Entries by Staff Writer
Lamar County Legals 07-20-2010
Notice, Probate Court of Lamar County
Re: Petition of Robert Perdue for discharge as the executor of the estate of Isabelle Randall, deceased.
To: All interested persons and all and singular the heirs of said decedent, the beneficiaries under the will, and to whom it may concern:
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before August 16, 2010.
Be Notified Further: All objections to the petition must be in writing, setting forth the grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Kathryn B. Martin, Probate Judge, 326 Thomaston St., Barnesville, Ga. 30204, 770-358-5155. (7-20)(4)(p)gpn18
State of Georgia, County of Lamar
All creditors of the estate of William John Smith, deceased of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to the Estate are hereby required to make immediate payment to the undersigned.
This 15th day of July, 2010.
Deborah Smith Haywood, 120 Houston Street, Barnesville, Ga. 30204 (7-20)(4)(p)gpn18
State of Georgia, County of Lamar
All creditors of the estate of Julia Mason, deceased of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to the Estate are hereby required to make immediate payment to the undersigned.
This 30th day of June, 2010.
Antonio Mathis, 8808 Edenton Way, Jonesboro, Ga. 30238
(7-6)(4)(p)gpn18
Notice, Georgia, Lamar County Probate Court
To: All interested persons
The petition of Annie H. Tyus, for a year’s support from the estate of Carven N. Tyus, Sr., deceased, for decedent’s (surviving spouse), having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before August 2, 2010, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/ objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Kathryn B. Martin, Probate Judge, 326 Thomaston St., Barnesville, Ga. 30204, 770-358-5155. (7-6)(4)(p)gpn18
State of Georgia, County of Lamar
All creditors of the estate of Robert W. Barnett, deceased of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to the Estate are hereby required to make immediate payment to undersigned.
This 23 day of June, 2010.
Mona L. Barnett, 342 Walton Rd., Barnesville, Ga. 30204
(6-29)(4)(p)gpn18
Notice of Sale Under Power, State of Georgia, County of Lamar
By virtue of a power of sale contained in a security deed given by Timothy E. Albritton, to The First National Bank Of Barnesville, dated June 11, 2003, recorded in Deed Book 424 Pages 142, Lamar County, Georgia Deed Records, conveying the after described property to secure a Promissory Note for Crusin’ Auto Finance, Inc. f/k/a T&A Auto Sales & Leasing, Inc., in the original principal amount of One Hundred Thousand Two Hundred Fifty Dollars and 00/100 ($100,250.00) Dollars and also to secure a Promissory Note for Final Notice Asset Recovery, LLC in the original principal amount of One Hundred Twenty-Five Thousand One Hundred Seventy-Five And 00/100 ($125,175.00), any renewals, fees, extensions, or additional advances, with interest thereon as set forth therein plus all additional indebtedness and future indebtedness, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, GA, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 31 of the Seventh Land District of Lamar County, Georgia, containing 1.00 acre, lying on the southwestern side of Old U.S. Highway 41 (a/k/a Main Street), and being more particularly described upon a certain plat of survey entitled “Survey for George Schaffer” by J. Wayne Proctor, Sr., GA RLS No. 1328, dated April 19, 1982, and recorded in Plat Book 8, Page 242, in the Office of the Clerk of Superior Court of Lamar County, Georgia. Said plat, together with the metes, bonds, courses and distances shown thereon, is hereby incorporated into and made a part hereof as if set out fully herein.
This is the same property which was conveyed unto Timothy E. Allbritton from Dallas Davis, Sr., by Warranty Deed Dated October 27, 1997, and recorded in Deed Book 222, Pages 126-127, said records.
Said property is subject to all easements and set back lines as shown on the above-referenced plat.
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 as well as all other indebtedness owed to Lender. 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 the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney's fees having been given).
Said property is being sold after First National Bank of Barnesville obtained an Order on its Motion for Relief from the Automatic Stay in the bankruptcy proceeding pending in the Untied States Bankruptcy Court for the Northern District of Georgia, Newnan Division.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy E. Allbritton.
