So I periodically check the listings in the area to make sure that I don't have my house up there ie no surprises.

I found this...

 

http://cherokee.mdjlegals.live.communityq.com/?content_source=&category_id=&search_filter=&event_mode=&event_ts_from=&list_type=&order_by=&order_sort=&content_class=&sub_type=legals&town_id=&page=5

 

F-1087 NEWSOME, MICHELE R. NOTICE OF SALE UNDER POWER GEORGIA, CHEROKEE COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Michele R Newsome to Mortgage Electronic Registration Systems, Inc., as nominee for AEGIS Wholesale Corporation, its successors and assigns dated December 21, 2006 in the amount of $123,000.00, and recorded in Deed Book 9334, Page 440, Cherokee County, Georgia Records; as last transferred to Nationstar Mortgage LLC by assignment; the undersigned, Nationstar Mortgage LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in July, 2011 , during the legal hours of sale, at the Courthouse door in Cherokee County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that tract or parcel of land lying and being in Land Lot 1183 of the 21st District, 2nd Section of Cherokee County, Georgia, being Lot 101, Oak Grove Estates, according to plat as recorded in Plat Book 3, Page 391, Cherokee County Records, said plat by reference is incorporated herein and made a part hereof. which has the property address of 5541 South Sycamore Drive, Acworth, Georgia., together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property. 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. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Michele R Newsome and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Nationstar Mortgage LLC Attorney in Fact for Michele R Newsome McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 11-05456 /FNMA/tgreer THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 6:10,17,24,7:1

6/10/11

 

Was worried about the wording in this so contacted the lawyers and it took them a few, been uber stressed over all this and this was just the icing on the cake ie the house being listed.

I am a bit irritated that the house was listed the same day as the note as in Ga the listing is supposed to be 60 days, you are supposed to receive the notice via process server or certified mail but that did'nt happen either, not sure what is going on with that as another friend also had it happen the way it is happening with me.

So lawyer sends me this...

 

 

 

I understand the concern based on the language of the notice of sale and the timing of the foreclosure.  Let me explain to you what is being done to attempt to have this sale date cancelled and/or postponed.  We have been in constant communication with the lender on this file. This lender has assured us multiple times that as your loan is still under review for modification they will be attempting to postpone sale as the date grows closer. Under your lender’s guidelines, they do not postpone sale until within 10 days prior to sale. If  your lender fails to postpone the sale, your litigation department team is also able to file a in-court action to attempt to cancel the sale. We are generally successful in cancelling at least one sale, if not multiple sales, in order to retain homes for our clients.  (though this success is never guaranteed as it is dependent on the court, on the current income and numbers a client can provide, and on the particular negotiator that the bank has assigned to the file.)

 

It is important to note, that even if sale is held, the sale only affects the home and its fixtures, and not any of your personal property/vehicles/furniture. Also, it is important to understand that sale does not mean that you have to immediately leave the home. In Georgia, you generally have anywhere between 30-90 days, which we can negotiate for you, to effectuate a safe and easy move. Our goal is to keep you in the home and we have made good progress with the lender thus far, but just in case the sale is held at any time, it is important to know the timing.

 

 

 

So yeah could still lose the house.

Right now we are not concerned.  Well I am but at this point I am of the opinion I've fought tooth and nail for this house, for MY house and will continue to do so however if it does not wind up with me being able to keep it I will find me a place to stay and we will move there and I will continue to enjoy my life.

 

We currently have an offer on a place to stay should things fall through and that makes me even less stressed than I would normally be so it's all good.

 

Either way I win in the end, I may come out of this without my house but I will wind up knowing I did the right thing.