About Fayette County news. (Fayetteville, GA) 2009-current | View Entire Issue (July 5, 2023)
Fayette County News Legals & Classified Notices 1B Wednesday, July 5, 2023 Deadline: Each Friday by 10 a.m. 770-461-6317 legals@fayette-news.com FORECLOSURES NOTICE OF SALE UNDER POWER GEORGIA, FAYETTE COUNTY By virtue of a Power of Sale con tained in that certain Security Deed from CAROLINE K. CHARLES TON to Mortgage Electronic Reg istration Systems, Inc. as grantee, as nominee for Novastar Mort gage, Inc., dated August 26, 2005, recorded September 2, 2005, in Deed Book 2849, Page 316, Fayette County, Georgia Records, said Se curity Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Twenty-Nine Thousand Three Hundred Ninety-Two and 00/100 dollars ($229,392.00), with interest thereon as provid ed for therein, said Security Deed having been last sold, assigned and transferred to Deustsche Bank Na tional Trust Company as Trustee for Soundview Home Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4 , there will be sold at public outcry to the highest bid der for cash at the Fayette County Courthouse, within the legal hours of sale on the first Tuesday in Au gust, 2023, all property' described in said Security Deed including but not limited to the following de scribed property': ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 13 OF THE 7TH DIS TRICT, FAYETTE COUNTY GEOR GIA, BEING 46, YATES CROSSING SUBDIVISION PHASE ONE, AS PER RECORDED IN PLAT BOOK 20, PAGE 52, FAYETTTE COUNTY, GEORGIA RECORDS. Said legal description being con trolling, however the property is more commonly known as 130 BLACKBERRY RUN, FAY ETTEVILLE, GA 30214. The indebtedness secured by said Security Deed has been and is here by' declared due because of default under the terms of said Security Deed. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including at torney's' fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed. Said property will be sold on an “as-is” basis without any represen tation, warranty or recourse against the above-named or the under signed. The sale will also be subject to the following items which may af fect the title: any outstanding ad va lorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemp tion of any taxing authority; matters which would be disclosed by an ac curate survey or by an inspection of the property'; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security' Deed. To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is CAROLINE K. CHARLESTON, or tenants(s). 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 sta tus of the loan with the holder of the Security Deed. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Select Portfolio Servicing, Inc., Loss Miti gation Dept., 3217 S. Decker Lake Dr., Salt Lake City, UT 84119, Tele phone Number: 888-818-6032. Nothing in O.C.G.A Section 44-14- 162.2 shall be construct! to require a secured creditor to negotiate, amend, or modify the terms of the mortgage instrument. DEUSTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2005-4, ASSET-BACKED CERTIFICATES, SERIES 2005-4 as Attorney in Fact for CAROLINE K. CHARLESTON THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IFSO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lublin, LLC, 3145 Avalon Ridge Place, Suite loo, Peachtree Cornel's, GA 30071 Telephone Number: (877) 813-0992 Case No. SPS-15-01442-12 07/05,12,19,26 NOTICE OF SALE UNDER POWER FAYETTE COUNTY Pursuant to the Power of Sale con tained in a Security Deed given by Chanel Soriano to Mortgage Elec tronic Registration Systems, Inc., as grantee, as nominee for Equity Prime Mortgage,LLC, its succes sors and assigns dated 12/3/2020 and recorded in Deed Book 5170 Page 226 Fayette County, Georgia records; as last transferred to or acquired by Wilmington Savings Fund Society, FSB, as trustee of Stanwich Mortgage Loan Trust F, conveying the after-described property to secure a Note in the original principal amount of $214,051.00, 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 Fayette County, Georgia (or such other area as designated by Order of the Superior Court of said coun ty’), within the legal hours of sale on August 1, 2023 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednes day of said month), the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 228 OF THE STH DISTRICT, FAYETTE COUNTY, GEORGIA, BEING LOT 8, BLOCK A, UNIT TWO OF ASHLEY PARK SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 62, FAYETTE COUNTY, GEORGIA RECORDS, WHICH RECORDED PLAT IS IN CORPORATED HEREIN BY REF ERENCE AND MADE A PART OF THIS DESCRIPTION. The debt secured by said Security' Deed has been and is hereby de clared 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 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 attor ney’s fees (notice of intent to collect attorney’s fees having been given). Said property' is commonly known as 125 Ashley Drive, Fayetteville, GA 30214 together with all fixtures and personal property attached to and constituting a part of said prop erty', if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Chanel So riano or tenant or tenants. Carrington Mortgage Services, LLC is the entity or individual designat ed who shall have full authority to negotiate, amend and modify all terms of the mortgage. Carrington Mortgage Services, LLC 1600 South Douglass Road Suite 200- A Anaheim, CA 92806 (800) 561-4567 Note, however, that such entity or individual is not required by law to negotiate, amend or modify’ the terms of the loan. Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and pay'able), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the prop erty, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and mat ters of record superior to the Secu rity Deed first set out above. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bank ruptcy Code; and (2) final confirma tion 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 non-judicial sales in the State of Georgia, the Deed Un der Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. Wilmington Savings Fund Society, FSB, as trustee of Stanwich Mort gage Loan Trust F as agent and Attorney in Fact for Chanel Soriano Aldridge Pite, LLP, SLx Piedmont Center, 3525 Piedmont Road, N.E., Suite 700, Atlanta, Georgia 30305, (404) 994-7400. 2191-273 2A THIS LAW FIRM MAY BE ACT ING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. 2191-2732A 06/21,28, 07/05,12,19,26 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF FAYETTE Pursuant to the power of sale con tained in the Security Deed execut ed by ANTHONY L COOPER AND JUDY M COOPER to WIELAND FINANCIAL SERVICES in the original principal amount of $190,000.00 dated April 27, 2001 and recorded in Deed Book 1627, Page 565, Fayette County records, said Security Deed being last trans ferred to NEW RESIDENTIAL MORTGAGE LOAN TRUST 2017- 3 in Deed Book 5619, Page 616, Fayette County records, the under signed will sell at public outcry to the highest bidder for cash, before the Courthouse door in said Coun ty, or at such other place as lawfully designated, within the legal hours of sale, on August 01, 2023, the property in said Security Deed and described as follows: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 188 OF THE 5TH DIS TRICT, FAYETTE COUNTY, GEOR GIA AND BEING LOT 28, BLOCK A, BRANDON MILL UNIT FOUR, AS PER PLAT THEREOF RECORD ED IN PLAT BOOK 15, PAGE 143, FAYETTE COUNTY, GEORGIA RE CORDS. SAID PLAT BEING INCOR PORATED HEREIN AND MADE A PART HEREOF BY REFERENCE. Said property being known as: 310 BRANDON MILL CIRCLE FAYETTEVILLE, GA 30214 To the best of the undersigned's knowledge, the part)' or parties in possession of said property is/arc ANTHONY L COOPER AND JUDY M COOPER or tenant(s). The debt secured by said Security Deed has been and is hereby de clared due and payable because of, among other possible events of default, failure to pay the indebt edness as provided for in the Note and said Security Deed. The debt remaining in default, this sale will be made for the purpose of paving the same and all expenses of sale, including attorney’s fees (notice of intent to collect attorney’s fees hav ing been given). Said property will be sold subject to the following: (1) any outstanding ad valorem taxes (including taxes w'hich are a lien, whether or not yet due and payable); (2) the right of redemption of any taxing author ity; (3) any matters which might be disclosed by an accurate survey and inspection of the property; and (4) any assessments, liens, encum brances, zoning ordinances, re strictions, covenants, and matters of record superior to the Security Deed first set out above. Said sale will be conducted subject to the following: (1) confirmation that the sale is not prohibited un der the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the hold er of the Security Deed. The name, address, and telephone number of the individual or entity who has full authority to negotiate, amend, and modify all terms of the mortgage is as follows: Nationstar Mortgage LLC d/b/a Mr. Cooper 8950 Cypress Waters Blvd. Coppeli, TX 75019 1-888-480-2432 Note that pursuant to O.C.GA. § 44-14-162.2, the above individual or entity is not required by law to negotiate, amend, or modify' the terms of the mortgage. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPT ING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. NEW RESIDENTIAL MORTGAGE LOAN TRUST 2017-3, as Attorney-in-Fact for ANTHONY L COOPER AND JUDY M COOPER Robertson, Anschutz, Schneid, Crane & Partners, PLLC 13010 Morris Rd., Suite 450 Alpharetta, GA 30004 Phone: 470.321.7112 Firm File No. 23-116257 - LiV 06/28,07/05,12,19,26 NR DEED, LLC, Petitioner v, UNKNOWN HEIRS OF SAL- LIE ELIZABETH WILLIAMS, et al. Respondents CIVIL ACTION FILE NO. 2023V-0049 SUPERIOR COURT OF FAYETTE COUNTY To: Unknown Heirs of Sallie Eliz abeth Williams; Unknown Heirs of Earnest Bogan Williams. Jr.; Carol Williams; Bonnie Brock; An thony Williams; Mark Williams; Unknown Heirs of Doris Frances Watson; Jonathan Watson; Pa tricia Ann Pap; Gloria Danzwith; Fred Watson, Jr.; Unknown Heirs of Margaret Lucile Burdette; Un known Heirs of Margie Burdette Taylor; Marguerite McCurry; Rob ert Taylor; Helen Goodman; Julia Goodpaster; Unknown Heirs of Chester Burdette, Jr; Vickie Bur dette; Unknown Heirs of Samuel Burdette; Chris Austin Burdette; Heather Bellefleur a/k/a Heath er Burdette; Linda Hall Burdette; Stacy Burdette; Robin Suzanne Johnson; Christi Palmer; Kimberly Pearson; Marilyn Pullen; Unknown Heirs of Kathleen Bray; Unknown Heirs of John C. Bray; Carolyn For syth; Unknown Heirs of Leonard Williams; Yvonne Williams a/k/a Beverly Williams; Unknown Heirs of Evelyn Williams; Unknown Heirs of Dorothy Burdette; Linda G. Sweat a/k/a Linda G. Burdette; Beverly Cox a/k/a Beverly Cox Woods; Unknown Heirs of Rob ert Hiram Burdette; Betty Sloan Burdette; Scott Burdette; Jimmy Burdette; Helen Walker; Unknown Heirs of Roy Larry Burdette; and John Chris Burdette. You are hereby notified pursuant to Order of Superior Court of Fayette County Judge Ben J. Miller, Jr. en tered May 25, 2023, that a Petition to Quiet Title with the above refer enced style was filed on January 13, 2023, in the Superior Court of Fay ette County by NR Deed, LLC (“Pe titioner''). The Petition, if granted, will declare Petitioner to be the fee simple owner of that tract or parcel of land lying and being in Fayette County, Georgia, and fully described at Exhibit “A” to the Pe tition. You are hereby given notice of this action and directed that you may file any pleading you desire in response to the Petition for Quiet Title by serving Petitioner’s attor ney, W. Shannon Sams, 4355 Cobb Parkway, Suite J-505, Atlanta, GA 30339, and filing said response with the Clerk of Superior Court of Fayette Count)'. A hearing on this matter will be held before the Court Appointed Special Master, John W. Mrosek, on August 3,2023 at 11:00 am, at 101 Devant Street, Suite 605. Fayetteville, GA 30214. 06/21,28,07/05,12 NOTICE OF SALE UNDER POWER GEORGIA, FAYETTE COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by John Dockery to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Countrywide Bank, FSB, its succes sors and assigns, dated August 27, 2007, recorded in Deed Book 3298, Page 619, Fayette County, Georgia Records, as last transferred to U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust by assignment recorded in Deed Book 5606, Page 275, Fayette County, Georgia Records, conveying the after-de scribed property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND AND 0/100 DOLLARS ($84,000.00), with interest thereon as set forth therein, there will be sold at pub lic outcry' to the highest bidder for cash before the courthouse door of Fayette County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in August, 2023, the following de scribed property: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT “A" THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE CITY OF FAYETTEVILLE, COUNTY OF FAYETTE, AND STATE OF GEORGIA, TO WIT: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 124, 5TH DISTRICT, FAYETTE COUNTY, GEORGIA, BEING KNOWN AS LOT 4, SHA RON HEIGHTS SUBDIVISION, UNIT II, AS PER PLAT RECORD ED IN PLAT BOOK 8, PAGE 75, FAYETTE COUNTY, GEOR GIA RECORDS; WHICH PLAT IS HEREBY INCORPORATED HEREIN AND AND BY REFER ENCE MADE A PART HEREOF. TAX ID #: 052308020 BY FEE SIMPLE DEED FROM ROBERT E. MUZZILLO AND DAWN H. MUZZILLO AS SET FORTH IN DEED BOOK 2535, PAGE 744 AND RECORDED ON 6/11/2004, FAYETTE COUNTY RECORDS. THE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DATE OF THE ABOVE REF ERENCED SOURCE. The debt secured by said Security Deed has been and is hereby de clared 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 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 pursuant to O.C.GA § 13-1- 11 having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbranc es, zoning ordinances, restrictions, covenants, and any matters of re cord including, but not limited to, those superior to the Security Deed first set out above. Said property will be sold on an “as-is” basis with out any representation, warrant)’ or recourse against the above-named or the undersigned. U.S. Bank Trust National Associa tion, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust is the holder of the Security Deed to the property in ac cordance with OCGA § 44-14-162.2. Hie entity that has hill authority to negotiate, amend, and modify all terms of the mortgage with the debt or is: Selene Finance, 3501 Olympus Boulevard, 5th Floor, Suite 500, Dallas, TX 75019,7136252034. Note, however, that such entity is not required by law to negotiate, amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party in posses sion of the property is John Docker)' or a tenant or tenants and said prop erty is more commonly known as 290 Sharon Drive, Fayetteville, Georgia 30214. Should a conflict arise between the property address and the legal description the legal description will control. 