Thursday, April 11, 2024
Gpn11
810156
NOTICE OF SALE UNDER
POWER, HART COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Lota Sue Dutton and Jack F. Dutton, Jr., a/k/a Jack Fred Dutton, Jr. to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Delta Funding Corporation, its successors and assigns dated 3/5/2007 and recorded in Deed Book 581 Page 387 Hart County, Georgia records; as last transferred to or acquired by HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2007-2, conveying the after-described property to secure a Note in the original principal amount of $50,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Hart County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on May 7, 2024 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property:
All that tract or parcel of land lying and being in the 1114th District, G.M., Hart County, Georgia, containing one (1.00) acre, more or less, and being bounded on the Northwest by the county dirt road leading to Georgia Highway 181, and on the Northeast, Southeast and Southwest by other property of William C. Gunter and Ila B. Gunter, and being more particularly described in a plat dated December 11, 1970, made by Teasley, Paul & Associates, Registered Land Surveyor, which plat is recorded in Plat Book 20, at page 105, Clerk's Office, Hart County, Georgia, and is by reference incorporated herein in aid of this description.
This lot of land is more particularly described as to courses and distances in the following manner:
BEGINNING at a nail located at the northernmost corner of the lot herein described and running thence South forty-one (41) degrees thirty (30) minutes West two hundred ten (210.0) feet to a nail; thence South forty-eight (48) degrees thirty (30) minutes East two hundred ten (210.00) feet to an iron pin; thence North forty-one (41) degrees thirty (30) minutes East two hundred ten (210.0) feet to an iron pin; thence North forty-eight (48) degrees thirty (30) minutes West two hundred ten (210.0) feet to a nail, the beginning corner.
The debt secured by said Security Deed 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 Security Deed. 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 Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
Said property is commonly known as 949 Rice Mill Road, Hartwell, GA 30643 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Estate/Heirs of Jack Fred Dutton, Jr. and Lota Sue Dutton or tenant or tenants.
PHH Mortgage Corporation is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.
PHH Mortgage Corporation 1661 Worthington Rd Suite 100 West Palm Beach, FL 33409 (800) 750-2518
Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan.
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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
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 non-judicial 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 immediately above.
HSBC Bank USA, N.A., as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2007-2 as agent and Attorney in Fact for Lota Sue Dutton and Jack F. Dutton, Jr., a/k/a Jack Fred Dutton, Jr.
Aldridge Pite, LLP, Six Piedmont Center, 3525 Piedmont Road, N.E., Suite 700, Atlanta, Georgia 30305, (404) 994-7400.
1017-044A
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1017-044A