STATE OF GEORGIA
COUNTY of RABUN
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from SAMUEL C. PIGNATO to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR EVERBANK dated April 14, 2005, filed for record May 18, 2005, and recorded in Deed Book C-28, Page 124, RABUN County, Georgia Records, and as modified by that certain Loan Modification Agreement recorded in Deed Book N-36, Page 251, RABUN County, Georgia Records, as last transferred to DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE RALI 2005QA9 by assignment recorded in Deed Book E-37, Page 214, RABUN County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated April 14, 2005 in the original principal sum of SIX HUNDRED TWELVE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($612,500.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at RABUN County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in December, 2019, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 95 OF THE 5TH DISTRICT, RABUN COUNTY, GEORGIA, AND BEING DESIGNATED AS LOT 13 OF LAKE BURTON PROPERTY OF W.H. PERRIN AND FRANK EDMONSON, AS SHOWN ON PLAT OF SURVEY PREPARED BY WILLIAM F. ROLADER, R.L.S., DATED JUNE 15, 1999, FOR CARLOTTA S. PIGNATO, AND RECORDED IN PLAT BOOK 44, PAGE 1, RABUN COUNTY, GEORGIA RECORDS, WHICH RECORDED PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is CARLOTTA S. PIGNATO or a tenant or tenants. Said property may more commonly be known as: 326 FULTON ROAD, TIGER, GA 30576-1723.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees (notice of intent to collect attorney's fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is PHH MORTGAGE CORPORATION, 1 MORTGAGE WAY, MT LAUREL, NJ 08054; (800) 746-2936.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, 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 (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to 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. *Auction services to be provided by Auction.com (www.auction.com)*
DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR RESIDENTIAL ACCREDIT LOANS, INC., MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-QA9
As Attorney-in-Fact for SAMUEL C. PIGNATO, Phelan Hallinan Diamond & Jones, PLLC, 11675 Great Oaks Way, Suite 320, Alpharetta, GA 30022
Telephone: 770-393-4300, Fax: 770-393-4310
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.