About The champion newspaper. (Decatur, GA) 19??-current | View Entire Issue (Nov. 21, 2019)
THE CHAMPION LEGAL SECTION, THURSDAY, NOVEMBER 21 - 27, 2019 Page 77 211 Perimeter Center Parkway, N.E., Suite 300 Atlanta, GA 30346 770-220-2535/JP shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. 420-430289 11/7,11/14 11/21,11/28jj NOTICE OF FORECLOSURE SALE UNDER POWER DEKALB COUNTY, GEORGIA Under and by virtue of the Power of Sale contained in a Security Deed given by Femi O. Adebayo to Mortgage Elec tronic Registration Systems, Inc., as grantee, as Nominee for SunTrust Mortgage, Inc., dated March 1, 2006, and re corded in Deed Book 18513, Page 459, Dekalb County, Georgia Records, as last trans ferred to SunTrust Bank by as signment recorded on March 19, 2019 in Book 27441 Page 540 in the Office of the Clerk of Superior Court of Dekalb County, Georgia Records, con veying the after-described property to secure a Note in the original principal amount of Two Hundred Four Thousand Seven Hundred Twenty and 0/100 dollars ($204,720.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Dekalb County, Georgia, within the leg al hours of sale on December 3, 2019, the following de scribed property: All that tract or parcel of land ly ing and being in Land Lot 96 of the 16th District, Dekalb County, Georgia being Lot 301, of The Gates of Southland Sub division, as per plat thereof re corded in Plat Book 128, page 40-43, Dekalb County, Georgia Records, which recorded plat is incorporated herein by refer ence and made a part of this description. The debt secured by said Se curity Deed 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 Se curity Deed. The debt remain ing in default, this sale will be made for the purpose of pay ing the same and all expenses of this sale, as provided in Se curity Deed and by law, includ ing attorney’s fees (notice of in tent to collect attorney’s fees having been given). The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: SunTrust Bank they can be contacted at (800) 443-1032 for Loss Mitigation Dept, or by writ ing to 1001 Semmes Avenue, Richmond, Virginia 23222, to discuss possible alternatives to avoid foreclosure. Said property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assess ments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of re cord superior to the Security Deed first set out above. To the best knowledge and be lief of the undersigned, the party in possession of the prop erty is Femi O. Adebayo or ten ants); and said property is more commonly known as 6235 Greenock Drive, Stone Mountain, GA 30087-6081. The sale will be conducted sub ject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the hold er of the security deed and (3) any right of redemption or oth er lien not extinguished by fore closure. SunTrust Bank as Attorney in Fact for Femi O. Adebayo. Brock & Scott, PLLC 4360 Chamblee Dunwoody Road Suite 310 Atlanta, GA 30341 404-789-2661 B&S file no.: ++19-69731/ADE- BAYO++ 420-430309 11/7,11/14,11/21 11/28jb NOTICE OF FORECLOSURE SALE UNDER POWER DEKALB COUNTY, GEORGIA THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY IN FORMATION OBTAINED WILL BE USED FOR THAT PUR POSE. Under and by virtue of the Power of Sale contained in a Security Deed given by D. Bates Mattison and Richard C. Mattison to Southtrust Mort gage Corporation, dated March 27,1997, and recorded in Deed Book 9379, Page 728, Dekalb County, Georgia Records, as last transferred to U.S. Bank Trust National Association, as trustee of the Igloo Series III Trust by assignment recorded in Deed Book 26514, Page 537 in the Office of the Clerk of Su perior Court of Dekalb County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of two hun dred thirty-seven thousand three hundred and 00/100 ($237,300.00), with interest thereon as set forth therein, there will be sold at public out cry to the highest bidder for cash before the courthouse door of Dekalb County, Geor gia, within the legal hours of sale on December 3, 2019, the following described property: ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN LAND LOT 238 OF THE 18TH DISTRICT OF DEKALB COUNTY, GEORGIA, BEING LOT 1, COOSAWATTE CREEK SUBDIVISION, AS