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 Marie Leazard to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Home Funds Direct, dated December 19, 2006, and recorded in Deed Book 9895, Page 69, Henry County, Georgia records, as last transferred to The Bank of New York Mellon, successor to The Bank of New York, not in its individual capacity but solely as Trustee on behalf of the holders of the CIT Mortgage Loan Trust, 2007-1 Asset-Backed Certificates, Series 2007-1 by Assignment recorded in Deed Book 17770, Page 183, Henry County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $128,000.00, 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 August, 2021, to wit: August 3, 2021, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 222 OF THE 11TH DISTRICT, HENRY COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE TRITE POINT OF BEGINNING, BEGIN AT THE INTERSECTION OF THE SOUTHWESTERN SIDE OF THE RIGHT OF WAY OF STATE ROUTE 155 (A 100 FOOT RIGHT OF WAY) AND THE LAND LOT LINE COMMON TO LAND LOTS 195 AND 222, SAID DISTRICT AND COUNTY; RUNNING THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 584.66 FEET TO A POINT, SAID POINT BEING THE TRITE POINT OF BEGINNING; CONTINUING ALONG SAID COMMON LAND LOT LINE AND RUNNING THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 203.44 FEET TO AN IRON PIN FOUND; LEAVING SAID COMMON LAND LOT LINE AND RUNNING THENCE NORTH 26 DEGREES 03 MINUTES 48 SECONDS EAST A DISTANCE OF 195.50 FEET TO AN IRON PIN FOUND; RUNNING THENCE SOUTH 39 DEGREES 57 MINUTES 52 SECONDS EAST A DISTANCE OF 200.00 FEET TO AN IRON PIN PLACED; RUNNING THENCE SOUTH 26 DEGREES 03 MINUTES 48 SECONDS WEST A DISTANCE OF 24.86 FEET TO A POINT LOCATED ON THE LAND LOT LINE COMMON TO LAND LOTS 195 AND 222, SAID DISTRICT AND COUNTY, AND THE TRUE POINT OF BEGINNING; SAID PROPERTY CONTAINING 0.462 ACRES AND BEING KNOWN AS TRACT "A" ON INDIVIDUAL SURVEY PREPARED FOR MARY ROSS BENNETT BY JOE ROWAN, JR., GEORGIA RLS NO. 2404, DATED APRIL 7, 1999, WHICH REFERENCE IS MADE FOR THE PURPOSE OF INCORPORATING THE SAME AS A PART HEREOF FOR A MORE COMPLETE DESCRIPTION OF SUBJECT PROPERTY. AND ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 222 OF THE 11TH DISTRICT, HENRY COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWEST SIDE OF STATE HIGHWAY #155 A DISTANCE OF 389 FEET NORTHWESTERLY AS MEASURED ALONG THE CURVATURE IN THE SOUTHWESTERLY SIDE OF STATE HIGHWAY #155 FROM THE SOUTH LAND LOT LINE; THENCE SOUTH 50 DEGREES 15 MINUTES WEST A DISTANCE OF 465.5 FEET; THENCE NORTH 39 DEGREES 45 MINUTES WEST A DISTANCE OF 200 FEET; THENCE NORTH 50 DEGREES 15 MINUTES EAST A DISTANCE OF 465.5 FEET; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY SIDE OF STATE HIGHWAY #155 A DISTANCE OF 200 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 2.14 ACRES, MORE OR LESS, ACCORDING TO A PLAT PREPARED BY JOE ROWAN, JR., DATED JULY 8, 1966. Being the same property conveyed by fee simple deed from Valerie Beeson Lyles and Richard Lyles as set forth in Deed Book 8888, Page 279, dated December 29, 2005 and recorded January 26, 2006, Henry County records, State of Georgia and as conveyed by Warranty Deed from Bernice M. McGourk to Richard S. Lyles and Valerie Beeson Lyles dated October 19, 2004, filed November 4, 2004 in Deed Book 7561, Page 327, aforesaid 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 6641 Highway 155 N, Stockbridge, GA 30281, 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): Marie Leazard 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 The Bank of New York Mellon, successor to The Bank of New York, not in its individual capacity but solely as Trustee on behalf of the holders of the CIT Mortgage Loan Trust, 2007-1 Asset-Backed Certificates, Series 2007-1 as attorney in fact for Marie Leazard 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. FC20-188 40893-7/7,14,21,28,2021

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