Newspaper Page Text
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The Champion Legal Section, Thursday, June 18, 2015 www.thechampionnewspaper.com
merger to Wachovia Bank, National
Association as Attorney-in-Fact for
Ahmed N. Isse
File no. ++15-052938 ISSE++
SHAPIRO, SWERTFEGER &
HASTY, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770) 220-2535/KMM
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR. ANY INFORM
ATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
420-371815 6/18,6/25,7/2WG
NOTICE OF DEFAULT AND
FORECLOSURE SALE
WHEREAS, on March 2, 2004, a cer
tain Security Deed was executed by
Helen Bond a/k/a Helen M. Bond as
grantor in favor Financial Freedom
Senior Funding Corporation, a Sub-
sidary of Lehman Brothers Bank,
FSB as grantee and was recorded on
March 10, 2004 in Deed Book 15893,
Page 442 and re-recorded in Book
22345, Page 98 in the Office of the
Clerk of Superior Court, DeKalb
County, Georgia; and
WHEREAS, the Security Deed was
insured by the United State Secret
ary of Housing and Urban Develop
ment (the Secretary) pursuant to the
National Housing Act for the purpose
of providing single family housing;
and;
WHEREAS, the Security Deed is now
owned by the Secretary, pursuant to
an assignment recorded on Septem
ber 2, 2008 in Deed Book 21038,
Page 627, in the Office of the Clerk of
Superior Court, DeKalb County,
Georgia; and
WHEREAS, a default has been made
in the covenants and conditions of
the Mortgage in that the payment due
was not made and remains wholly
unpaid as of the date of this notice,
and no payment has been made suf
ficient to restore the loan to currency;
and
WHEREAS, the entire amount delin
quent as of April 29, 2015 is
$30,700.00 plus fees and costs; and
WHEREAS, by virtue of this default,
the Secretary has declared the entire
amount of the indebtedness secured
by the Security Deed to by immedi
ately due and payable;
NOW THEREFORE, pursuant to
powers vested in me by the Single
Family Mortgage Foreclosure Act of
1994, 12 U.S.C. 3751 et seq., by 24
CFR Part 27, subpart B, and by the
Secretary’s designation of me as
Foreclosure Commissioner, recorded
on October 13, 2011 in Book 22678,
Page 468, notice is hereby given that
on July 7, 2015 at 1:00 pm local time,
all real and personal property at or
used in connection with the following
described premises (“Property”) will
be sold at public auction to the
highest bidder:
ALL THAT TRACT or parcel of land
lying and being in Land Lot 196 of the
15th District of DeKalb County, Geor
gia, being Lot 4, Block C, Pendley
Hills Subdivision, Unit 1, as per plat
of same recorded at Plat Book 23,
Page 111, DeKalb County, Georgia
records. Said plat of hereby incorpor
ated and referenced to for a more
complete description.
Commonly known as: 1380 Margar-
ette Drive, Decatur, GA 30035
The sale will be held at the DeKalb
County Courthouse. The Secretary of
Housing and Urban Development will
bid $30,700.00 plus fees & costs.
There will be no proration of taxes,
rents or other income or liabilities, ex
cept that the purchaser will pay, at or
before closing, his prorate share of
any real estate taxes that have been
paid by the Secretary to the date of
the foreclosure sale.
When making their bids, all bidders
except the Secretary must submit a
deposit totaling $3,700.00 in the form
of a certified check or cashier’s check
made out to the Secretary of HUD.
Each oral bid need not be accompan
ied by a deposit. If the successful bid
is oral, a deposit of $0.00 must be
presented before the bidding is
closed. The deposit is nonrefundable.
The remainder of the purchase price
must be delivered within 30 days of
the sale or at such other time as the
Secretary may determine for good
cause shown, time being of the es
sence. This amount, like the bid de
posits, must be delivered in the form
of a certified or cashier’s check. If the
Secretary is the high bidder, he need
not pay the bid amount in cash. The
successful bidder will pay all convey
ancing fees, all real estate and other
taxes that are due on or after the de
livery of the remainder of the pay
ment and all other costs associated
with the transfer of title. At the con
clusion of the sale, the deposits of
the unsuccessful bidders will be re
turned to them.
