State of Georgia, County of COWETA. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by APRIL LATRICE CHAPPLE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") AS NOMINEE FOR WILMINGTON FINANCE,INC., ITS SUCCESSORS AND ASSIGNS , dated 11/21/2006, and Recorded on 11/29/2006 as Book No. 3090 and Page No. 689 709, COWETA County, Georgia records, as last assigned to THE BANK OF NEW YORK MELLON, AS TRUSTEE FOR CIT MORTGAGE LOAN TRUST 2007 1 (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original principal amount of $139,992.00, 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 COWETA County Courthouse within the legal hours of sale on the first Tuesday in February, 2019, the following described property: ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN LAND LOT 86 OF THE 5TH LAND DISTRICT OF THE CITY OF NEWNAN, COWETA COUNTY, GEORGIA, BEING LOT 33 OF STONY OAK, AS PER PLAT OF RECORD AT PLAT BOOK 84, PAGES 338 341, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF COWETA COUNTY, GEORGIA RECORDS. REFERENCE TO SAID PLAT IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF THE PROPERTY HEREIN DESCRIBED. THE ABOVE DESCRIBED PROPERTY IS CONVEYED SUBJECT TO DECLARATION OF COVENANTS AND RESTRICTIONS OF RECORD AT DEED BOOK 2316, PAGE 509, AND DEED BOOK 1621, PAGE 335, COWETA COUNTY, GEORGIA RECORDS, AND ALL AMENDMENTS THERETO. 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 BANK OF NEW YORK MELLON, AS TRUSTEE FOR CIT MORTGAGE LOAN TRUST 2007 1 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. CALIBER HOME LOANS, INC., acting on behalf of and, as necessary, in consultation with THE BANK OF NEW YORK MELLON, AS TRUSTEE FOR CIT MORTGAGE LOAN TRUST 2007 1 (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, CALIBER HOME LOANS, INC. may be contacted at: CALIBER HOME LOANS, INC., 13801 WIRELESS WAY, OKLAHOMA CITY, OK 73134, 800 401 6587. 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 65 STONY OAK DRIVE, NEWNAN, GEORGIA 30263 is/are: APRIL LATRICE CHAPPLE 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. THE BANK OF NEW YORK MELLON, AS TRUSTEE FOR CIT MORTGAGE LOAN TRUST 2007 1 as Attorney in Fact for APRIL LATRICE CHAPPLE. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00000008061384 BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 341 5398.
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PostedJanuary 10, 2019