Details for NOTICE OF FORECLOSURE SALE UNDER POWER CARROLL COUNTY, GEORGIA

Updated

NOTICE OF FORECLOSURE SALE

UNDER POWER

CARROLL COUNTY, GEORGIA

This law firm is acting as a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Under and by virtue of the Power of Sale contained in a Security Deed given by Vince E. Fulghum to Marilyn E. Humphries, dated July 10, 2018, and recorded in Deed Book 05764, Page 0731, Carroll County, Georgia Real Estate Records, to secure a debt in the original principal amount of Eighty Thousand and 00/100 dollars ($80,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash, a of sale conducted at the time and place and in the usual manner of the sheriff's sales in Carroll County, on the first Tuesday of June, 2020, the following described property:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 64 OF THE 5TH DISTRICT OF CARROLL COUNTY, GEORGIA, AND SHOWN AS A 1.00 ACRE PER THAT CERTAIN SURVEY FOR TIMOTHY JOE HEWETT DATED OCTOBER 12, 1993, BY ROSS A. LYNN, RLS #2316, RECORDED IN PLAT BOOK 48, PAGE 278, CLERK’S OFFICE, CARROLL COUNTY GEORGIA PUBLIC DEED RECORDS. SPECIFIC REFERENCE SHOULD BE MADE TO SUCH PLAT FOR A METES AND BOUNDS DESCRIPTION OF SUCH PROPERTY. SAID PLAT AND THE RECORD THEREIN CONTAINED ARE BY REFERENCE INCORPORATED HEREIN, TOGETHER WITH ALL IMPROVEMENT THEREON.

Together with:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 324, 7TH DISTRICT, CARROLL COUNTY, GEORGIA AND DESCRIBED AS FOLLOWS:

BEGINNING AT THE POINT ON THE SOUTH RIGHT OF WAY LINE OF THE BOWDEN JUNCTION-MILLER ACADEMY ROAD, SAID POINT BEING 1013.70 FEET SOUTH 87 DEGREES 45 MINUTES WEST OF THE ORIGINAL EAST LAND LOT LINE AS MEASURED ALONG SAID ROAD; AND FROM THE POINT OF BEGINNING RUNNING SOUTH 2 DEGREES 0 MINUTES EAST A DISTANCE OF 410 FEET TO A POINT, THENCE SOUTH 88 DEGREES 0 MINUTES WEST A DISTANCE OF 103.5 FEET TO A POINT; THENCE NORTH 2 DEGREES 0 MINUTES WEST A DISTANCE OF 405.2 FEET MORE OR LESS TO THE SOUTH RIGHT OF WAY LINE OF BOWDON JUNCTION-MILLER ACADEMY ROAD; THENCE NORTH 87 DEGREES 45 MINUTES EAST A DISTANCE OF 103.5 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PROPERTY IS A PART OF THE PROPERTY SHOWN ON A PLAT BY J.H. HARRISON, SURVEYOR, DATED MAY 8, 1962, AND RECORDED IN DEED BOOK 138, PAGE 160, OFFICE OF THE CLERK OF SUPERIOR COURT, CARROLL COUNTY PUBLIC RECORDS AND BY REFERENCE INCORPORATED HEREIN.

THIS IS A PART OF THE PROPERTY AS DESCRIBED IN A DEED FROM IRA HOMER MCEWEN TO RUDY CASEY AND MARY CASEY ON NOVEMBER 29TH, 1968, AND RECORDED IN DEED BOOK 202, PAGE 294, CARROLL COUNTY PUBLIC RECORDS.

Together with:

ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE CARROLL COUNTY, STATE OF GEORGIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH SIDE OF BOWDON JUNCTION-MILLER ACADEMY ROAD IN LAND LOT 324 ON THE SEVENTH DISTRICT AND AT A POINT WHERE LANDS OF IRA HOMER MCEWEN JOINS LAND OF REESE WALLACE AND RUNNING SOUTH 2 DEGREES 0 MINUTES ALONG THE LINE OF IRA HOMER MCEWEN A DISTANCE OF 420 FEET, THENCE PARALLEL WITH THE SOUTH RIGHT OF WAY OF SAID BOWDON JUNCTION-MILLER ACADEMY ROAD A DISTANCE OF 210 FEET; THENCE NORTH 2 DEGREES 0 MINUTES A DISTANCE OF 420 FEET TO THE SOUTH RIGHT OF WAY OF SAID BOWDON JUNCTION-MILLER ACADEMY ROAD; THENCE ALONG BOWDON JUNCTION-MILLER ACADEMY ROAD; A DISTANCE OF 210 FEET TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINING 2 ACRES, MORE OR LESS, AND CARVED OUT OF A TRACT OF LAND CONVEYED TO REESE WALLACE BY VERDIE LAMBERT ON 02-01-1958 AND RECORDED IN DEED BOOK 117, PAGE 114 CARROLL COUNTY, GEORGIA, CLERK OF SUPERIOR COURT OFFICE.

Together with:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 324, 7TH DISTRICT, CARROLL COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN FOUND ON THE SOUTHERLY RIGHT OF WAY OF WALNUT HILL ROAD (80’ R/W) LOCATED 1239.4 FEET WEST, ALONG SAID RIGHT OF WAY, FROM THE INTERSECTION OF SAID RIGHT OF WAY WITH THE EAST LINE OF LAND LOT 324; THENCE, ALONG SAID RIGHT OF WAY EAST A DISTANCE OF 122.18 FEET TO A POINT; THENCE LEAVING RIGHT OF WAY, SOUTH 02 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 411.78 FEET TO A POINT; THENCE SOUTH 88 DEGREES 46 MINUTES 41 SECONDS; WEST A DISTANCE OF 111.99 FEET TO AN IRON PIN; THENCE NORTH 03 DEGREES 24 MINUTES 39 SECONDS WEST A DISTANCE OF 413.17 FEET TO IRON PIN TO AN IRON PIN AND THE POINT OF BEGINNING.

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 Security Deed and by law, including attorneys’ fees (notice of intent to collect attorneys’ fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), 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.

Matthew Momtahan, Esq. of the Momtahan Law Firm has full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) and he can be contacted at (470) 284-2500, or by writing to P.O. Box 1034, Villa Rica, Georgia 30180, to discuss possible alternatives to avoid foreclosure.

To the best knowledge and belief of the undersigned, the party in possession of the properties are Vince Fulghum, Deborah Fulghum, Mason Gunter, or tenant(s); and said properties are more commonly known as 190 Guthrie Road, Whitesburg, Georgia 30185 and 135 Walnut Hill Road, Carrollton, Georgia 30117. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure.

Matthew Momtahan, Esq.

The Momtahan Law Firm

211-A South Carroll Road

P.O. Box 1034

Villa Rica, Georgia 30180

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