920466
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 William Kay Dutton and Sandra Lynn Dutton to Mortgage Electronic Registration Systems, Inc. (“MERS”) As Nominee For Caliber Home Loans, Inc., dated Feb. 5, 2018, and recorded on Feb. 9, 2018 at Book No. 625 and Page No. 142-158, Elbert County, Georgia records, as last assigned to NEWREZ LLC (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $117,264.00, 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 October, 2026, the following described property:
All that tract or parcel of land, with any improvements located thereon, lying and being in the 197th G.M. District, Elbert County, Georgia, containing 2.366 acres, more or less, being bounded, as follows: north, east and south by property of William Jerald Mize and Mary Helen Mize; and west by the centerline of County Dirt Road #161 (Brickyard Road), the centerline of said road being the property line. This property is more particularly shown and delineated by a plat of survey dated October 20, 1999 prepared for Johnny and Vicky Mize, by Carroll Surveying, LLC, Stacy C. Carroll, Georgia Registered Land Surveyor, recorded in Plat Book 21, at page 8, in the office of the Clerk of Superior Court of Elbert County, Georgia. Said plat and the recordation thereof are by reference incorporated herein and made a part of this description. This property is conveyed subject to the encroachment of County Dirt Road #161 along the western property line (the centerline of said road is the property line) as more particularly shown on the above-referenced plat of survey.
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).
NEWREZ LLC holds the duly endorsed Note and is the current assignee of the Security Deed to the property. NEWREZ LLC d/b/a Shellpoint Mortgage Servicing, acting on behalf of and, as necessary, in consultation with NEWREZ 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, NEWREZ LLC d/b/a Shellpoint Mortgage Servicing may be contacted at: NEWREZ LLC d/b/a Shellpoint Mortgage Servicing, 55 Beattie Place, Suite 100, Greenville, SC 29601-2743, 866-825-2174. 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 2494 Brickyard Road, NW, Dewy Rose, GA 30634 is/are: William Kay Dutton and Sandra Lynn Dutton 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.
NEWREZ LLC
as Attorney in Fact for
William Kay Dutton
and Sandra Lynn Dutton
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
00000010911659
BARRETT DAFFIN FRAPPIER
TURNER & ENGEL, LLP
4004 Belt Line Road, Suite 100
Addison, Texas 75001
Telephone: 972-341-5398
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