About The Banks County news. (Homer, Banks County, Ga.) 1968-current | View Entire Issue (July 26, 2017)
PACE 6B-B THE BANKS COUNTY NEWS WEDNESDAY, JULY 26, 2017 Banks County Legal Notices Notice of Sale Notice of Sale Under Power Banks County Pursuant to the Power of Sale contained in a Security Deed given by Renee Jackson to Cendant Mortgage Cor poration dated 11/3/2004 and recorded in Deed Book 251 Page 596 Banks Coun ty, Georgia records; as last transferred to or acquired by PHH Mortgage Corporation, conveying the after-described property to secure a Note in the original principal amount of $134,050.00, with interest at the rate specified therein, there will be sold by the under signed at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on August 01, 2017 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: A PARCEL OF LAND LOCATED IN THE 207TH DIS TRICT, G.M., COUNTY OF BANKS, STATE OF GEOR GIA, AND KNOWN AS: BEING LOT NUMBER 15, BLOCK D IN BUCKEYE TRAILS SUB DIVISION AS SHOWN IN THE RECORDED PLAT/MAP THEREOF IN PLAT BOOK 26, PAGE 116 OF BANKS COUN TY RECORDS. The debt secured by said Security 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 pro vided in the Note and Security Deed. 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 Secu rity Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property is commonly known as 155 Buckeye Trails, Commerce, GA 30530 togeth er with all fixtures and personal property attached to and consti tuting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Renee Jackson or tenant or tenants. PHH Mortgage Corpora tion is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. PHH Mortgage Corporation One Mortgage Way Mount Laurel, NJ 08054 (800)-750-2518 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 outstand ing ad valorem taxes (includ ing taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and pay able and which may not be of record, (c) the right of redemp tion of any taxing authority, (d) any matters which might be disclosed by an accurate sur vey and inspection of the prop erty, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provid ed until final confirmation and audit of the status of the loan as provided immediately above. PHH Mortgage Corporation as agent and Attorney in Fact for Renee Jackson Aldridge Pite, LLP, 15 Pied mont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994- 7637. 1162-5468A THIS LAW FIRM MAY BE ACTING AS A DEBT COL- LECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1162-5468A (JUS, 12,19,25B/12587-70P) \ Notice of Sale Notice of Sale Under Power Georgia, Banks County This is an attempt to col lect a debt and any informa tion obtained will be used for that purpose. Under and by virtue of Power of Sale contained in Security Deed from GARY M. VOYLES TO BELGRAVIA FINANCIAL SERVICES, A DIVISION OF ASSOCIATES HOUSING FINANCE, LLC, dated Septem ber 14, 1998, filed for record September 18, 1998, record ed at Deed Book 134, Page 325, Banks County, Georgia Records, in the original prin cipal amount of $72,524.29; as affected by Modification Agreement dated Novem ber 10, 1998, filed for record December 3, 1998, recorded at Deed Book 137, Page 347, aforesaid records; as assigned to 21st Mortgage Corporation, by Assignment from Associates Housing Finance, LLC, dated June 20, 2005, filed for record August 15, 2005, recorded at Deed Book 263, Page 347, aforesaid records. This Security Deed being given to secure the obligations of Grantor to Lender as set forth in a Promissory Note (“Note”) of even date as amended, modified, or revised from time to time, with interest at the rate specified therein, there will be sold, by the under signed at public outcry to the highest bidder for cash, before the Courthouse Door at BANKS COUNTY, Georgia, within the legal hours of sale on the first Tuesday in August, 2017, the following described property: All that tract or parcel of land lying and being on the West ern Right-of-Way of Samples Scales Road (County Road No. 230) in the 1210 (Berlin) G.M. District of Banks County, Geor gia, containing 1.5 acres, more or less, according to a Plat of Survey prepared for Gary Voyles by Max Lewallen, GRLS No. 2067, dated September 10, 1998, and being more particu larly described as follows: To find the POINT OF BEGIN NING start at a point on the centerline of Samples Scales Road, said point being located 1779.0 feet Southeasterly from the intersection of the center- line of Samples Scales Road with the centerline of Capes Bridge Road (County Road No. 162); thence from said point, South 71 degrees 30 minutes West, 40.00 feet