PER PLAT RECORDED AT PLAT BOOK 90, PAGE 42, DEKALB COUNTY, GEORGIA RECORDS; WHICH PLAT IS HEREBY REFERRED TO AND MADE A PART OF THIS DE SCRIPTION; BEING IM PROVED PROPERTY KNOWN AS 1384 TUGALOO DRIVE, ACCORDING TO THE PRESENT SYSTEM OF NUM BERING IN DEKALB COUNTY, GEORGIA. The debt secured by said Se curity Deed 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 Se curity Deed. The debt remain ing in default, this sale will be made for the purpose of pay ing the same and all expenses of this sale, as provided in Se curity Deed and by law, includ ing attorney’s fees (notice of in tent to collect attorney’s fees having been given). Your mortgage servicer can be contacted at 800-327-7861 - Loss Mitigation Dept., or by writing to BSI Financial Ser vices (Servicer), 314 S. Frank lin Street, PO Box 517, Titus ville, PA 16354, to discuss pos sible alternatives to avoid fore closure. Said property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assess ments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of re cord superior to the Security Deed first set out above. To the best knowledge and be lief of the undersigned, the party in possession of the prop erty is D. Bates Mattison and Richard C. Mattison; or tenant(s); and said property is more commonly known as 1384 Tugaloo Drive, Atlanta, GA 30319 a/k/a 1384 Tugaloo Drive NE, Brookhaven, GA 30319. The sale will be conducted sub ject (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. U.S. Bank Trust National Asso ciation, as trustee of the Igloo Series III Trust as Attorney in Fact for ++D. Bates Mattison and Richard C. Mattison++. Bowen Quinn, P.A. 25400 US Hwy 19 N, Suite 150 Clearwater, FL 33763 Phone: (727) 474-9603 eservice@bowenquinn.com kmiller@bowenquinn.com By: Isl Erin M. Rose Quinn Erin M. Rose Quinn, Esq. Georgia Bar Number 547833 420-430435 11/14,11/21 11/28jj NOTICE OF DEFAULT AND FORECLOSURE SALE STATE OF GEORGIA COUNTY OF DEKALB WHEREAS, on June 1,2009, a certain Adjustable Rate Home Equity Conversion Security Deed was executed by Laurence P. Danckaert as grantor in favor of Mortgage Electronic Registration Sys tems, Inc. as nominee for Sun West Mortgage Company, Inc. as grantee and was recorded on June 15, 2009, in Deed Book 21493, Page 87 in the Of fice of the Clerk of Superior Court, Dekalb County, Georgia; and WHEREAS, the Adjustable Rate Home Equity Conversion Security Deed was insured by the United States Secretary 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 Adjustable Rate Home Equity Conversion Security Deed is now owned by the Secretary, pursuant to an assignment recorded on September 6, 2017 and recor ded in Deed Book 26473, Page 718, 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, was not made and remains wholly un paid as of the date of this no tice, and no payment has been made sufficient to restore the loan to currency; and WHEREAS, the entire amount delinquent as of December 3 : 2019 is $150,325.00 plus fees and costs; and WHEREAS, by virtue of this de fault, the Secretary has de clared the entire amount of the indebtedness secured by the Adjustable Rate Home Equity Conversion Security Deed to be immediately due and pay able; NOW THEREFORE, pursuant to powers vested in me by the Single Family Mortgage Fore closure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR Part 27, subpart B, and by the Sec retary's designation of me as Foreclosure Commissioner, re corded on August 22, 2019 in Book 27747, Page 542, notice is hereby given that on Decem ber 3, 2019 at 10:30AM local time, all real and personal prop erty at or used in connection with the following described premises ("Property") will be sold at public auction to the highest bidder: ALL THAT TRACT AND PAR CEL OF LAND LYING AND BEING IN LAND LOT 122 OF THE 18TH DISTRICT OF DEKALB COUNTY, GEORGIA. BEING LOT 2, BLOCK K. PARK MANOR SUBDIVISION. SECTION 4, ACCORDING TO PLAT RECORDED IN PLAT BOOK 51, PAGE 70, DEKALB COUNTY RECORDS, WHICH REFERENCE IS MADE FOR THE PURPOSE OF INCOR PORATING THE SAME AS A PART HEREIN. APN: 18-122- 09-004 Commonly known as: 1311 Ginger Wood Drive, Stone Mountain, Georgia 30083 The sale will be held at the Dekalb County Courthouse. The Secretary