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 sta tus of the loan with the holder of the security’ deed. U.S. Bank Trust National Associa tion, not in its individual capacity' but solely as owner trustee for RCF 2 Acquisition Trust as Attorney in Fact for John Docker)' McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, GA 30076 www.foreclosurehotline.net MR/chr 8/1/23 Our file no. 23-11770GA - FT8 07/05,12,19,26 NOTICE OF SALE UNDER POWER GEORGIA, FAYETTE COUNIT Under and by virtue of the Power of Sale contained in a Security Deed given by Darren K Gilbert to Mort gage Electronic Registration Sys tems, Inc., as grantee, as nominee for Decision One Mortgage Compa ny, LLC, its successors and assigns, dated November 6, 2006, recorded in Deed Book 3135, Page 222, Fay ette County, Georgia Records, as last transferred to Wells Fargo Bank, National Association, as Trustee, on behalf of the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE4, Mortgage Pass- Through Certificates, Series 2007- HE4 by assignment recorded in Deed Book 3822, Page 214, Fayette County, Georgia Records, convey ing the after-described property to secure a Note in the original prin cipal amount of TWO HUNDRED EIGHT THOUSAND AND 0/100 DOLLARS ($208,000.00), with in terest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Fayette County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in August, 2023, the following described property’: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT “A” All that tract or parcel of Land tying and being in Land Lot 96 of the 5th District, Fayette County, Georgia, being lx>t 5 of Magnolia Ridge Subdi vision, Unit Two, as per plat record ed in Plat Book 31, Pages 160-164, records of Fayette County, Georgia, which plat is by reference incorpo rated herein and made a part hereof. The debt secured by said Security Deed has been and is hereby de clared 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 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 pursuant to O.C.G-A. § 13-1- 11 having been given). Said property will be sold subject to any outstanding ad valorem tax es (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority', any matters which might be disclosed by an accurate survey and inspection of the property’, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and any matters of re cord including, but not limited to, those superior to the Securi ty Deed first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned. Wells Fargo Bank, National Asso ciation, as Trustee, on behalf of the registered holders of Morgan Stanley ABS Capital I Inc. Trust 2007-HE4, Mortgage Pass-Through Certificates, Series 2007- HE4 is the holder of the Security’ Deed to the property in ac cordance with OCGA §44-14-162,2, The entity’ that has full authority’ to negotiate, amend, and modify’ all terms of the mortgage with the debt or is: Select Portfolio Servicing, Inc., 3217 S. Decker Lake Dr., Salt Lake City, UT 84119,888-818-6032. Note, however, that such entity' is not required by law to negotiate, amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party in posses sion of the property is Darren K Gil bert or a tenant or tenants and said property’ is more commonly known as 140 Ridgecrest Drive, Fay etteville, Georgia 30215. Should a conflict arise between the property address and the legal description the legal description will control. 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 sta tus of the loan with the holder of the security' deed. Wells Fargo Bank, National Associ ation, as Trustee, on behalf of the registered holders of Morgan Stan ley ABS Capital I Inc. Trust 2007- HE4, Mortgage Pass-Through Cer tificates, Series 2007- HE4 as Attorney in Fact for Darren K Gilbert McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, GA 30076 www.foreclosurehotline.net MR/chr 8/1/23 Our file no. 5399308 - FTi 07/05,12,19,26 NOTICE OF SALE UNDER POWER GEORGIA, FAYETTE COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Laurietta R Jackson to Mortgage Electronic Registration Systems, Inc., as grantee, as nomi nee for LOANDEPOT.COM, LLC, its successors and assigns, dated April 27, 2018, recorded in Deed Book 4739, Page 304, Fayette County', Georgia Records, as last transferred to Wells Faigo Bank, NA by assign ment recorded in Deed Book 5189, Page 401, Fayette County, Georgia Records, conveying the after-de scribed property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SEVEN THOUSAND SEVEN HUNDRED SEVENTY-FIVE AND 0/100 DOL LARS ($127,775.00), 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 Fayette County', Georgia, or at such place as may be lawfully designated as an alterna tive, within the legal hours of sale on the first Tuesday in August, 2023, the following described