to an iron pin set and the True Point of Begin ning; thence from said point of beginning and running with the Southwesterly Right-of-Way of Samples Scales Road, South 18 degrees 30 minutes 00 sec onds East, 112.80 feet to a point found; thence continuing with the Southwesterly Right- of-Way of Samples Scales Road, South 19 degrees 41 minutes 00 seconds East, 113.60 feet to an iron pin found; thence leaving the Right of- Way of Samples Scales Road, South 89 degrees 35 minutes 00 seconds West, 610.56 feet to an iron pin set; thence from said iron pin North 67 degrees 51 minutes 05 seconds East, 579.23 feet to an iron pin set on the Southwesterly Right-of-Way of Samples Scales Road, said iron pin being the TRUE POINT OF BEGINNING. THE SECURITY DEED REFERRED TO ALSO ENCUMBERS HERE WITH A 1999 HORTON/ SUMMIT (27x68), SERIAL # 11155262GL&R, WHICH IS PERMANENTLY AFFIXED TO THE LAND AND IS TO BECOME A PART OF THE REAL PROPERTY. Said legal description is controlling however, the prop erty is commonly known as 863 Scales Creek Road, Homer, Georgia 30557. Map and Parcel ID # B38- 041. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including, but not limited to, the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and other payments pro vided 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 ordi nances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said prop erty; special assessments; and all outstanding bills for public utilities which constitute liens upon said property; To the best of the knowledge and belief of the undersigned, the party in possession of the property is GARY M. VOYLES, and /or tenant(s). The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirma tion and audit of the status of the loan with the holder of the Security Deed. 21ST Mortgage Corporation, and its counsel are acting as debt collectors. Any information obtained will be used for that purpose. 21 ST MORTGAGE CORPO RATION, as Attorney-in-Fact GARY M. VOYLES. Contact: Jason Godwin Godwin Law Group 3985 Steve Reynolds Blvd, Bldg D Norcross, GA 30093 Phone: 770-448-9925 Email: jgodwin@godwinlaw- group.com (JUS, 12,19,26P4) | Notice of Sale Notice of Sale Under Power State of Georgia County of Banks Because of a default in the payment of the indebtedness secured by that certain Secu rity Deed, dated October 23, 2006, executed by Leonel A. Orbea, Jr. and Melissa Janine Orbea to CIMA Mortgage Bankers, LLC D/B/A Vertex Mortgage Bankers, record ed in Deed Book 291, Page 526, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $624,000.00, said Security Deed last having been assigned to ARVEST CEN TRAL MORTGAGE COMPA NY, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in August, 2017 to-wit: August 1, 2017, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the fol lowing described real property: ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN THE 1210TH DIS TRICT, G.M., BANKS COUN TY, GEORGIA, AND BEING THAT 1.03 ACRES, MORE OR LESS, DESIGNATED AS LOT 7, ON A PLAT OF SUR VEY PREPARED FOR HAM MERS GLEN “THE RESERVE” SUBDIVISION, BY LOVELL, DUVALL, MILLER & ASSOCI ATES, INC., REGISTERED SURVEYOR, DATED DECEM BER 1, 2003, RECORDED IN PLAT BOOK E, PAGE 12, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COUT OF BANKS COUNTY, GEORGIA AND INCORPORATED HERE IN AND MADE A PART HERE OF BY REFERENCE FOR A MORE DETAILED DESCRIP TION. The aforedescribed real property is also known as 229 Hammers Glen Drive, Homer, GA 30547, according to the present system of numbering houses in Banks County, Geor gia. This 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 as to the amount and sta tus of the loan with the holder of the Security Deed, including but not limited to, a determina tion that the borrower has not reinstated the loan prior to the foreclosure sale. The name, address and telephone number of the indi vidual or entity with full author ity to negotiate, amend and modify all terms of the Note and Security Deed is Arvest Central Mortgage Company, Attn: Homeowner’s Assistance Department, 801 John Barrow Road, Suite 1, Little Rock, AR 72205. The telephone number is 1-800-366-2132, Option 1, ext. 5609. 