The Secretary may grant an exten
sion of time within which to deliver
the remainder of the payment. All ex
tensions will be for 15-day incre
ments for a fee of $500.00, paid in
advance. The extension fee shall be
in the form of a certified or cashier's
check made payable to the Secret
ary of HUD. If the high bidder closes
the sale prior to the expiration of any
extension period, the unused portion
of the extension fee shall be applied
toward the amount due.
If the high bidder is unable to close
the sale within the required period, or
within any extensions of time gran
ted by the Secretary, the high bidder
may be required to forfeit the cash
deposit or, at the election of the fore
closure commissioner after consulta
tion with the HUD Field Office repres
entative, will be liable to HUD for any
costs incurred as a result of such fail
ure.
The Commissioner may, at the direc
tion of the HUD Field Office repres
entative, offer the Property to the
second highest bidder for an amount
equal to the highest price offered by
that bidder.
There is no right of redemption, or
right of possession based upon a
right of redemption, in the mortgage
or others subsequent to a foreclos
ure completed pursuant to the Act.
Therefore, the Foreclosure Commis
sioner will issue a Deed to the pur
chaser (s) upon receipt of the entire
purchase price in accordance with
the terms of the sale as provided
herein. HUD does not guarantee that
the property will be vacant.
The scheduled foreclosure sale shall
be cancelled or adjourned if it is es
tablished, by documented written ap
plication of the mortgagor to the
Foreclosure Commissioner not less
than 3 days before the date of sale,
or otherwise, that the default or de
faults upon which the foreclosure is
based did not exist at the time of ser
vice of this notice of default and fore
closure sale, or all amounts due un
der the mortgage agreement are
tendered to the Foreclosure Commis
sioner, in the form of a certified or
cashier’s check payable to the Sec
retary of HUD, before public auction
of the property is completed.
The amount that must be paid if the
Mortgage is to be reinstated prior to
the scheduled sale is $30,700.00
plus fees and costs as of April 29,
2015 plus all other amounts that
would be due under the mortgage
agreement if payments under the
mortgage had not been accelerated,
advertising costs and postage ex
penses incurred in giving notice,
mileage by the most reasonable road
distance for posting notices and for
the Foreclosure Commissioner’s at
tendance at the sale, reasonable and
customary costs incurred for title and
lien record searches, the necessary
out-of-pocket costs incurred by the
Foreclosure Commissioner for re
cording documents, a commission for
the Foreclosure Commissioner, and
all other costs incurred in connection
with the foreclosure prior to reinstate
ment.
Tender of payment by certified or
cashier’s check or application for can
cellation of the foreclosure sale shall
be submitted to the address of the
Foreclosure Commissioner provided
below.
Shapiro, Swertfeger & Hasty, LLP
Philip A. Hasty
FORECLOSURE COMMISSIONER
2872 Woodcock Blvd.
Suite 100
Atlanta, GA 30341-3941
SSH #++10-013968 BOND++
420-371821 6/11,6/18,6/25,7/2WG
NOTICE OF SALE UNDER POWER
GEORGIA, DEKALB COUNTY
By virtue of a Power of Sale con
tained in that certain Security Deed
from BETTY SHARPE to JAMES B.