property: SEE EXHIBIT “A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT “A” All that tract or parcel of land ly ing and being in Land Lot 202 of the 5th District of Fayette County, Georgia, being known as Lot 16, North Bend Subdivision, as per plat recorded in Plat Book 14, page 63, Fayette County Records, which plat is hereby referred to and made a part of this description. Being improved property known as 120 North Creek Trail according to the present system of numbering prop erty' in Fayette County, Georgia. The debt secured by said Security Deed has been and is hereby de clared 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 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 pursuant to O.C.GA § 13-1- 11 having been given). Said property will be sold subject to any outstanding ad valorem tax es (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbranc es, zoning ordinances, restrictions, covenants, and any matters of re cord including, but not limited to, those superior to the Security Deed first set out above. Said property will be sold on an “as-is" basis with out any representation, warranty or recourse against the above-named or the undersigned. Wells Faigo Bank, NA is the holder of the Security Deed to the property’ in accordance with OCGA § 44-14-162.2. The entity that has full authority' to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Bank, N.A., PO Box 10335, Des Moines, IA 50306,1-800-416-1472. Note, however, that such entity is not required by law to negotiate, amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party in possession of the property' is Laurietta R Jack- son or a tenant or tenants and said property is more common!)' known as 120 North Creek Trl, Jonesboro, Georgia 30238. Should a conflict arise between the property’ address and the legal description the legal de scription will control. 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 sta tus of the loan with the holder of the security deed. Wells Fargo Bank, N.A. as Attorney in Fact for Laurietta R Jackson McCalla Raymer Leibert Pierce, LLC 1544 Old Alabama Road Roswell, GA 30076 www.foreclosurehotline.net MR/j.d 8/1/23 Our file no. 23-11828GA - FT5 07/05,12,19,26 NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF FAYETTE Under and by virtue of the power of sale contained with that certain Se curity Deed dated March 4, 2021, from Sean McGowan to Mortgage Electronic Registration Systems, Inc., as nominee for Village Capital and Investment, LLC, recorded on April 5,2021 in Deed Book 5254 at Page 190 Fayette County, Georgia records, having been last sold, as signed, transferred and conveyed to Village Capital and Investment LLC by Assignment and said Se curity Deed having been given to secure a note dated March 4, 2021, in the amount of $432,241.00 said note being modified by Loan Mod ification agreement and recorded on May 19, 2022 in OR Book 5497 OR Page 81 in the real property’ re cords of Fayette County, Georgia, and said Note being in default, the undersigned will sell at public out cry during the legal hours of sale before the door of the courthouse of Fayette County, Georgia, on August 1,2023 the following described real property (hereinafter referred to as the “Property”): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 229 AND 252, 13TH DISTRICT, FAY ETTE COUNTY, GEORGIA, BE ING LOT 216, UNIT 8 OF COUN TRY IAKE SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 26, PAGES 86 AND 87, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF FAY ETTE COUNTY, GEORGIA, TO WHICH PLAT REFERENCE IS MADE FOR THE PURPOSE OR INCORPORATING THE SAME HEREIN. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the pay ments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Se curity Deed, accrued interest, and all expenses of the sale, including attorney's’ fees. Notice of intention to collect attorneys’ fees has been given as provided by law. To the best of the undersigned's knowl edge, the person(s) in possession of the property is Sean McGowan. The property, being commonly known as 170 Standing Oak Place, Fayetteville, GA, 30214 in Fayette County, will be sold as the property of Sean McGowan, subject to any outstanding ad valor em taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspec tion thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.GA Section 44-14-162.2, the name, address and telephone num ber of the individual or entity who shall have the full authority to ne gotiate, amend or modify' all terms of the above described mortgage is as follows: Village Capital and In vestment LLC, 2550 Paseo Verde Parkway, Ste 100, Henderson, NV 89074, 800-619-0823 . The fore going notwithstanding, nothing in O.C.GA Section 44-14-162.2 shall require the secured creditor to ne gotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for Village Capital and Investment LLC as Attorney in Fact for Sean McGowan 100 Galleria Parkway, Legals continue J page 2B
