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Notice of Sale Under Power Geo...
Notice of Sale Under Power Georgia, Lowndes County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Hattie Chachere to The Park Avenue Bank, dated October 31, 2005, and recorded in Deed Book 3307, Page 18, Lowndes County, Georgia records, having been modified at Deed Book 3614, Page 158 and at Deed Book 3832, Page 294, aforesaid records and as last transferred to Towd Point Mortgage Trust 2017-1, U.S. Bank National Association, as Indenture Trustee by Assignment recorded in Deed Book 6962, Page 477, Lowndes County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $30,343.00, 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 Lowndes County, Georgia, within the legal hours of sale on the first Tuesday in May, 2024, to wit: May 7, 2024, the following described property: TRACT I: All that tract or parcel of land situate, lying and being in the City of Valdosta, Lowndes County, Georgia, particularly described as follows: All of Lot 16, Block D, Devonwood Subdivision, as depicted upon a map or plat of survey thereof recorded in the Office of the Clerk of the Superior Court of Lowndes County, Georgia, in plat record Book C, Page 98, to which plat and the record thereof reference is hereby made for all purposes of description. This being the same property deeded by W.A. Shumphard by Shumphard Development Company, Inc., by deed dated July 22, 1977, and recorded in Deed Book 286, Page 377, aforesaid deed records. TRACT II: All that tract or parcel of land situate, lying and being in Land Lot 108 in the 11th Land District of Lowndes County, Georgia, more particularly described as follows: That certain triangular portion of Lot 16, Block of Deveonwood Subdivision that lies southwest of the 30 drainage easement as depicted upon that certain map or plat of survey for Willie Shumphard dated March 12, 1993, by A.J. Fitzsimons and recorded in Plat Book 37, Page 1, Office of the Clerk of the Superior Court of Lowndes County, Georgia, which map of plat of survey thereof is hereby incorporated in this description by reference. The tract herein conveyed is bounded on the west by Continental Drive, on the south by Lot 17 and on the northeast by a 30 drainage easement traversing Lot 16. 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 attorneys fees (notice of intent to collect attorneys fees having been given). Said property is commonly known as 1301 Bethune Street, Valdosta, GA 31601, 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): Heirs at Law of the Estate of Hattie C. Chachere 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: Select Portfolio Servicing, Inc. Attention: Loss Mitigation Department 3217 S. Decker Lake Drive Salt Lake City, Utah 84119 1-888-818-6032 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 Towd Point Mortgage Trust 2017-1, U.S. Bank National Association, as Indenture Trustee as attorney in fact for Hattie Chachere Richard B. Maner, P.C. 180 Interstate N Parkway, Suite 200 Atlanta, GA 30339 foreclosuresales@rbmlegal.com THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FC22-170 786835 04/12,19,26;05/03/2024
Posted Online 57 weeks ago
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