JACKSON COUNTY, Ga. (MyFOX ATLANTA) – A Jackson County family said Thursday that they nearly lost their home when somehow it landed on a foreclosure list and was auctioned off on the courthouse steps.
On Tuesday, Rani Achaibar said she felt like the rug had been pulled out from under her when she found out her house had been sold and it wasn’t even on the market.
“On Tuesday, my husband was working on his truck. A guy came over to him, I think, and shook his hand and said, ‘Hi, I just bought this house.’ [My husband was] thinking to himself, ‘Yeah right, you’re joking,’” said Achaibar. Unbeknownst to the Achaibars, their home was auctioned off at the Jackson County courthouse (for $165,000). The Achaibars said their house, worth $500,000, somehow made it to a foreclosure list. See JacksonHerald Newspaper posting of Public Sale at this link, posted by the McCalla Raymer LLC Law firm in Roswell Ga.
How are Georgia mortgages foreclosed?
The primary method of foreclosure in Georgia involves what is known as non-judicial foreclosure. This type of foreclosure does not involve court action unless a deficiency is sought. When the deed to secure debt is initially signed it will usually contain a provision called a power of sale clause, which upon default allows sale of the property in order to satisfy the underlying loan. Georgia does not use the typical deed of trust where the trustee acts as a representative of the lender and/or is the holder of the deed of trust.
Foreclosure sales will typically occur in the form of an auction at the courthouse. Because this is a non-judicial remedy, there are very stringent notice requirements and the legal documents are required to contain the power of sale language in order to use this type of foreclosure method.
Power of Sale Notice Requirements:
1. Prior to initiating a foreclosure, the lender must send a demand letter requesting the payment of all past due amounts, which gives the borrower ten (10) days to pay these amounts otherwise foreclosure proceedings will begin. If payment is made at this stage noattorney's fees are assessed.
2. The lender must then publish the notice of the scheduled foreclosure sale in the county newspaper in which the property is located for four (4) consecutive weeks before the sale. The borrower must also receive by certified mail notice at least fifteen (15) days before the date of the proposed sale.
3. Foreclosure sales must take place on the first Tuesday of each month (between 10AM and 4PM) at the courthouse. The trustee will auction the property to the highest bidder at the courthouse steps.
In Georgia, the lenders can also go to court in what is known as a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. If the deed of trust does not contain the power of sale language, or a standard mortgage is used, the lender usually must seek judicial foreclosure. The property is then sold as part of a publicly noticed sale. A complaint is filed in county court (the complaint would be served by a process server on the owner) along with what is known a lis pendens. A lis pendens is a recorded document that provides public notice that the property is being foreclosed upon.
In a phone conversation with Rani Achaibar on Monday April 12th, 2010 she states that no Foreclosure Complaint was served by any process server, no mail was received with a Demand Notice and no Certified Mail was signed for by her or her husband.
"Sewer Service"; obviously the Achaibar family was never served the Foreclousre Complaint and the process paper work was falsified, the case then proceeded through the Jackson County Court system in Georgia. When the Achaibar family did not answer the Foreclousre Complaint (as they never received it) the case went on the Rocket Docket right to the sale on the courthouse steps in Jackson County on April 6th, 2010 for $165,000, this is Foreclosure Fraud.
“He had the paperwork in his hand and I said, ‘Oh my gosh!’ so sat down, got Bank of America on the phone right away, verified, not delinquent, but didn’t say there was a mistake,” recalled Achaibar.
The Achaibars’ Bank of America mortgage statement showed their monthly payments had been paid on time. but the Achaibars said they have had a hard time getting answers. “They sold my house overnight and they need to fix this fast,” said Achaibar.
A representative for Bank of America said, “It appears that a mistake has been made in this case. we are working diligently to research and rectify the situation as quickly as possible. we apologize to the Achaibar family for this unfortunate mistake.” The Achaibars said they were relieved, but said they will feel better when the official paperwork is back in their hands. “Thank God it was a nice person who bought our house or he probably would have put us out,” said Achaibar.
WHO SERVED THE FORECLOSURE COMPLAINT ON THE ACHAIBAR FAMILY, THEY WERE LIVING IN THE HOUSE ? THE ACHAIBAR FAMILY HAD NO KNOWLEDGE OF THE FORECLOSURE SALE ON TUESDAY APRIL 6th 2010, A $500,000 HOME BUILT IN 2007 FOR ONLY $165,000, WHAT A "STEAL".
A FORECLOSURE COMPLAINT CAN NOT GO FORWARD IN THE COURT SYSTEM UNTIL THE PAPERS ARE SERVED ON THE OWNER, THIS IS ANOTHER CASE OF ILLEGAL "SEWER SERVICE AND FORECLSOURE FRAUD.
The Law firm that is responsible for the sale of the Achaibar Family Home is McCalla Raymer, LLC. McCalla Raymer, LLC is a Law Firm in Atlanta, Georgia at 900 Holcomb Woods Parkway Roswell, GA 30076, Phone 678-277-5000. See their web page at http://www.myreoclosing.com/REO%20Directory.html which lists all the attorneys and their email address's and phone numbers, something very wrong going on here !
3.31.2010....NOTICE OF SALE JACKSONHERALD TODAY NEWSPAPER;
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
THIS LAW FIRM (McCalla Raymer LLC) IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. 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 RANI D. ACHAIBAR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 21, 2007, recorded in Deed Book 005, Page 01, Jackson County, Georgia Records, as last transferred to BAC Home Loans Servicing LP fka Countrywide Homes Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY-FIVE THOUSAND AND 0/100 DOLLARS ($165,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF;
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 attorney’s fees (notice of intent to collect attorney’s 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.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Rani D. Achaibar or a tenant or tenants and said property is more commonly known as XXX XXXXXX., Hoschton, Georgia 30548. 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.
BAC Home Loans Servicing LP fka Countrywide Homes Loans Servicing LP as Attorney in Fact for Rani D. Achaibar. McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/rxh 4/6/10
Our file no. 53901109-FT10
All that tract or parcel of land lying and being in the 248th GMD District G.M. of Jackson County, Georgia and being Lot of Subdivision, as per plat recorded at Plat Book, Page, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference. MR/rxh 4/6/10 Our file no. 53901 - FT10 (MA,17,24,12062-60T1P)
Bill Warner Private Investigator, SEX, CRIME, CHEATERS & TERRORISM