NUTTER & COMPANY dated June
29, 2009, recorded in Deed Book
21533, Page 491, DEKALB County,
Georgia Records, said Security Deed
having been given to secure a Note
of even date in the original principal
amount of TWO HUNDRED TWO
THOUSAND FIVE HUNDRED AND
00/100 DOLLARS (U.S. $202,500.00)
with interest thereon as provided for
therein, there will be sold at public
outcry to the highest bidder for cash
before the courthouse door of
DEKALB County, Georgia, within the
legal hours of sale on the first Tues
day in JULY, 2015 the following de
scribed property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 198 OF THE 15TH DISTRICT,
DEKALB COUNTY, GEORGIA, BE
ING LOT 6, BLOCK B, PEACH-
CREST SUBDIVISION, AS PER
PLAT RECORDED IN PLAT BOOK
60, PAGE 23, DEKALB COUNTY,
GEORGIA RECORDS, WHICH RE
CORDED PLAT IS INCORPOR
ATED HEREIN BY THIS REFER
ENCE AND MADE A PART OF THIS
DESCRIPTION. SAID PROPERTY
BEING KNOWN AS 3524 JACKSON
DRIVE ACCORDING TO THE
PRESENT
SYSTEM OF NUMBERING PROP
ERTY IN DEKALB COUNTY, GEOR
GIA.
The indebtedness secured by said
Security Deed has been and is
hereby declared due because of de
fault under the terms of said Security
Deed and Note, including but not lim
ited to the nonpayment of the in
debtedness as and when due. The
indebtedness remaining in default,
this sale will be made for the pur
pose of paying the same, all ex
penses of the sale, including
attorney's fees and all other pay
ments provided for under the terms of
the Security Deed and Note.
Said property will be sold subject to
the following items which may affect
the title to said property: all zoning or
dinances; matters which would be
disclosed by an accurate survey or
by an inspection of the property; any
outstanding taxes, including but not
limited to ad valorem taxes, which
constitute liens upon said property;
special assessments; all outstanding
bills for public utilities which consti
tute liens upon said property; all re
strictive covenants, easements,
rights-of-way and any other matters
of record superior to said Security
Deed.
James B. Nutter & Company, 4153
Broadway, Kansas City, Missouri
64111, telephone number (816)531-
5642 as the secured creditor is the
entity that has full authority to negoti
ate, amend, and modify all terms of
the mortgage with the debtor.
Please understand that the secured
creditor is not required by law to ne
gotiate, amend or modify the terms of
the mortgage instrument. Notice has
been given of intention to collect at
torneys fees in accordance with the
terms of the note secured by said
Deed.
To the best knowledge and belief of
the undersigned, the party in posses
sion of the property is BETTY
SHARPE or a tenant or tenants, and
said property is more commonly
known as:
3524 Jackson Drive, Decatur,
Georgia 30032.
The sale will be conducted subject
(1) to confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code and (2) to final confirmation
and audit of the status of the loan
with the holder of the Security Deed.
JAMES B. NUTTER & COMPANY
as Attorney in Fact for
BETTY SHARPE
Contact: Bonny Powell
Perrie & Associates, LLC
100 Galleria Pkwy., N.W.
Suite 1170
Atlanta, GA 30339
(678) 501-5777
File No.: ++2014-0182 SHARPE++
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT OR TO EN
FORCE THE TERMS AND CONDI
TIONS OF THE SECURITY DEED.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
420-371828 6/11,6/18,6/25,7/2wg
NOTICE OF SALE UNDER POWER
By virtue of the power of sale con
tained in a Deed to Secure Debt from
Peggy Lynn Sutton to National City
Bank filed April 12, 2006 in Deed
Book 18604, Page 147, DeKalb
Georgia records, conveying the after
described property to secure a Note
in the original principal amount of
$35,000.00, with interest thereon as
set forth therein, last transferred to
NYI Finance, LLC by Assignment
filed for record in Deed Book 24134,
Page 790, DeKalb County, Georgia
records, there will be sold at a public
outcry to the highest bidder for cash
before the Courthouse door of
DeKalb County, Georgia, between
the legal hours of sale on the first
Tuesday in July, 2015, by NYI Fin
ance, LLC as Attorney-in-Fact for
Peggy Lynn Sutton, the following
property to-wit:
All that tract or parcel of land lying
and being in Land Lot 61 of the 18th
District, DeKalb County, Georgia, be
ing Lot 40, Block B, Section 6 of Uni
versity Heights Subdivision, as per
plat thereof recorded in Plat Book 21,
Page 31, DeKalb County Georgia Re
cords, which recorded plat is incor
porated herein by reference and
made a part of this description.