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 accu rate survey and inspection of the real property, any assess ments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the extent that said real property is comprised of more than one parcel, said real prop erty will be sold in one or more parcels and in such order as the holder of the Security Deed may determine. Upon information and belief, said real property is presently in the possession or control of LEONEL A. ORBEA, JR. AND MELISSA JANINE ORBEA and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law. ARVEST CENTRAL MORT GAGE COMPANY as Attorney- in-Fact for LEONEL A. ORBEA, JR. AND MELISSA JANINE ORBEA Ellis, Painter, Ratterree & Adams LLP 2 East Bryan Street, 10th Floor Savannah, Georgia 31401 (912) 233-9700 THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (JU5,12,19,26B/12980-70T4P) \ Notice of Sale Notice of Sale Ulnder Power Georgia, Banks County THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Law rence E. Miller, single man to Mortgage Electronic Regis tration Systems, Inc. as nomi nee for Everett Financial, Inc. D/B/A Supreme Lending, its successors and assigns dated 05/07/14, recorded in Deed Book 401, Page 318, Banks, County, Georgia Records, as last transferred to Everett Financial Inc., D/B/A Supreme Lending by assignment record ed in Deed Book 427, Page 687, Banks County, Georgia Records, conveying the after- described property to secure a Note in the original principal amount of $93,600.00, with interest thereon as set forth therein, there will be sold at public outcry to the highest bid der for cash or certified check only before the courthouse door of Banks County, Georgia within the legal hours of sale on August 1, 2017, the following described property: ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN GMD 912, BANKS COUNTY, GEORGIA, BEING ALL OF LOTS 6, 7A AND 7B, HUDSON FALLS, PHASE TWO, AS SHOWN ON PLAT RECORDED IN PLAT BOOK 12, PAGE 125, BANKS COUN TY, GEORGIA RECORDS, WHICH PLAT IS INCORPO RATED HEREIN AND MADE A PART HEREOF BY REFER ENCE. The debt secured by said Security 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 Security Deed. 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 Security Deed and by law, including attorney’s fees (notice of intent to collect attor ney’s fees having been given). Supreme Lending services the above referenced loan on behalf of the current owner of the loan. Supreme Lending can be contacted at 214-964- 9642 or by writing to 14801 Quorum Drive Suite #300 Dal las, TX 75254, to discuss pos sible alternatives to foreclosure. The entity that has full authority to negotiate, amend, and mod ify all terms of the mortgage with the debtor is: Supreme Lending, Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold subject 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 accu rate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the prop erty is Lawrence E. Miller or a tenant or tenants and said property is more commonly known as 624 Ridge Lane, Lula, GA 30554. 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. RCO Legal, PS. 2970 Clair- mont Road NE, Suite 780 Atlan ta, GA 30329 (770)-234-9181 www.rcolegal.com 8955.20016 TS#: 8955.20016 FEI # 2013.04595 07/05/2017, 07/12/2017, 07/19/2017,07/26/2017 (JU5,12,19,26P4) | Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of a Power of Sale contained in that certain Security Deed from ASHLEY NICOLE LILLIE to MORT GAGE ELECTRONIC REGIS TRATION SYSTEMS INC AS NOMINEE FOR HOMESTAR FINANCIAL CORP., dated Jan uary 30, 2014, recorded Febru ary 10, 2014, in Deed Book 398, Page 604-615, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original prin cipal amount of EIGHTY-ONE THOUSAND SIX HUNDRED THIRTY-TWO AND 00/100 DOLLARS ($81,632.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to PennyMac Loan Services, LLC, there will be sold at public outcry to the highest bidder for cash at the Banks County Courthouse, within the legal hours of sale on the first Tuesday in August, 2017, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PAR CEL OF LAND LYING AND BEING IN THE HOLLING SWORTH 1580TH DISTRICT G.M., OF BANKS COUNTY, GEORGIA. CONTAINING 1.00 ACRE, MORE OR LESS, AS SHOWN ON PLAT OF SUR VEY PREPARED BY HOL COMB SURVEYING, INC., R.S. DATED OCTOBER 28,2007, AND RECORDED IN PLAT BOOK 31, PAGE 131, BANKS COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY ADOPTED AND MADE A PART HEREOF BY REFERENCE THERE TO FOR A MORE COM PLETE DESCRIPTION OF SAID PROPERTY, BEING IMPROVED PROPERTY NOW OR FORMERLY KNOWN AS 306 FERGUSON ROAD, ACCORDING TO THE PRES ENT SYSTEM OF NUMBER ING IN BANKS COUNTY, GEORGIA. Said legal description being controlling, however the prop erty is more commonly known as 306 FERGUSON ROAD, BALDWIN, GA 30511. