Notice of Sale Under Power
State of Georgia, County of HART
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ELIZABETH M ADAMS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR HOMESTAR FINANCIAL CORP, ITS SUCCESSORS AND ASSIGNS, dated 03/30/2015, and Recorded on 04/02/2015 as Book No. 769 and Page No. 347, HART County, Georgia records, as last assigned to PENNYMAC LOAN SERVICES, LLC (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $129,609.00, 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 HART County Courthouse within the legal hours of sale on the first Tuesday in August, 2020, the following described property: ALL THAT LOT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE 1112TH G.M. DISTRICT OF HART COUNTY, GEORGIA, AND BEING KNOWN AND DESIGNATED AS LOT NO. THIRTEEN (13) OF STILLWOOD SUBDIVISION AND BEING MORE PARTICULARLY SHOWN ON A PLAT OF SAID SUBDIVISION BY W. SLATE BAUKNIGHT, SURVEYOR, DATED SEPTEMBER 25, 1995, RECORDED AT PLAT BOOK 2?F, PAGE 150, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF HART COUNTY, GEORGIA, WHICH SAID PLAT IS HEREBY INCORPORATED INTO THIS DESCRIPTION BY REFERENCE AND MADE A PART HEREOF.
SAID PROPERTY IS CONVEYED SUBJECT TO RESTRICTIVE COVENANTS CONTAINED IN A WARRANTY DEED DATED JUNE 18, 1998, RECORDED AT DEED BOOK 315, PAGE 298, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF HART COUNTY, GEORGIA.
THE ABOVE DESCRIBED PROPERTY IS THE SAME PROPERTY CONVEYED BY WARRANTY DEED (WITH RIGHT OF SURVIVORSHIP) DATED SEPTEMBER 18, 2003, FROM GAYE P. GIBBS TO ROBERT L. SCOTT AND JEANNETTE B. SCOTT, RECORDED IN DEED BOOK 464, PAGE 716, HART COUNTY, GEORGIA, DEED RECORDS.
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).
PENNYMAC LOAN SERVICES, LLC holds the duly endorsed Note and is the current assignee of the Security Deed to the property. PENNYMAC LOAN SERVICES, LLC, acting on behalf of and, as necessary, in consultation with PENNYMAC LOAN SERVICES, LLC (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, PENNYMAC LOAN SERVICES, LLC may be contacted at: PENNYMAC LOAN SERVICES, LLC, 3043 TOWNSGATE ROAD, SUITE 200, WESTLAKE VILLAGE, CA 91361, 866-549-3583. 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 420 STILLWOOD DRIVE, HARTWELL, GEORGIA 30643 is/are: ELIZABETH M ADAMS 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.
PENNYMAC LOAN SERVICES, LLC as Attorney in Fact for ELIZABETH M ADAMS. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
00000008638975 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341-5398.