NOTICE OF SALE
UNDER POWER
State of Georgia,
County of Coweta
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Steven D. Dennis And Kelly A. Dennis To Mortgage Electronic Registration Systems, Inc. ("Mers") As Nominee For Countrywide Home Loans, Inc. , dated 05/06/2004, and Recorded on 05/14/2004 as Book No. 02496 and Page No. 295, Coweta County, Georgia records, as last assigned to BAC Home Loans Servicing, LP Formerly Known As Countrywide Home Loans Servicing LP, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $354,400.00, 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 Coweta County Courthouse within the legal hours of sale on the first Tuesday in December, 2009, the following described property:
All that tract or parcel of land lying and being in land lot 87 of the 5th district of Coweta County, Georgia, being lot 49 of section two of Lakehills Subdivision, as per plat recorded in plat book 8, page 133, records of Coweta County, Georgia, which plat is by reference incorporated herein and made a part hereof.
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 attorneys fees (notice of intent to collect attorneys fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP, Ptx-C-32, Foreclosure 7105 Corporate, Plano, TX 75024, 800-669-6650. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 5 Camellia Circle, Newnan, Georgia 30263 is/are: Steven D. Dennis and Kelly A. Dennis 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.
BAC Home Loans Servicing, LP
Formerly known as
Countrywide Home Loans
Servicing LP
As Attorney In Fact For
Steven D. Dennis and Kelly A. Dennis.
20090031405157
Barrett, Daffin & Frappier, L.L.P.
4004 Beltline, Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
This Law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
No. 44120-11-5-12-19-26