of Housing and Urban Development will bid $150,325.00 plus fees & costs. There will be no proration of taxes, rents or other income or liabilities, except that the pur chaser will pay, at or before closing, his prorated 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 bid ders except the Secretary must submit a deposit totaling $15,033.00 in the form of a cer tified check or cashier's check made out to the Secretary of HUD. Each oral bid need not be accompanied by a deposit. If the successful bid is oral, a deposit of $15,033.00 must be presented before the bidding is closed. The deposit is nonre- fundable. The remainder of the purchase price must be de livered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time be ing of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier’s check. If the Secretary is the high bid der, he need not pay the bid amount in cash. The success ful bidder will pay all conveyan cing fees, all real estate and other taxes that are due on or after the delivery of the re mainder of the payment and all other costs associated with the transfer of title. At the conclu sion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an ex tension of time within which to deliver the remainder of the payment. All extensions will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashiers check made payable to the Secretary of HUD. If the high bidder closes the sale pri or to the expiration of any ex tension period, the unused por tion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the re quired period, or within any ex tensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner after consultation with the HUD Field Office representative, will be li able to HUD for any costs in curred as a result of such fail ure. The Commissioner may, at the direction of the HUD Field Office representative, 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 sub sequent to a foreclosure com pleted pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guaran tee that the property will be va cant. The scheduled foreclosure sale shall be cancelled or ad journed if it is established, by documented written application of the mortgagor to the Fore closure Commissioner not less than 3 days before the date of sale, or otherwise, that the de fault or defaults upon which the foreclosure is based did not ex ist at the time of service of this notice of default and foreclos ure sale, or all amounts due un der the mortgage agreement are tendered to the Foreclos ure Commissioner, in the form of a certified or cashier's check payable to the Secretary of HUD, before public auction of the property is completed. The amount that must be paid if the Mortgage is to be rein stated prior to the scheduled sale is $150,325.00 plus fees and costs as of December 3, 2019 plus all other amounts that would be due under the mortgage agreement if pay ments under the mortgage had not been accelerated, advert ising costs and postage ex penses incurred in giving no tice, mileage by the most reas onable road distance for post ing notices and for the Fore closure Commissioner's attend ance 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 recording documents, a com mission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to re instatement. Tender of payment by certified or cashier's check or applica tion for cancellation of the fore closure sale shall be submitted to the address of the Foreclos ure Commissioner provided be low. Shelton Law LLC, FORE CLOSURE COMMISSIONER 3631 Chamblee Tucker Road, Suite A-283, Atlanta, GA 30341; 877-565-7708; shelton- lawyer.com; File No, 19HUD.00021/DANCKAERT *THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY IN FORMATION OBTAINED WILL BE USED FOR THAT PUR POSE. ++19HUD.00021/DANCK AERT/ 1311 Ginger Wood Drive++ 420-430547 11/21,11/28,12/5 12/12,12/19,12/26,1/2JJ STATE OF GEORGIA COUNTY OF DEKALB NOTICE OF SALE UNDER POWER Because of a default under the terms of the Security Deed ex ecuted by Gail Robinson to Stone Mountain Mortgage, Inc. dated December 24,1997, and recorded in Deed Book 9767, Page 76, DeKalb County Re cords, said Security Deed hav ing been last sold, assigned, transferred and conveyed to