Legal No. 12-699
Notice of Sale Under Power
Georgia, Laurens County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JAMES MILLS AND SHARON MILLS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR TAYLOR BEAN & WHITAKER MORTGAGE CORP. , dated SEPTEMBER 25, 2003, and recorded in Deed Book 1476, Page 177, Laurens County, Georgia records, AS LAST TRANSFERRED TO OCWEN LOAN SERVICING, LLC, BY ASSIGNMENT RECORDED IN LAURENS COUNTY, GEORGIA RECORDS, conveying the after-described property to secure a Note of even date in the original principal amount of $93,000.00, 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 Laurens County, Georgia, within the legal hours of sale on the first Wednesday in January, 2013, to wit: January 02, 2013, the following described property:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE 1338TH G.M. DISTRICT OF LAURENS COUNTY, GEORGIA, CONTAINING 1.51 ACRES, AND BEING MORE PARTICULARLY DESCRIBED ON A PLAT OF SURVEY PREPARED BY BILLY FLANDERS & ASSOCIATES, DATED MAY 20, 1999, A COPY OF SAID PLAT BEING RECORDED IN DEED BOOK 1060, PAGE 197, OFFICE OF THE CLERK, LAURENS SUPERIOR COURT, WHICH PLAT IS BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART OF THIS DESCRIPTION.
THIS IS THE SAME PROPERTY DESCRIBED IN A WARRANTY DEED FROM NADINE W. SIMONS TO THE GRANTEES HEREIN, DATED MAY 26, 1999, AND RECORDED IN OFFICE OF THE CLERK, LAURENS SUPERIOR COURT.
The debt secured by said Deed to Secure Debt 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 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 attorneyís fees (notice of intent to collect attorneyís fees having been given).
Said property is commonly known as 1106 BLUE SPRINGS RD, ROCKLEDGE, GA 30454, 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): JAMES W. MILLS, JR AND SHARON W. MILLS 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 record 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 procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents 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 authority to negotiate, amend and modify all terms of the mortgage with the debtor is:
Ocwen Loan Servicing, LLC
Attention: Home Retention Department
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being
OCWEN LOAN SERVICING, LLC
as attorney in fact for
JAMES MILLS AND SHARON MILLS
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
December 8, 15, 22, 29, 2012