Fulton County Daily Report
Fulton County

BARRETT, DAFFIN & FRAPPIER, L.L.P.
Aug 17, 2011 | 3090 views | email to a friend | print

BARRETT, DAFFIN & FRAPPIER, L.L.P.

Notice of Sale Under Power State of Georgia,
County of FULTON.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by LARRY COLLIER to FIRST UNION MORTGAGE CORPORATION , dated 08/15/1997, and Recorded on 08/28/1997 as Book No. 23113 and Page No. 321, FULTON County, Georgia records, as last assigned to WELLS FARGO BANK, NA AS SUCCESSOR TRUSTEE TO NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE FOR FIRST UNION CRA MORTGAGE LOAN TRUST 1997-1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $68,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the FULTON County Courthouse within the legal hours of sale on the first Tuesday in September, 2011, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 148 OF THE 14TH DISTRICT OF FULTON COUNTY, GEORGIA, BEING LOT 7, ANDERSON AND ANDERSON PROPERTY, AS PER PLAT RECORDED IN PLAT BOOK 3, PAGE 199, FULTON COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT FORMED BY THE INTERSECTION OF THE WEST SIDE OF WELLINGTON STREET WITH THE NORTH SIDE OF MOSLEY PLACE; AND RUNNING THENCE NORTHERLY ALONG THE WEST SIDE OF WELLINGTON STREET, A DISTANCE OF 50 FEET TO LOT 6, SAID PROPERTY; RUNNING THENCE WEST ALONG THE SOUTHERLY SIDE OF SAID LOT 6, A DISTANCE OF 150 FEET TO LOT 25, SAID PROPERTY; RUNNING THENCE SOUTH ALONG THE EASTERLY LINE OF SAID LOT 25, A DISTANCE OF 50 FEET TO THE NORTH SIDE OF MOSLEY PLACE; RUNNING THENCE EASTERLY ALONG THE NORTH SIDE OF MOSLEY PLACE, A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING. 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). 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., 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-014, FT. MILL, SC 29715, 803-396-6000. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 121 WELLINGTON STREET, ATLANTA, GEORGIA 30310 is/are: LARRY COLLIER 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.
WELLS FARGO BANK, NA AS SUCCESSOR TRUSTEE TO NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE FOR FIRST UNION CRA MORTGAGE LOAN TRUST 1997-1 as Attorney in Fact for LARRY COLLIER. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20110041700196 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
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