Details for WHARTON FC19-237

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 Jon K. Wharton to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Custom Financial Services, dated July 6, 2006, and recorded in Deed Book 9385, Page 95, Henry County, Georgia records, as last transferred to HSBC Bank USA, N.A., as trustee, on behalf of the holders of the J.P. Morgan Alternative Loan Trust 2006-A7 Mortgage Pass-Through Certificates by Assignment recorded in Deed Book 16755, Page 61, Henry County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $102,400.00, 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 December, 2019, to wit: December 3, 2019, the following described property: All that tract or parcel of land, with house and all other improvements located thereon, lying and being in Land Lot 255 of the 7th District of Henry County, Georgia, being Unit 86 of Waterford Commons Townhomes, A Multi-Family Development, located in Henry County Georgia, as described and identified according to the plat entitled Final Plat of Waterford Commons, prepared by Mark A. Bucker, Registered Land Surveyor No. 2422, dated October 7, 2003 and last revised October 14, 2003. Recorded in Plat Book 38, Page 222-228, Henry County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof. Each conveyance made herein is made subject to the rights reserved by Grantor, its successors and/or assigns, as set forth in the Declaration of Covenants, Conditions and Restrictions for Waterford Commons Townhomes, as recorded in Deed Book 6660, Page 96, Henry County 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 616 Henni Circle, 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): Jon K. Wharton 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 HSBC Bank USA, N.A., as trustee, on behalf of the holders of the J.P. Morgan Alternative Loan Trust 2006-A7 Mortgage Pass-Through Certificates as attorney in fact for Jon K. Wharton 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. FC19-237 950-621113, 11/6,13,20,27