NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FAYETTE
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated October 20, 2004, executed by Debra W. McCaughey and James F. McCaughey to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Countrywide Home Loans, Inc., recorded in Deed Book 2632, Page 215, Fayette County, Georgia Deed Records, and securing a Note in the original principal amount of $95,250.00, said Security Deed last having been assigned to Green Tree Servicing LLC, 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 February, 2014 to-wit: February 4, 2014, during the legal hours of sale, before the Fayette County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 50, OF THE 6TH DISTRICT, FAYETTE COUNTY, GEORGIA, BEING LOT 35 OF CENTER GREEN III SUBDIVISION, AS PER PLAT RECORDED AT PLAT BOOK 16 PAGES 20 AND 21, FAYETTE COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE.
The aforedescribed real property is also known as 149 Long Leaf, Peachtree City, GA 30269, according to the present system of numbering houses in Fayette County, Georgia.
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 status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Green Tree Servicing LLC, Attn: Loss Mitigation, 7360 S. Kyrene Road, Mail Stop P-214, Tempe, AZ 85283. The telephone number is (877) 337-4141. The fax number is (877) 265-9717.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which 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 accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of DEBRA W. MCCAUGHEY AND JAMES F. MCCAUGHEY 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.
GREEN TREE SERVICING LLC
as Attorney-in-Fact for
DEBRA W. MCCAUGHEY AND JAMES F. MCCAUGHEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
January 8, 15, 22, 29, 2014