The First National Bank of Barnesville, as Attorney in Fact for Timothy E. Allbritton
Edward R. T. Bullard, Johnston, Owen & Bullard, LLP, 124 N. Hill Street, P.O. Drawer L, Griffin, GA 30224, (770) 233-4889
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power
Georgia, Lamar County
This law firm 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 Otis J. Byrd to Mortgage Electronic Registration Systems, Inc as nominee fr New South Federal Savings Bank , dated November 15, 2007, recorded in Deed Book 649, Page 232, Lamar County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment recorded in Deed Book 709, Page 113, Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of One Hundred Fifteen Thousand Nine Hundred Seventy-Six And 0/100 Dollars ($115,976.00), 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 Lamar County, Georgia within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 61, 3rd District, Lamar County, Georgia, being Lot 4, Block A, Tall Pine Estates Subdivision, as per Plat recorded in Plat Book 9, Page 146, Lamar County records, which Plat is hereby referred to and made a part of this description, being improved property known as no. 481 Weldon Lake Road. 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).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Otis J. Byrd and Menza N. Ogletree or a tenant or tenants and said property is more commonly known as 481 Weldon Lake Road, Milner, Georgia 30257.
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.
Chase Home Finance LLC as Attorney in Fact for Otis J. Byrd, Johnson & Freedman, LLC, 1587 Northeast Expressway Atlanta, Georgia 30329, (770) 234-9181 www.jflegal.com
MSP/rat 8/3/10
Our file no. 1320309-FT3
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power, Georgia, Lamar County
This law firm 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 James Thomas Edmonds, III and Nona Fred Edmonds to NF Investments, Inc., dated December 3, 1999, recorded in Deed Book 284, Page 303, Lamar County, Georgia Records, as last transferred to Bank of America, N.A. by assignment recorded in Deed Book 309, Page 263, Lamar County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of One Hundred Twenty-Five Thousand One Hundred Forty-Five And 0/100 Dollars ($125,145.00), 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 Lamar County, Georgia within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
Exhibit “A”
All that lot, tract or parcel of land situate, lying and being in the City of Barnesville, Lamar County, Georgia, being a certain house and lot fronting on the southern side of Forsyth Street in said city, being known as No. 329 Forsyth Street, according to the present house numbering system in use in said city, and being more particularly described upon a certain plat of survey entitled, "Property of Ralph E. Goddard", prepared by Hugh Montgomery Arnold, Ga. RPE No. 3417, dated September 21, 1963, a copy of which said plat is recorded in Plat Book 4, Page 46, Lamar County, Georgia records. Said plat together with the meted, bounds, courses and distances as shown thereon is incorporated by reference and made a part hereof as fully as if set out herein. This is the same property which was conveyed unto Dana E. Petrides by warranty deed from John R. Pennington, dated March 26, 1993, recorded in Deed Book 159, Pages 415-416, aforesaid records.
MR/abw 8/3/10
Our file no. 5427410 - FT11
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, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722.
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 James Thomas Edmonds, III and Nona Fred Edmonds or a tenant or tenants and said property is more commonly known as 329 Forsyth Street, Barnesville, Georgia 30204.
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.
Bank of America, N.A. as Attorney in Fact for James Thomas Edmonds, III and Nona Fred Edmonds
McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076 www.foreclosurehotline.net
MR/abw 8/3/10
Our file no. 5427410-FT11
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power contained in Security Deed
State of Georgia, County of Lamar
Pursuant to a power of sale contained in a certain security deed executed by Marcus Allen Emory and Jessica Emory, hereinafter referred to as Grantor, to Mortgage Electronic Registration Systems, Inc. as nominee for First Horizon Home Loan Corporation recorded in Deed Book 498, beginning at page 222, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said security deed, the undersigned attorney-in-fact for the aforesaid Grantor (which attorney-in-fact is the present holder of said security deed and note secured thereby) will sell before the door of the courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in August, 2010, the property which, as of the time of the execution of said security deed, was described as set forth in the attached Exhibit "A".