The above described property is also
known as 878 Scott Circle, Decatur
GA 30033; however please rely only
on the above legal description for loc
ation of the property. If the property
contains multiple lots or parcels, the
undersigned reserves the right to sell
the property or any portion thereof in
separate lots, parcels or as a whole.
The indebtedness secured by said
Deed to Secure Debt having been
declared due and payable because of
among other possible events of de
fault, failure to pay indebtedness as
and when due pursuant to said Deed
to Secure Debt and Note. The debt
remaining in default, this sale will be
made for the purposes of paying the
same and all expenses of sale, in
cluding attorney’s fees, if applicable.
The property will be sold as the prop
erty of Peggy Lynn Sutton, subject to
the following: all prior restrictive cov
enants, easements, rights-of-way, se
curity deeds or other encumbrances
of record; all valid zoning ordinances;
matters which would be disclosed by
an accurate survey of the property or
by any inspection of the property; all
outstanding taxes, assessments, un
paid bills, charges and expenses that
are a lien against the property wheth
er due and payable or not yet due
and payable.
This sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code and (2) to final confirmation
and audit as to the amount and
status of the loan with the holder of
the Security Deed.
Pursuant to O.C.G.A. Sec. 44-14-
162.2, the name, address and tele
phone number of the individual or en
tity who shall have the full authority to
negotiate, amend or modify all terms
of the above described mortgage is
as follows:
NYI Finance, LLC
770 River Rd. Suite 706
Edgewater, NJ 07020
551-333-9072
The foregoing notwithstanding, noth
ing in O.C.G.A. Sec. 44-14-162.2
shall be construed to require NYI Fin
ance, LLC to negotiate, amend or
modify the terms of the Deed to Se
cure Debt described herein.
NYI Finance, LLC
As Attorney-in-Fact for
Peggy Lynn Sutton
O’KELLEY & SOROHAN
ATTORNEYS AT LAW, LLC
Brian S. Goldberg
2170 Satellite Blvd., Ste. 375
Duluth, GA 30097
(770) 622-2662
File No. ++L003719 SUTTON++
THIS COMMUNICATION IS FROM A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT; ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
HOWEVER, IF THE DEBT IS IN
ACTIVE BANKRUPTCY OR HAS
BEEN DISCHARGED THROUGH
BANKRUPTCY, THIS COMMUNICA
TION IS NOT INTENDED AS AND
DOES NOT CONSTITUTE AN AT
TEMPT TO COLLECT A DEBT.
420-371844 6/11,6/18,6/25,7/2wg
NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of
Sale contained in a Security Deed
from GAIL V. JONES, to Mortgage
Electronic Registration Systems, Inc.,
as nominee for Residential Finance
Corp., An Ohio Corporation, dated
August 26, 2008, and recorded on
September 3, 2008, in DEED BOOK
21027, PAGE 5 of the DeKalb
County, Georgia Records, as last as
signed to PLANET HOME LENDING,
LLC (Secured Creditor), conveying
the after-described property to se
cure a Note in the original principal
amount of ONE HUNDRED
TWENTY-EIGHT THOUSAND ONE
HUNDRED FORTY-SIX Dollars and
00/100 ($128,146.00) with interest
thereon as set forth therein, there will
be sold at public outcry to the highest
bidder for cash before the court
house door of DeKalb County, Geor
gia, within the legal hours of sale on
the first TUESDAY in JULY, 2015,
the following described property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 91 OF THE 16TH DISTRICT OF
DEKALB COUNTY, GEORGIA, BE
ING LOT 12 OF VICTORIAN ES
TATES, AS PER PLAT RECORDED
IN PLAT BOOK 81, PAGE 20,
DEKALB COUNTY, GEORGIA RE
CORDS; SAID PLAT IS INCORPOR
ATED HEREIN BY REFERENCE
FOR A MORE COMPLETE AND AC
CURATE DESCRIPTION.