Bank of America, National As sociation, securing a Note in the original principal amount of $89,900.00, the holder thereof pursuant to said Deed and Note thereby secured has de clared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, Janu ary 7, 2020, during the legal hours of sale, before the Court house door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: All that tract or parcel of Land lying and being in Land Lot 38 of the 16th District of DeKalb County, Georgia, and being Lot 156, Scarbrough Square Subdi vision, as per plat thereof recor ded in Plat Book 79, Page 116, DeKalb County, Georgia and being improved property de scribed as #1975 Overton Trail, according to the present sys tem of numbering houses in DeKalb County, Georgia. Said property is known as 1975 Overton Trail, Stone Mountain, GA 30088, together with all fix tures and personal property at tached to and constituting a part of said property, if any. Said property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing au thority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, li ens, encumbrances, zoning or dinances, restrictions, coven ants, and matters of record su perior to the Security Deed first set out above. The proceeds of said sale will be applied to the payment of said indebtedness and all ex penses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law. The sale will be conducted sub ject (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 secured creditor. The property is or may be in the possession of Gail Robin son, successor in interest or tenant(s). Bank of America, N.A as Attor- ney-in-Fact for Gail Robinson ++File no. 18-676189/ROBIN- SON++ SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 211 Perimeter Center Parkway N.E., Suite 300 Atlanta, GA 30346 770-220-2535/CH shapiroandhasty.com *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. 420-430548 11/21,12/12,12/19 12/26,1/2JJ STATE OF GEORGIA COUNTY OF DeKalb NOTICE OF SALE UNDER POWER Pursuant to the power of sale contained in the Security Deed executed by NESHANTA JOHNSON to BANK OF AMERICA, NA in the original principal amount of $114,720.00 dated February 20, 2008 and recorded in Deed Book 20667, Page 131, DeKalb County records, said Security Deed being last transferred to GREEN TREE SERVICING LLC in Deed Book 23866, Page 533, DeKalb County records, the undersigned will sell at pub lic outcry to the highest bidder for cash, before the Court house door in said County, or at such other place as lawfully designated, within the legal hours of sale, on January 07, 2020, the property in said Se curity Deed and described as follows: ALL THAT TRACT OR PAR CEL OF LAND, LYING AND BEING IN LAND LOT 9 OF THE 16TH DISTRICT OF DEKALB COUNTY, BEING BUILDING 19, UNIT 121, LONGVIEW WALK CON DOMINIUM AS PER PLAT RE CORDED IN PLAT BOOK 181, PAGE 40, DEKALB COUNTY, GEORGIA RECORDS, SUB JECT TO THAT CERTAIN DE- CLATATION OF CONDOMINI UM FOR LONGVIEW WALK CONDOMINIUM, FILED FOR RECORD ON OCTOBER 12, 2006, AND RECORDED AT DEED BOOK 19253, PAGE 1, WHICH DECLARATION MAY BE AMENDED FROM TIME TO TIME AND WHICH TERMS AND CONDITIONS ARE IN CORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE Said property being known as: 2662 AVANTI WAY 121, DEC ATUR, GA 30035 To the best of the undersigned’s knowledge, the party or parties in possession of said property is/are NE SHANTA JOHNSON or tenant(s). The debt secured by said Se curity Deed has been and is hereby declared due and pay able because of, among other possible events of default, fail ure to pay the indebtedness as provided for in the Note and said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all ex penses of sale, including attor ney's fees (notice of intent to collect attorney’s fees having been given). Said property will be sold sub ject to the following: (1) any outstanding ad valorem taxes (including taxes which are a li en, whether or not yet due and payable); (2) the right of re demption of any taxing author ity; (3) any matters which might be disclosed by an accurate survey and inspection of the property; and (4) any assess ments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of re cord superior to the Security