Exhibit A
All that lot, tract or parcel of land lying and being in Land Lot 58 of the Third Land District of Lamar County, Georgia, shown and designated as Lot 62, on plat of survey entitled Final Plat of Liberty Estates, Phase Two, prepared by Larry Sibley Surveying, Inc., Registered Land Surveyors, and recorded in Plat Book 14, page 378, 379 and 380 in the Office of the Clerk of Superior Court of Lamar County, Georgia, and which said plat of survey, together with the metes, bounds, courses and distances as shown thereon, is incorporated herein and made a part of this description.
Said sale will be made subject to the following items which may affect the title to said property:
All restrictive covenants, easements and rights-of-way appearing of record, if any; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; all outstanding and/or unpaid taxes which may be liens upon the property; all outstanding or unpaid bills and assessments for street improvements, curbing, garbage, water, sewage and public utilities which may be liens upon said property.
Midland Mortgage Co. as loan servicer is the entity with authority to negotiate, amend and modify the terms of the Note and Security Deed.
Midland Mortgage Co’s address is: 999 Northwest Grand Boulevard, Oklahoma City, Oklahoma 73118.
Midland Mortgage Co. may be contacted by telephone at 1-800-552-3000, extension 8301.
To the best of the undersigned's knowledge and belief, the party in possession of the property is believed to be Marcus Allen Emory and Jessica Emory.
MidFirst Bank, As Transferee and Assignee, As attorney-in-fact for the aforesaid Grantor
Raymond S. Martin, P.C., Attorney at Law, 990 Hammond Drive, Suite 800, One Lakeside Commons, Atlanta, Georgia 30328, (770) 392-0041
This law firm is attempting to collect a debt, and any information obtained will be used for that purpose.
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power, Georgia, Lamar County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by James E. Fletcher to Mortgage Electronic Registration Systems, Inc. dated May 8, 2003 in the amount of $71,250.00, and recorded in Deed Book 419, Page 255, Lamar County, Georgia Records; as last transferred to Federal National Mortgage Association by assignment; the undersigned, Federal National Mortgage Association 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 August, 2010 , during the legal hours of sale, at the Courthouse door in Lamar 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 31 of the 7th Land District of Lamar County, Georgia, containing 1.115 acres, lying on the Southern side of Moore Street, and on the Western side of Old Alabama Road, and being more particularly described upon a certain Plat of Survey entitled Property Survey for J.H. Investments by Kenneth E. Presley, GA RLS No. 1327, dated Jan 18, 1994, and recorded in Plat Book 12, Page 219, in the Office of the Clerk of Superior Court of Lamar County, Georgia. Said Plat, together with the Metes, Bounds, Courses and Distances shown thereon, is hereby incorporated into and made a part hereof as if set out fully herein. Said property is also described as Lot 13 upon a certain Plat of Survey recorded in Plat Book 12, Page 287, said records.
Together with a non-exclusive, permanent ingress-egress easement over and across (proposed) Moore Street from the above property to the Western margin of Old Alabama Road.
This is the same property which was conveyed from Arvel H. Moore unto Frances Warner by Warranty Deed dated July 31, 1995, and recorded in Deed Book 177, Page 364, said records. Subject to all easements and restrictions of record.
which has the property address of 125 Moore Street, Milner, 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 James E. Fletcher 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.
Federal National Mortgage Association Attorney in Fact for James E. Fletcher, Anthony DeMarlo, Attorney/jplanicka, McCurdy & Candler, L.L.C., (404) 373-1612
www.mccurdycandler.com
File No. 10-12754 /FNMA
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.
