Property at 258 Banberry Dr will be sold due to mortgage default.
Official courthouse record · Indexed in NoticeRegistry archive · AI-enriched for research
- Published
- Category
- Foreclosure
- City
- Atlanta
- Address
- 258 Banberry Dr, Atlanta, GA
- Case #
- SHP-25-05492-1
Research context
View full case dossier
See all filings for case SHP-25-05492-1 with AI case status analysis.
What to do next
- 1
Contact Loan Servicer
Reach out to NewRez LLC at 800-365-7107 to discuss your loan status.
- 2
Prepare for Sale
Ensure you understand the implications of the foreclosure sale on March 2026.
- 3
Consult an Attorney
Seek legal advice to explore options for contesting the foreclosure.
Frequently asked questions
- What is the case number for the foreclosure at 258 Banberry Dr?
- The case number is SHP-25-05492-1.
- When will the foreclosure sale take place?
- The sale is scheduled for the first Tuesday in March, 2026.
- Who can I contact for more information about the sale?
- You can contact NewRez LLC at 800-365-7107 for loan modification inquiries.
- What should I do if I am the owner of the property?
- Consider contacting a legal advisor to discuss your options regarding the foreclosure.
The suggestions and answers above are AI-generated for general information only. They can be wrong, and we don't take responsibility for their accuracy. Talk to a qualified professional before acting on them.
Full Notice Text
FN3226 FN3226 gpn11 NOTICE OF SALE UNDER POWER GEORGIA, FULTON COUNTY By virtue of a Power of Sale contained in that certain Security Deed from EMMA J PROTHRO to FIRST SERVICE MORTGAGE INC., dated February 15, 2001, recorded February 22, 2001, in Deed Book 30003, Page 143, Fulton County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Sixty-Six Thousand Four Hundred Seventy-Four and 00/100 dollars ($66,474.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BANK OF AMERICA, N.A., there will be sold at public outcry to the highest bidder for cash at the Fulton County Courthouse, within the legal hours of sale on the first Tuesday in March, 2026, 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 60 OF THE 14TH DISTRICT, FULTON COUNTY, GEORGIA, AND BEING LOT 33, BLOCK A, BROWNS MILL ROAD SUBDIVISION, AS PER PLAT RECORDED AT PLAT BOOK 65, PAGE 65, FULTON COUNTY RECORDS TO WHICH PLAT REFERENCE IS HEREBY MADE FOR THE PURPOSE OF INCORPORATING HEREIN. Said legal description being controlling, however the property is more commonly known as 258 BANBERRY DR, ATLANTA, GA 30315. 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 EMMA J PROTHRO, ESTATE AND/OR HEIRS-AT-LAW OF EMMA J PROTHRO , 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 and 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. BANK OF AMERICA, N.A. as Attorney in Fact for EMMA J PROTHRO 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-25-05492-1 rlselaw.com/property-listing 1:7;2:4,11,18,25,2026
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