Wednesday, February 5, 2020
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF ELBERT
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Christopher K. Smith to Mortgage Electronic Registration Systems, Inc., ("MERS") as Nominee for Homestar Financial Corp., dated July 31, 2012, and Recorded on August 9, 2012 at Book No. 539 and Page No. 237-248, Elbert County, Georgia records, as last assigned to JPMorgan Chase Bank, N.A. (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $72,448.00, 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 Elbert County Courthouse within the legal hours of sale on the first Tuesday in March, 2020, the following described property:
All that tract or parcel of land, with improvements thereon, lying and being in the City of Elberton, 189th G.M. District, Elbert County, Georgia, known as lot 85 of Springdale Subdivision, as described in a plat thereof by C.M. Rucker, Engineer, dated May 7, 1938, and recorded at Plat Book 1, Page 151, Elbert Superior Court Records, and by plat prepared by C.M. Rucker, RLS, dated July 26, 1996, and recorded at Plat Book 18, Page 249, Elbert Superior Court Records to which references are made for a true and accurate description of the metes and bounds of the property herein described. Said tract or parcel of land being bounded now or formerly as follows: on the northeast by lands of Frances Keith; on the east by Brookside Drive; on the southeast by Robert Stephen Howe; and on the west by lands of Barry Milner and Arlene Whitlow.
This is that same tract or parcel of land conveyed to B. Lee Vaughn, Jr. by warranty deed from Harold H. Jones, Jr. and Martha B. Jones dated July 26, 1996, and recorded at Deed Book 224, Page 096, Elbert Superior Court 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).
JPMorgan Chase Bank, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. JPMorgan Chase Bank, National Association, acting on behalf of and, as necessary, in consultation with JPmorgan Chase Bank, N.A. (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, JPMorgan Chase Bank, National Association may be contacted at: JPMorgan Chase Bank, National Association, 3415 Vision Drive, Columbus, OH 43219, 866-550-5705. 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 150 Brookside Drive, Elberton, Georgia 30635 is/are: Christopher K. Smith 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.
JPMorgan Chase Bank, N.A.
as Attorney in Fact for
Christopher K. Smith
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP
4004 Belt Line Road, Suite 100
Addison, Texas 75001
This law firm is acting as a debt
collector attempting to collect a debt. Any information obtained will be used for that purpose.