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power
State of Georgia, County of Lamar
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Brandon L. Heaton and Debra A. Heaton to Mortgage Electronic Registration Systems, Inc. (“MERS”) as Nominee for Market Street Mortgage Corporation, dated 07/18/2006, and Recorded on 07/21/2006 as Book No. 586 and Page No. 159-171, Lamar County, Georgia records, as last assigned to Chase Home Finance, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $98,494.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the Lamar County Courthouse within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 123 of the 7th Land District of Lamar County, Georgia, containing 10.00 acres, lying on the western side of Walton Road, and being more particularly described as Lot 7B upon a certain plat of survey entitled "Proposed subdivision for Walt Bussey" prepared by J. Wayne Proctor, Sr., RLS No. 1328, dated July 22, 1980, and recorded in Plat Book 8, Page 143, in the office of the Clerk of Superior Court of Lamar County, Georgia. Said plat, together with the metes, bounds, courses and distances shown thereon, is hereby incorporated into and made a part of this description as if set out fully herein.
This the same property which was conveyed unto Earnest Bailey from Kathryn D. Williams by Warranty Deed dated January 11, 2006, and recorded in Deed Book 559, Page 208, said records.
Subject to all easements of record.
Less and except such part of the land as lies within the right-of-way bounds of Walton Road.
Together with a certain 1994 Chandeleur Mobile Home which is permanently affixed to the Land, to wit: VIN #CH2AL00252A&B.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt.
Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance, LLC, 3415 Vision Drive, Foreclosure, Columbus, OH 43219, 800-848-9136.
Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 323 Walton Road, Barnesville, Georgia 30204 is/are: Brandon L. Heaton and Debra A. Heaton or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Chase Home Finance, LLC as Attorney in Fact for Brandon L. Heaton and Debra A. Heaton.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
20100187429718
Barrett, Daffin & Frappier, L.L.P., 4004 Beltline, Building 2, Suite 100, Addison, Texas 75001-4417, Telephone: (972) 341-5398.
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power, Lamar County
Pursuant to the Power of Sale contained in a Security Deed given by William A. Jennings to Wells Fargo Bank, N.A. dated 3/30/2005 and recorded in Deed Book 518 Page 83, Lamar County, Georgia records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in Lamar County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 114,695.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Lamar County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010 (August 3, 2010), the following described property:
All that tract or parcel of land lying and being in Land Lot 14 of the 7th Land District of Lamar County, Georgia, containing 4.945 acres according to a plat of survey dated March 31, 1997 and recorded in Plat Book 13, Page 274, Lamar County, Georgia records, said plat incorporated herein and made a part hereof by reference
Said property is commonly known as 144 Ponderosa Lane, Barnesville, GA 30204 together with all fixtures and personal property attached to and constituting a part of said property, if any.
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 the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): William A. Jennings, Jr. or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for William A. Jennings
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
This law firm may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
(7-6)(4)(x)(ts)(aff)gpn11
Notice of Sale Under Power, State of Georgia, County of Lamar
By virtue of a power of sale contained in a security deed given by Tammy LaPrade to The First National Bank of Barnesville, dated August 24, 2000, recorded in Deed Book 304 Page 218, Lamar County, Georgia Deed Records, conveying the after described property to secure a Promissory Note in the original principal amount of Twenty-Nine Thousand Nine Hundred Dollars And No/100 ($29,900.00) Dollars and any renewals, fees, extensions, or additional advances, with interest thereon as set forth therein plus all additional indebtedness and future indebtedness, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, GA, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 234 of the Seventh Land District of Lamar County, Georgia, containing 4.51 acres and being shown as Lot 6 in Section B, according to a plat of survey prepared for E. E. Mitchell, Jr. & John Mitchell by J. Wayne Proctor, Sr., Surveyor, dated April 23, 1971, and recorded in Plat Book 5, Page 98, Clerk’s Office, Superior Court, Lamar County, Georgia. This plat is hereby incorporated by reference herein.
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 as well as all other indebtedness owed to Lender. 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 the 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Tammy LaPrade.