The indebtedness secured by said
Security Deed has been and is
hereby declared due and payable be
cause of, among other possible
events of default, non-payment of the
monthly installments as required by
said Note and Security Deed. The
debt remaining in default, this sale
will be made for the purpose of pay
ing the same and all expenses of this
sale, as provided in the Security
Deed and by law, including attorney's
fees (notice of intent to collect attor
ney's fees having been given) and all
other payments provided for under
the terms of the Security Deed and
Note.
Said property will be sold subject to
any outstanding ad valorem taxes (in
cluding taxes which are a lien, but not
yet due and payable), any matters
which might be disclosed by an ac
curate survey and inspection of the
property, any assessments, liens, en
cumbrances, zoning ordinances, re
strictions, covenants, and matters of
record superior to the Security Deed
first set out above.
The sale will be conducted subject
(1) to confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code and (2) to final confirmation
and audit of the status of the loan
with the holder of the security deed.
The entity that has full authority to
negotiate, amend, and modify all
terms of the mortgage with the debt
or is: Planet Home Lending, LLC, 321
Research Parkway, Suite 303, Me
riden, CT 06450, 866-882-8187.
Please understand that the secured
creditor is not required to negotiate,
amend, or modify the terms of the
mortgage instrument.
To the best of the undersigned's
knowledge and belief, said property
is also known as 2056 Hilda Burns
PI., Lithonia, Georgia 30058, and
the party in possession of the prop
erty is Gail V. Jones or a tenant or
tenants of said property.
PLANET HOME LENDING, LLC
As Attorney-in-Fact for
++GAILV. JONES++
SOLOMON | BAGGETT, LLC
40 Technology Parkway South,
Suite 202
Norcross, Georgia 30092
(678) 243-2512
THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
420-371850 6/11,6/18,6/25,7/2wg
Notice of Sale Under Power
Georgia, DeKalb County
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by Jerome Stroud to
EquiCredit, dated January 29, 2001,
and recorded in Deed Book 11852,
Page 597, DeKalb County, Georgia
records, as last transferred to The
Bank of New York Mellon, fka The
Bank of New York, as Trustee for the
holders of the EQCC Asset Backed
Certificates, Series 2001-1F by As
signment recorded in Deed Book
24603, Page 353, Dekalb County,
Georgia records, conveying the after-
described property to secure a Note
of even date in the original principal
amount of $86,250.00, 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
DeKalb County, Georgia, within the
legal hours of sale on the first Tues
day in July, 2015, to wit: July 7, 2015,
the following described property:
All that tract or parcel of land lying
and being in Land Lot 109 of the 15th
District of Dekalb County, Georgia,
being Lot 7, Block H, Subdivision of
Pine Forest Estates, Unit 2, as per
plat recorded in Plat Book 30, Page
163, Dekalb County Records, being
improved property known as 1762
Wee Kirk Road, according to the
present system of number houses in
Dekalb County and being that same
property conveyed by Deborah P.
Stroud to Jerome Stroud by Quit
Claim Deed dated November 3,1976
and recorded in Deed Book 5762,
Page 472, Dekalb County Records,
GA.
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because of, among oth
er 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 at
torney’s fees (notice of intent to col
lect attorney’s fees having been giv
en).
Said property is commonly known as
1762 Wee Kirk Road, Atlanta, GA
30316, 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): Jerome Stroud 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 re
cord 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 pro
cedures regarding the rescission of
judicial and nonjudicial sales in the
State of Georgia, the Deed Under
Power and other foreclosure docu
ments 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 author
ity to negotiate, amend and modify all
terms of the mortgage with the debt
or is:
Select Portfolio Servicing, Inc.
