NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF WHITFIELD Under and by virtue of the power of sale contained with that certain Security Deed dated January 5, 2004, from Christopher M. Banks and Shannon D. Banks to Mortgage Electronic Registration Systems, Inc., as nominee for Full Spectrum Lending, Inc., recorded on January 20, 2004 in Deed Book 4152 at Page 159, Whitfield County, Georgia Records, having been last sold, assigned, transferred and conveyed to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2004-2 by Assignment and said Security Deed having been given to secure a note dated January 5, 2004, in the amount of $73,600.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Whitfield County, Georgia, on June 7, 2016, the following described real property (hereinafter referred to as the "Property"): ALL THAT CERTAIN PARCEL OF LAND SITUATE IN LAND LOT 109 OF THE 12TH DISTRICT, 3RD SECTION, COUNTY OF WHITFIELD, STATE OF GEORGIA, BEING KNOWN AND DESIGNATED AS TRACT 1 OF THE HILLARD AND KATHLEEN ALLEN PROPERTY AS PER PLAT OF RECORD IN PLAT BOOK 13, PAGE 77 (CABINET A, SLIDE 383), WHITFIELD COUNTY RECORDS. TAX ID: 12-109-04-000 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 payments 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 Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is/are Christopher M. Banks and Shannon D. Banks. The property, being commonly known as 1872 Crow Valley Road NW, Dalton, GA, 30720 in Whitfield County, will be sold as the property of Christopher M. Banks and Shannon D. Banks, subject to any outstanding ad valorem 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 inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A. Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: Bank of America, N.A., 9000 Southside Boulevard, Building 400, Jacksonville, FL 32256, 800-846-2222. The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, 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 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2004-2 as Attorney in Fact for Christopher M. Banks and Shannon D. Banks 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: 770-373-4242 By: Jim Albertelli, Esq. For the Firm THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - 16-000993 A-4571555 05/13/2016, 05/20/2016, 05/27/2016, 06/03/2016
↧