The First National Bank of Barnesville, as Attorney in Fact for Tammy LaPrade
Edward R. T. Bullard, Johnston, Owen & Bullard, LLP, 124 N. Hill Street, P.O. Drawer L, Griffin, Ga. 30224, (770) 233-4889
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power, Georgia, Lamar County
By virtue of a Power of Sale contained in that certain Security Deed from Gina Darlene McKemie and Herman Bruce McKemie to American Equity Mortgage, Inc., dated March 12, 2003, recorded March 24, 2003, in Deed Book 411, Page 232-247, Lamar County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Twenty-Three Thousand and 00/100 dollars ($123,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, Georgia, within the legal hours of sale on the first Tuesday in August, 2010, all property described in said Security Deed including but not limited to the following described property:
All that lot, tract or parcel of land situate, lying and being in Land Lot 6 of the Third Land District of Lamar County, Georgia, and being more particularly shown and designated as Tract "A" on a plat of survey entitled "Property survey for William P. Kurtz", prepared by Kenneth E. Presley, Associates, Inc., Registered Land Surveyor, dated August 1, 1977, a copy of which said plat is recorded in Plat Book 7, Page 278, of the Superior Court Records of Lamar County, Georgia, and which said plat, together with the metes, bounds, courses and distances shown thereon with respect to said property is incorporated herein and made a part hereon as fully as if set out herein. From said plat said Tract "A"contains 1.95 acres.
Said property is commonly known as 187 Morgan Dairy Road, Griffin, GA 30224.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. 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 and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; any rights of redemption, if applicable, by the United States of America, pursuant to 26 U.S.C. 7425(d)(1); all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gina Darlene McKemie and Herman Bruce McKemie, Gina Darlene McKemie and Herman Bruce McKemie, 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 below law firm is acting as a debt collector. Any information obtained will be used for that purpose.
BAC Home Loans Servicing, LP F/K/A Countrywide Home Loans Servicing LP, as Attorney in Fact for Gina Darlene McKemie and Herman Bruce McKemie
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, 805-520-5019, Plano, TX 75024, Telephone Number: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092, Telephone Number: (888) 890-5309, Case No. BAC-09-36237-0003
www.rubinlublin.com/property-listings.php
(7-6)(4)(ts)(aff)(x)gpn11 [Full Story »]
Lamar County Legals 07-13-2010
Notice, Probate Court of Lamar County
Re: Petition of Dennis E. Stirewalt for discharge as executor of the estate of Larry K. Stirewalt, deceased.
To: All interested persons and all and singular the heirs of said decedent, the beneficiaries under the will, and to whom it may concern:
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before July 26, 2010.
Be Notified Further: All objections to the petition must be in writing, setting forth the grounds of any such objections. All pledings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/ telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Kathryn B. Martin, Probate Judge, 326 Thomaston St., Barnesville, Ga. 30204, 770-358-5155. (7-13)(1)(b)(ts)(aff)
State of Georgia, County of Lamar
All creditors of the estate of Julia Mason, deceased of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to the Estate are hereby required to make immediate payment to the undersigned.
This 30th day of June, 2010.
Antonio Mathis, 8808 Edenton Way, Jonesboro, Ga. 30238
(7-6)(4)(p)gpn18
Notice, Georgia, Lamar County Probate Court
To: All interested persons
The petition of Annie H. Tyus, for a year’s support from the estate of Carven N. Tyus, Sr., deceased, for decedent’s (surviving spouse), having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before August 2, 2010, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/ objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Kathryn B. Martin, Probate Judge, 326 Thomaston St., Barnesville, Ga. 30204, 770-358-5155. (7-6)(4)(p)gpn18
State of Georgia, County of Lamar
All creditors of the estate of Robert W. Barnett, deceased of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to the Estate are hereby required to make immediate payment to undersigned.
This 23 day of June, 2010.