Attention: Loss Mitigation Department
3815 South West Temple
Salt Lake City, Utah 84115
1-888-818-6032
The foregoing notwithstanding, noth
ing in O.C.G.A. Section 44-14-162.2
shall be construed to require the se
cured creditor to negotiate, amend or
modify the terms of the Deed to Se
cure Debt described herein.
This sale is conducted on behalf of
the secured creditor under the power
of sale granted in the aforemen
tioned security instrument, specific
ally being The Bank of New York Mel
lon, fka The Bank of New York, as
Trustee for the holders of the EQCC
Asset Backed Certificates, Series
2001-1F
as attorney in fact for
++FC14-181 Jerome Stroud++
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 IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
420-371851 6/11,6/18,6/25,7/2wg
Notice of Sale Under Power
Georgia, DeKalb County
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by Eric V. Robinson and
Tammie Robinson to American
Equity Mortgage, Inc., dated June 30,
2006, and recorded in Deed Book
18932, Page 349, DeKalb County,
Georgia records, as last transferred
to Deutsche Bank National Trust
Company, as Trustee in trust for the
registered holders of Morgan Stanley
ABS Capital I Inc. Trust 2007-HE1,
Mortgage Pass-Through Certificates,
Series 2007-HE1 by Assignment re
corded in Deed Book 24737, Page
544, Dekalb County, Georgia re
cords, conveying the after-described
property to secure a Note of even
date in the original principal amount
of $111,000.00, with interest at the
rate specified therein, there will be
sold by the undersigned at public out
cry to the highest bidder for cash be
fore the Courthouse door of DeKalb
County, Georgia, within the legal
hours of sale on the first Tuesday in
July, 2015, to wit: July 7, 2015, the
following described property:
All that tract or parcel of land lying
and being in Land Lot 61, 16th Dis
trict, Dekalb County, Georgia, being
Lot 19, Block A, Circlestone, Unit I,
as per plat recorded in Plat Book 73,
Page 56, Dekalb County, Georgia re
cords, which plat is incorporated
herein and made a part hereof by ref
erence.
Together with all of the appurten
ances belonging to the above de
scribed lot in and to all common
areas, alleys, and other public or
private ways adjacent thereto or
serving the same, including all rights,
privileges and options accorded to
the owner of the above described lot
under that certain Declaration of Cov
enants, Conditions, Restrictions and
Easements for Circlestone Com
munity, dated October 8, 1980 and
recorded in Deed Book 4404, Page
129, Dekalb County, Georgia Re
cords, as now or hereafter amended.
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because of, among oth
er 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 at
torney’s fees (notice of intent to col
lect attorney’s fees having been giv
en).
Said property is commonly known as
1598 Circlestone Drive, Stone
Mountain, GA 30088, together with
all fixtures and personal property at
tached 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): Eric V.
Robinson and Tammie Robinson 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 re
cord 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 pro
cedures regarding the rescission of
judicial and nonjudicial sales in the
State of Georgia, the Deed Under
Power and other foreclosure docu
ments 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 author
ity to negotiate, amend and modify all
terms of the mortgage with the debt
or is:
Select Portfolio Servicing, Inc.
Attention: Loss Mitigation Department
3815 South West Temple
Salt Lake City, Utah 84115
1-888-818-6032
The foregoing notwithstanding, noth
ing in OC.G.A. Section 44-14-162.2
shall be construed to require the se
cured creditor to negotiate, amend or
modify the terms of the Deed to Se
cure Debt described herein.
This sale is conducted on behalf of
the secured creditor under the power
of sale granted in the aforemen
tioned security instrument, specific
ally being
Deutsche Bank National Trust Com
pany, as Trustee in trust for the re
gistered holders of Morgan Stanley
ABS Capital I Inc. Trust 2007-HE1,
Mortgage Pass-Through Certificates,
Series 2007-HE1
as attorney in fact for
++FC14-217 Eric V. Robinson and
Tammie Robinson++
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 IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.