Mortgage Trust 2017-6 as attorney in fact for James T. Heaton and Judy Heaton Richard B. Maner, P.C. 180 Interstate N Parkway, Suite 200 Atlanta, GA 30339 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. FC20-126 25952-2/3,10,17,24,2021

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