Mona L. Barnett, 342 Walton Rd., Barnesville, Ga. 30204
(6-29)(4)(p)gpn18
Notice of Sale Under Power, State of Georgia, County of Lamar
By virtue of a power of sale contained in a security deed given by Timothy E. Albritton, to The First National Bank Of Barnesville, dated June 11, 2003, recorded in Deed Book 424 Pages 142, Lamar County, Georgia Deed Records, conveying the after described property to secure a Promissory Note for Crusin’ Auto Finance, Inc. f/k/a T&A Auto Sales & Leasing, Inc., in the original principal amount of One Hundred Thousand Two Hundred Fifty Dollars and 00/100 ($100,250.00) Dollars and also to secure a Promissory Note for Final Notice Asset Recovery, LLC in the original principal amount of One Hundred Twenty-Five Thousand One Hundred Seventy-Five And 00/100 ($125,175.00), any renewals, fees, extensions, or additional advances, with interest thereon as set forth therein plus all additional indebtedness and future indebtedness, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Lamar County, GA, within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 31 of the Seventh Land District of Lamar County, Georgia, containing 1.00 acre, lying on the southwestern side of Old U.S. Highway 41 (a/k/a Main Street), and being more particularly described upon a certain plat of survey entitled “Survey for George Schaffer” by J. Wayne Proctor, Sr., GA RLS No. 1328, dated April 19, 1982, and recorded in Plat Book 8, Page 242, in the Office of the Clerk of Superior Court of Lamar County, Georgia. Said plat, together with the metes, bonds, courses and distances shown thereon, is hereby incorporated into and made a part hereof as if set out fully herein.
This is the same property which was conveyed unto Timothy E. Allbritton from Dallas Davis, Sr., by Warranty Deed Dated October 27, 1997, and recorded in Deed Book 222, Pages 126-127, said records.
Said property is subject to all easements and set back lines as shown on the above-referenced plat.
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 as well as all other indebtedness owed to Lender. 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 the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney's fees having been given).
Said property is being sold after First National Bank of Barnesville obtained an Order on its Motion for Relief from the Automatic Stay in the bankruptcy proceeding pending in the Untied States Bankruptcy Court for the Northern District of Georgia, Newnan Division.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Timothy E. Allbritton.
The First National Bank of Barnesville, as Attorney in Fact for Timothy E. Allbritton
Edward R. T. Bullard, Johnston, Owen & Bullard, LLP, 124 N. Hill Street, P.O. Drawer L, Griffin, GA 30224, (770) 233-4889
This law firm is attempting to collect a debt. Any information obtained will be used for that purpose.
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power
Georgia, Lamar County
This law firm 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 Otis J. Byrd to Mortgage Electronic Registration Systems, Inc as nominee fr New South Federal Savings Bank , dated November 15, 2007, recorded in Deed Book 649, Page 232, Lamar County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment recorded in Deed Book 709, Page 113, Lamar County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of One Hundred Fifteen Thousand Nine Hundred Seventy-Six And 0/100 Dollars ($115,976.00), 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 Lamar County, Georgia within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 61, 3rd District, Lamar County, Georgia, being Lot 4, Block A, Tall Pine Estates Subdivision, as per Plat recorded in Plat Book 9, Page 146, Lamar County records, which Plat is hereby referred to and made a part of this description, being improved property known as no. 481 Weldon Lake Road. 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).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Otis J. Byrd and Menza N. Ogletree or a tenant or tenants and said property is more commonly known as 481 Weldon Lake Road, Milner, Georgia 30257.
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.
