NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
OUNTY OF HABERSHAM
Under and by virtue of the power of sale contained with that certain Security Deed dated December 12, 2017, from Jack A. Farley (now deceased) to Mortgage Electronic Registration Systems, Inc., as nominee for Ditech Mortgage Corp., recorded on December 28, 2017 in Deed Book 1156 at Page 166 Habersham County, Georgia records, having been last sold, assigned, transferred and conveyed to LoanCare, LLC by Assignment and said Security Deed having been given to secure a note dated December 12, 2017, in the amount of $75,034.00, and said Note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Habersham County, Georgia, on February 2, 2021 the following described real property (hereinafter referred to as the "Property"):
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 40 OF THE 10TH LAND DISTRICT OF HABERSHAM COUNTY, GEORGIA, CONSISTING OF LOT 13 OF EDEN WOODS SUBDIVISION A/K/A CHIZEK SUBDIVISION, CONTAINING 0.455 ACRES, MORE OR LESS, AS SHOWN ON A PLAT OF SURVEY PREPARED FOR PREFERRED RENTALS BY LOVELL, DUVALL, MILLER AND ASSOCIATES, DATED APRIL 29, 2002, AND RECORDED IN PLAT BOOK 52, PAGE 29 OF THE HABERSHAM COUNTY, GEORGIA PLAT RECORDS, WHICH SAID PLAT IS AND THE RECORD THEREOF REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION.TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS VIA THE COURSE OF EXISTING SUBDIVISION ROADS SHOWN ON THE PLAT REFERENCED ABOVE.
The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is Jack A. Farley (now deceased). The property, being commonly known as 258 Eden Woods, Clarkesville, GA, 30523 in Habersham County, will be sold as the property of Jack A. Farley (now deceased), subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.
Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: LoanCare LLC, 3637 Sentara Way, Virginia Beach, VA 23452, 800-274-6600. The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
Albertelli Law Attorney
for LoanCare, LLC
as Attorney in Fact for
Jack A. Farley (now deceased)
100 Galleria Parkway, Suite 960
Atlanta, GA 30339
Phone: (770) 373-4242
By: Cory P. Sims For the Firm
THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - 19-016384 A-4728615