CANDICE RENEE KIRBY and SCOTT ANDREW KIRBY NOTICE OF SALE UNDER POWER GEORGIA, FORSYTH COUNTY By virtue of a Power of Sale contained in that certain Security Deed from CANDICE RENEE KIRBY and SCOTT ANDREW KIRBY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS GRANTEE, AS NOMINEE FOR SHELTER LENDING SERVICES, LLC, dated June 7, 2017, recorded June 13, 2017, in Deed Book 8221, Page 601-620, Forsyth County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Thirty-Seven Thousand Three Hundred Seventy-Three and 00/100 dollars ($137,373.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to NewRez LLC d/b/a Shellpoint Mortgage Servicing, there will be sold at public outcry to the highest bidder for cash at the Forsyth County Courthouse, within the legal hours of sale on the first Tuesday in January, 2025, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 1326 OF THE 14TH DISTRICT AND 1ST SECTION OF FORSYTH COUNTY, GEORGIA, AND BEING LOTS 140, 141 AND 142 OF PEBBLE BROOK SHORES, AS PER PLAT RECORDED PLAT BOOK 4, PAGE 73, FORSYTH COUNTY RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART HEREOF, BEING IMPROVED PROPERTY KNOWN AS 5740 QUAIL MOUNTAIN TRAIL ACCORDING TO THE PRESENT SYSTEM OF NUMBERING HOUSES IN FORSYTH COUNTY, GEORGIA. PARCEL ID NUMBER: 313-389. SUBJECT TO ANY EASEMENTS OR RESTRICTIONS OF RECORD. Said legal description being controlling, however the property is more commonly known as 5740 QUAIL MOUNTAIN TRAIL, GAINESVILLE, GA 30506. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed. Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: 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; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is CANDICE RENEE KIRBY, SCOTT ANDREW KIRBY, or tenants(s). 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. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: NewRez LLC, F/K/A New Penn Financial, LLC, D/B/A Shellpoint Mortgage Servicing, Loss Mitigation Dept., 75 Beattie Place Ste. 300, Greenville, SC 29601, Telephone Number: 800-365-7107. Nothing in O.C.G.A. Section 44-14-162.2 shall be construed to require a secured creditor to negotiate, amend, or modify the terms of the mortgage instrument. NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING as Attorney in Fact for CANDICE RENEE KIRBY, SCOTT ANDREW KIRBY THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorney Contact: Rubin Lublin, LLC 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071 Telephone Number: (877) 813-0992 Case No. SHP-22-04531-3 Ad Run Dates 12/11/2024, 12/18/2024, 12/25/2024, 01/01/2025 rlselaw.com/property-listing 141585 12/11,18,25 01/01