Chase Home Finance LLC as Attorney in Fact for Otis J. Byrd, Johnson & Freedman, LLC, 1587 Northeast Expressway Atlanta, Georgia 30329, (770) 234-9181 www.jflegal.com
MSP/rat 8/3/10
Our file no. 1320309-FT3
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power, Georgia, Lamar County
This law firm 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 James Thomas Edmonds, III and Nona Fred Edmonds to NF Investments, Inc., dated December 3, 1999, recorded in Deed Book 284, Page 303, Lamar County, Georgia Records, as last transferred to Bank of America, N.A. by assignment recorded in Deed Book 309, Page 263, Lamar County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of One Hundred Twenty-Five Thousand One Hundred Forty-Five And 0/100 Dollars ($125,145.00), 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 Lamar County, Georgia within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
Exhibit “A”
All that lot, tract or parcel of land situate, lying and being in the City of Barnesville, Lamar County, Georgia, being a certain house and lot fronting on the southern side of Forsyth Street in said city, being known as No. 329 Forsyth Street, according to the present house numbering system in use in said city, and being more particularly described upon a certain plat of survey entitled, "Property of Ralph E. Goddard", prepared by Hugh Montgomery Arnold, Ga. RPE No. 3417, dated September 21, 1963, a copy of which said plat is recorded in Plat Book 4, Page 46, Lamar County, Georgia records. Said plat together with the meted, bounds, courses and distances as shown thereon is incorporated by reference and made a part hereof as fully as if set out herein. This is the same property which was conveyed unto Dana E. Petrides by warranty deed from John R. Pennington, dated March 26, 1993, recorded in Deed Book 159, Pages 415-416, aforesaid records.
MR/abw 8/3/10
Our file no. 5427410 - FT11
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, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722.
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 James Thomas Edmonds, III and Nona Fred Edmonds or a tenant or tenants and said property is more commonly known as 329 Forsyth Street, Barnesville, Georgia 30204.
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.
Bank of America, N.A. as Attorney in Fact for James Thomas Edmonds, III and Nona Fred Edmonds
McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076 www.foreclosurehotline.net
MR/abw 8/3/10
Our file no. 5427410-FT11
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power contained in Security Deed
State of Georgia, County of Lamar
Pursuant to a power of sale contained in a certain security deed executed by Marcus Allen Emory and Jessica Emory, hereinafter referred to as Grantor, to Mortgage Electronic Registration Systems, Inc. as nominee for First Horizon Home Loan Corporation recorded in Deed Book 498, beginning at page 222, of the deed records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said security deed, the undersigned attorney-in-fact for the aforesaid Grantor (which attorney-in-fact is the present holder of said security deed and note secured thereby) will sell before the door of the courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in August, 2010, the property which, as of the time of the execution of said security deed, was described as set forth in the attached Exhibit "A".
Exhibit A
All that lot, tract or parcel of land lying and being in Land Lot 58 of the Third Land District of Lamar County, Georgia, shown and designated as Lot 62, on plat of survey entitled Final Plat of Liberty Estates, Phase Two, prepared by Larry Sibley Surveying, Inc., Registered Land Surveyors, and recorded in Plat Book 14, page 378, 379 and 380 in the Office of the Clerk of Superior Court of Lamar County, Georgia, and which said plat of survey, together with the metes, bounds, courses and distances as shown thereon, is incorporated herein and made a part of this description.
Said sale will be made subject to the following items which may affect the title to said property:
All restrictive covenants, easements and rights-of-way appearing of record, if any; all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; all outstanding and/or unpaid taxes which may be liens upon the property; all outstanding or unpaid bills and assessments for street improvements, curbing, garbage, water, sewage and public utilities which may be liens upon said property.
Midland Mortgage Co. as loan servicer is the entity with authority to negotiate, amend and modify the terms of the Note and Security Deed.
Midland Mortgage Co’s address is: 999 Northwest Grand Boulevard, Oklahoma City, Oklahoma 73118.
Midland Mortgage Co. may be contacted by telephone at 1-800-552-3000, extension 8301.
To the best of the undersigned's knowledge and belief, the party in possession of the property is believed to be Marcus Allen Emory and Jessica Emory.
MidFirst Bank, As Transferee and Assignee, As attorney-in-fact for the aforesaid Grantor
Raymond S. Martin, P.C., Attorney at Law, 990 Hammond Drive, Suite 800, One Lakeside Commons, Atlanta, Georgia 30328, (770) 392-0041
This law firm is attempting to collect a debt, and any information obtained will be used for that purpose.