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above- named or the undersigned. The sale will also be subject to the following items which may affect the title: any outstand ing ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accu rate survey or by an inspection of the property; all zoning ordi nances; assessments; liens; encumbrances; restrictions; covenants, and any other mat ters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owner and party in posses sion of the property is ASHLEY NICOLE LILLIE, 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 status of the loan with the holder of the Security Deed. Please note that, pursuant to O.C.G.A. § 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: PennyMac Loan Services, LLC, Loss Mitigation Dept., 3043 Townsgate Rd., Suite 200, Westlake Village, CA 91361, Telephone Number: 1-866-549- 3583. PENNYMAC LOAN SER VICES, LLC as Attorney in Fact for ASHLEY NICOLE LILLIE THE BELOW LAW FIRM MAY BE HELD TO BE ACT ING AS A DEBT COLLEC TOR. UNDER FEDERAL LAW. IF SO. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lub lin, LLC, 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071 Telephone Number: (877) 813-0992 Case No. PNY-17- 03406-1 Ad Run Dates 07/05/2017, 07/12/2017, 07/19/2017, 07/26/2017 www.rubinlublin.com/proper- ty-listings.phpc (JU5,12,19,26B/12680-70P) \ Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of a Power of Sale contained in that certain Security Deed from G. ALLEN MASON to REGIONS MORT GAGE INC, dated March 13, 2003, recorded March 26, 2003, in Deed Book 210, Page 499-514, Banks County, Georgia Records, said Secu rity Deed having been given to secure a Note of even date in the original principal amount of One Hundred Thirty-Three Thousand and 00/100 dollars ($133,000.00), with interest thereon as provided for there in, said Security Deed having been last sold, assigned and transferred to REGIONS BANK SUCCESSOR BY MERGER WITH REGIONS MORTGAGE, INC., there will be sold at public outcry to the highest bidder for cash at the Banks County Courthouse, within the legal hours of sale on the first Tues day in August, 2017, all prop erty described in said Security Deed including but not limited to the following described prop erty: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 264TH G.M.D. OF BANKS COUNTY, GEORGIA, CONTAINING 3.00 ACRES, MORE OR LESS, AS SHOWN ON PLAT OF SURVEY PREPARED FOR GEORGE ALLEN MASON BY MAX LEWALLEN, R.L.S., DATED JUNE 27, 2000 AND RECORDED AMONG BANKS COUNTY GEORGIA RECORDS IN PLAT BOOK 25, PAGE 38, SAID PLAT BEING INCORPORATED HERE IN BY REFERENCE FOR A MORE FULL AND COMPLETE DESCRIPTION. ALSO CON VEYED IS A NONEXCLUSIVE EASEMENT DATED JULY 19, 2000 FROM JERRY L. BOLING TO GEORGE ALLEN MASON AND RECORDED AMONG BANKS COUNTY, GEORGIA RECORDS IN DEED BOOK 160, PAGE 237. ALSO CON VEYED IS A NONEXCLUSIVE EASEMENT DATED JULY 24, 2000 FROM P.G. CAUDELL A/K/A P.G. CAUDELL, JR. TO GEORGE ALLEN MASON AND RECORDED AMONG BANKS COUNTY, GEORGIA RECORDS IN DEED BOOK 160, PAGE 236. ALSO CON VEYED ARE ALL RIGHTS AND OBLIGATIONS CON TAINED IN ENCROACHMENT AGREEMENT DATED JULY 24TH, 2000 FROM GEOR GIA POWER COMPANY TO GEORGE ALLEN MASON AND RECORDED AMONG BANKS COUNTY GEORGIA RECORDS IN DEED BOOK 184, PAGE 869. Said legal description being controlling, however the prop erty is more commonly known as 2014 DAMASCUS RD, HOMER, GA 30547. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above- named or the undersigned. The sale will also be subject to the following items which may affect the title: any outstand ing ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accu rate survey or by an inspection of the property; all zoning ordi nances; assessments; liens; encumbrances; restrictions; covenants, and any other mat ters of record superior to said Security Deed. To the best of the knowl edge and belief of the under signed, the owner and party in possession of the property is G. ALLEN MASON, ESTATE AND/OR HEIRS-AT-LAW OF G. ALLEN MASON, JERRI IRVIN MASON, 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 status of the loan with the holder of the Security Deed. Please note that, pursuant to O.C.G.A. § 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Regions Mortgage, Loss Mitigation Dept., 7130 Good- lett Farms Parkway, Cordova, TN 38016, Telephone Number: 800-748-9498. REGIONS BANK SUC CESSOR BY MERGER WITH REGIONS MORTGAGE, INC. as Attorney in Fact for G. ALLEN MASON THE BELOW LAW FIRM MAY BE HELD TO BE ACT ING AS A DEBT COLLEC TOR. UNDER FEDERAL LAW. IF SO. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lub lin, LLC, 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071 Telephone Number: (877) 813-0992 Case No. REG-17- 00114-8 Ad Run Dates 07/05/2017, 07/12/2017, 07/19/2017, 07/26/2017 www.rubinlublin.com/proper- ty-listings.phpc (JU5,12,19,26B/12680-80P) \ Be Smart. Stay Alive. Buckle Up.