NOTICE OF SALE UNDER POWER
Pursuant to the Power of Sale contained in a Security Deed given by Carlos A. Gonzalez and Serena K. Gonzalez to Option One Mortgage Corporation dated 2/28/2005 and recorded in Deed Book 548 Page 725 Murray County, Georgia records; as last transferred to or acquired by Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust, Series 2005-OPT2, Asset Backed Pass-Through Certificates Series 2005-OPT2, conveying the after-described property to secure a Note in the original principal amount of $154,480.00, 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 Murray County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on July 6, 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 LYING AND BEING IN LAND LOT 252 OF THE 8TH DISTRICT AND 3RD SECTION OF MURRAY COUNTY, GEORGIA, AND BEING TRACTS 8 AND 9 OF HAYGOOD ESTATE ACCORDING TO A PLAT OF SURVEY AS RECORDED AT PLAT BOOK 20, PAGE 202, MURRAY COUNTY, GEORGIA RECORDS, WHICH PLAT BY REFERENCE IS INCORPORATED HEREIN AND MADE A PART HEREOF. SUBJECT TO RESTRICTIONS AS RECORDED AT DEED BOOK 20, PAGE 202, MURRAY COUNTY, GEORGIA 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 440 Haygood Rd, Resaca, GA 30735 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): Carlos A. Gonzalez and Serena K. Gonzalez 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
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.
Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust, Series 2005-OPT2, Asset Backed Pass-Through Certificates Series 2005-OPT2 as agent and Attorney in Fact for Carlos A. Gonzalez and Serena K. Gonzalez
Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1017-5051A