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power, Georgia, Lamar County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by James E. Fletcher to Mortgage Electronic Registration Systems, Inc. dated May 8, 2003 in the amount of $71,250.00, and recorded in Deed Book 419, Page 255, Lamar County, Georgia Records; as last transferred to Federal National Mortgage Association by assignment; the undersigned, Federal National Mortgage Association 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 August, 2010 , during the legal hours of sale, at the Courthouse door in Lamar 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 31 of the 7th Land District of Lamar County, Georgia, containing 1.115 acres, lying on the Southern side of Moore Street, and on the Western side of Old Alabama Road, and being more particularly described upon a certain Plat of Survey entitled Property Survey for J.H. Investments by Kenneth E. Presley, GA RLS No. 1327, dated Jan 18, 1994, and recorded in Plat Book 12, Page 219, in the Office of the Clerk of Superior Court of Lamar County, Georgia. Said Plat, together with the Metes, Bounds, Courses and Distances shown thereon, is hereby incorporated into and made a part hereof as if set out fully herein. Said property is also described as Lot 13 upon a certain Plat of Survey recorded in Plat Book 12, Page 287, said records.
Together with a non-exclusive, permanent ingress-egress easement over and across (proposed) Moore Street from the above property to the Western margin of Old Alabama Road.
This is the same property which was conveyed from Arvel H. Moore unto Frances Warner by Warranty Deed dated July 31, 1995, and recorded in Deed Book 177, Page 364, said records. Subject to all easements and restrictions of record.
which has the property address of 125 Moore Street, Milner, 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 James E. Fletcher 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.
Federal National Mortgage Association Attorney in Fact for James E. Fletcher, Anthony DeMarlo, Attorney/jplanicka, McCurdy & Candler, L.L.C., (404) 373-1612
www.mccurdycandler.com
File No. 10-12754 /FNMA
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.
(7-6)(4)(ts)(aff)(x)gpn11
Notice of Sale Under Power
State of Georgia, County of Lamar
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Brandon L. Heaton and Debra A. Heaton to Mortgage Electronic Registration Systems, Inc. (“MERS”) as Nominee for Market Street Mortgage Corporation, dated 07/18/2006, and Recorded on 07/21/2006 as Book No. 586 and Page No. 159-171, Lamar County, Georgia records, as last assigned to Chase Home Finance, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $98,494.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the Lamar County Courthouse within the legal hours of sale on the first Tuesday in August, 2010, the following described property:
All that tract or parcel of land lying and being in Land Lot 123 of the 7th Land District of Lamar County, Georgia, containing 10.00 acres, lying on the western side of Walton Road, and being more particularly described as Lot 7B upon a certain plat of survey entitled "Proposed subdivision for Walt Bussey" prepared by J. Wayne Proctor, Sr., RLS No. 1328, dated July 22, 1980, and recorded in Plat Book 8, Page 143, in the office of the Clerk of Superior Court of Lamar County, Georgia. Said plat, together with the metes, bounds, courses and distances shown thereon, is hereby incorporated into and made a part of this description as if set out fully herein.
This the same property which was conveyed unto Earnest Bailey from Kathryn D. Williams by Warranty Deed dated January 11, 2006, and recorded in Deed Book 559, Page 208, said records.
Subject to all easements of record.
Less and except such part of the land as lies within the right-of-way bounds of Walton Road.
Together with a certain 1994 Chandeleur Mobile Home which is permanently affixed to the Land, to wit: VIN #CH2AL00252A&B.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt.
Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance, LLC, 3415 Vision Drive, Foreclosure, Columbus, OH 43219, 800-848-9136.
Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 323 Walton Road, Barnesville, Georgia 30204 is/are: Brandon L. Heaton and Debra A. Heaton or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
Chase Home Finance, LLC as Attorney in Fact for Brandon L. Heaton and Debra A. Heaton.
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
20100187429718
Barrett, Daffin & Frappier, L.L.P., 4004 Beltline, Building 2, Suite 100, Addison, Texas 75001-4417, Telephone: (972) 341-5398.
(7-6)(4)(ts)(aff)(x)gpn11 [Full Story »]
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