Notice of Sale Under Power.
State of Georgia, County of WHITE.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by MATTHEW C HOGAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ("MERS"), AS NOMINEE FOR HOMESTAR FINANCIAL CORP. , dated 08/15/2013, and Recorded on 08/15/2013 as Book No. 1505 and Page No. 349 360, WHITE County, Georgia records, as last assigned to J.P. MORGAN MORTGAGE ACQUISITION CORP. (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $92,346.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the WHITE County Courthouse within the legal hours of sale on the first Tuesday in February, 2018, the following described property:
ALL THAT TRACT OR PARCEL OF LAND TOGETHER WITH IMPROVEMENTS THEREON LYING AND BEING IN LAND LOT 130 OF THE 2ND LAND DISTRICT OF WHITE COUNTY, GEORGIA CONSISTING OF 1.554 ACRES, MORE OR LESS, DESIGNATED AS LOT 6 OF THE OAK FOREST SUBDIVISION AS SHOWN ON PLAT OF SURVEY RECORDED IN PLAT BOOK 19, PAGE 223, AND BEING MORE PARTICULARLY SHOWN AND DESCRIBED ACCORDIG TO PLAT OF SURVEY RECORDED IN PLAT BOOK 19, PAGE 223, AND BEING MORE PARTICULARLY SHOWN AND DESCRIBED ACCORDING TO PLAT OF SURVEY FROM MARTIN DENTON WARD JR. AND SHERRY DOBBS BY LONDON LAND SURVEYING, DATED OCTOBER 12, 1995 RECORDED IN PLAT BOOK 37, PAGE 54, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF WHITE COUNTY, GEORGIA WHICH SAID PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION. SUBJECT TO DECLARATION OF COVENANTS RECORDED IN DEED BOOK 223, PAGE 20-30, AS AMENDED, WHITE COUNTY, GEORGIA DEED RECORDS. SUBJECT TO EASEMENT IN FAVOR OF HABERSHAM ELECTRIC MEMBERSHIP CORPORATION AS RECORDED IN DEED BOOK 7D, PAGE 124, WHITE COUNTY, TEXAS, GEORGIA DEED RECORDS. SUBJECT TO BOUNDARY LINE AGREEMENT AS RECORDED IN DEED BOOK 4A, PAGE 467-469, WHITE COUNTY, GEORGIA DEED RECORDS. SUBJECT TO ROAD MAINTENANCE AGREEMENT AS RECORDED IN DEED BOOK 201, PAGE 330-332, WHITE COUNTY, GEORGIA DEED RECORDS. SUBJECT TO EXISTING COVENANTS, RESTRICTIONS, EASEMENTS, RIGHTS OF WAY FOR ROADS AND PUBLIC UTILITIES, IF ANY, EXTENDING INTO, THROUGH, OVER, OR ACROSS THE ABOVE DESCRIBED PROPERTY.
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. Because the debt remains 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 attorney's fees (notice of intent to collect attorney's fees having been given).
J.P. MORGAN MORTGAGE ACQUISITION CORP. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. CARRINGTON MORTGAGE SERVICES, LLC, acting on behalf of and, as necessary, in consultation with J.P. MORGAN MORTGAGE ACQUISITION CORP. (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 44-14-162.2, CARRINGTON MORTGAGE SERVICES, LLC may be contacted at: CARRINGTON MORTGAGE SERVICES, LLC, 1600 SOUTH DOUGLASS ROAD, SUITE 200 A, ANAHEIM, CA 92806, . Please note that, pursuant to O.C.G.A. 44- 14-162.2, the secured creditor is not required to amend or modify the terms of the loan.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 100 FOREST DRIVE, CLEVELAND, GEORGIA 30528 is/are: MATTHEW C HOGAN or tenant/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; 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 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.
J.P. MORGAN MORTGAGE ACQUISITION CORP. as Attorney in Fact for MATTHEW C HOGAN.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000006680375
BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP
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