NOTICE OF SALE UNDER POWER
Pursuant to the Power of Sale contained in a Security Deed given by Joe Wilbon and Willie Wilbon a/k/a Willie T. Wilbon a/k/a Willie T. Mae Wilbon to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Finance America, LLC, its successors and assigns dated 3/16/2004 and recorded in Deed Book 364 Page 689 and modified at Deed Book 507Page 240, Elbert County, Georgia records; as last transferred to or acquired by U.S. Bank National Association, as Trustee of the Finance America Mortgage Loan Trust, 2004-1, conveying the after-described property to secure a Note in the original principal amount of $65,200.00, 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 Elbert County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on February 2, 2021 (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, with improvements thereon, lying and being in the City of Elberton, Elbert County, Georgia, and being designated as Lot 11 of Pineview Subdivision as more particularly shown on a Plat of Survey entitled "Pineview Subdivision," prepared by A.P. Stevens, Jr., RLS, dated March 07, 1955, and recorded at Plat Book 002, Page 342, Elbert Superior Court Records to which reference is made for a true and accurate description of the metes and bounds of the property herein described.
This is that same tract or parcel of land conveyed to Joe Wilbon and Willie T. Wilbon by Warranty Deed from Southernaire Corporation, dated June 17, 1971, and recorded at Deed Book 095, Page 768, Elbert Superior Court Records.
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 1142 Oglesby Blvd., Elberton, GA 30635 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): Patricia S. Bryant, as Administrator of the Estate of Willie Wilbon and Estate and/or Heirs of Joe Wilbon 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, One Mortgage Way, Mount Laurel, NJ 08054; 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.
U.S. Bank National Association,
as Trustee of the Finance America Mortgage Loan Trust, 2004-1
as agent and Attorney in Fact for
Joe Wilbon and Willie Wilbon
a/k/a Willie T. Wilbon
a/k/a Willie T. Mae Wilbon
ALDRIDGE PITE, LLP
15 Piedmont Center
3575 Piedmont Road, N.E., Suite 500
Atlanta, Georgia 30305
This law firm may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.