808899
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 Philip W. Hiott and Kayla M. Hiott to Mortgage Electronic Registration Systems, Inc., as Grantee, as Nominee for Primary Residential Mortgage, Inc., Its Successors and Assigns, dated June 27, 2022, and recorded on July 1, 2022 as Book No. 00714 and Page No. 216-226, Elbert County, Georgia records, as last assigned to PennyMac Loan Services, LLC (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $162,800.00, 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 May, 2024, 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, located on the west side of Thomas Street, and having the following dimensions. To wit: beginning at a point on Thomas Street north 26 degrees east 80' from the intersection of the north line of the Welch lot with said street and running thence north 59 1/2 degrees west 175' to corner; thence north 26 degrees east 70' to corner; thence south 29 1/2 degrees east 175' to said Thomas Street; thence south 26 degrees west 70' to the beginning point, said lot being known and designated as Lot No. 2 in a subdivision of the Oliver property on Thomas Street, same being more particularly described in plat of subdivision of said property made by J.H. Warren, Surveyor, dated October 24, 1936, recorded in Plat Book 1, at Page 100, Elbert County, Georgia Records. Said plat and the recording thereof being expressly by reference incorporated herein and made a part of this description.
Said lot being bounded now or formerly on the north by property owned by Mrs. Gertrude M. Oliver Estate and by Lot No. 3 of said subdivision of the Oliver property on Thomas Street; on the east by said Lot No. 3 and by Thomas Street; on the south by Thomas Street and Lot No. 1 of said subdivision; and on the west by Lot No. 1 of said subdivision and property owned by the Estate of Mrs. Gertrude M. Oliver, deceased.
This being the same property described in a warranty deed from Philip Wayne Hiott to Philip Wayne Hiott and Kayla M. Hiott, dated July 29, 2020, recorded on August 3, 2020, in Deed Book 668, pages 80-82, 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).
PennyMac Loan Services, LLC holds the duly endorsed Note and is the current assignee of the Security Deed to the property. PennyMac Loan Services, LLC, acting on behalf of and, as necessary, in consultation with PennyMac Loan Services, 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, PennyMac Loan Services, LLC may be contacted at: PennyMac Loan Services, LLC, 3043 Townsgate Road, Suite 200, Westlake Village, CA 91361, 866-549-3583. 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 144 S. Thomas St., Elberton, Georgia 30635 is/are: Philip W. Hiott and Kayla M. Hiott 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.
PennyMac Loan Services, LLC
as Attorney in Fact for
Philip W. Hiott and Kayla M. Hiott.
This law firm is acting as a debt
collector attempting to collect a debt. Any information obtained will be used for that purpose.
00000010083913
BARRETT DAFFIN FRAPPIER TURNER & ENGEL, LLP
4004 Belt Line Road, Suite 100
Addison, Texas 75001
Telephone: 972-341-5398
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