Newspaper Archive of
The Monroe County Reporter
Forsyth, Georgia
Lyft
June 12, 2019     The Monroe County Reporter
PAGE 24     (24 of 24 available)        PREVIOUS     NEXT      Full Size Image
 
PAGE 24     (24 of 24 available)        PREVIOUS     NEXT      Full Size Image
June 12, 2019
 

Newspaper Archive of The Monroe County Reporter produced by SmallTownPapers, Inc.
Website © 2021. All content copyrighted. Copyright Information.     Terms Of Use.     Request Content Removal.




Page 4D June 12, 2019 |'q Deadline Friday, 12 Noon Sale Under Power Sale Under Power Sale Under Power Sale Under Power Sale Under Power Sale Under Power 725, Page 286, Monroe County records, said Security Deed being last transferred to GREEN TREE SERVICING LLC in Deed Book 1567, Page 209, Monroe County records, the undersigned will sell at public outcry to the highest bidder for cash, before the Courthouse door in said County, or at such other place as lawfully designated, within the legal hours of sale, on July 02, 2019, the property in said Security Deed and described as follows: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LEND LOT 198 OF THE 5TH LAND DISTRICT OF MONROE COUNTY, GEORGIA, CONTAINING 1.79 ACRES AND BEING KNOWN AND DESIGNATED AS PARCEL NO. 1 ACCORDING TO THAT CERTAIN PLAT OF SURVEY ENTITLED "A BOUNDARY & PARTITIONING SURVEY FOR MOZELLE J. COLEMAN', PREPARED BY STEVEN A. COLEMAN, SURVEYOR, DATED JUNE 22, 2001, AND RECORDED IN PLAT BOOK 24, PAGE 232, CLERK'S OFFICE, MONROE SUPERIOR COURT, WHICH PLAT IS BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART OF THIS DESCRIPTION. THE PROPERTY HEREIN DESCRIBED BEING A PORTION OF THE PROPERTY CONVEYED BY ROBERT C. MARTIN AND NANCY K. MARTIN TO MOZELLE .J. COLEMAN BY WARRANTY DEED DATED DECEMBER 27, 1985, AND RECORDED IN DEED BOOK 200, PAGES 236- 237, AFORESAID RECORDS. THE GRANTOR/BORROWER REPRESENTS, COVENANTS, WARRANTS, AND AGREES THE MANUFACTURED HOME LOCATED ON THE LAND, (ONE (1) 1992 28' X 66' CHADWICK DOUBLEWIDE MOBILE HOME, MANUFACTURER'S ID NO. GAFLNO5AB19085CW), WAS FORMERLY PERSONALTY BUT IS NOW AND FOREVER TO REMAIN ONTHE LAND AND HAS BEEN PERMANENTLY AFFIXED TO THE LAND DESCRIBED HEREIN SO AS TO BECOME PART OF THE LAND; AND ALL ASSOCIATED ADDITIONS (WELLS, SEPTIC TANK, DECKS, DRIVEWAY, WALKWAYS, PATIOS, CARPORT, GARAGE, ETC. AS APPLICABLE) ARE INTENDED TO BE PERMANENT IMPROVEMENTS TO SAID REAL ESTATE AND ARE TO TIE GOVERNED BY ALL TERMS AND CONDITIONS OF THIS SECURITY DEED, WITH ALL RIGHTS THERETO APPERTAINING. THE MANUFACTURED HOME ON THE DATE OF EXECUTION OF THE SECURITY DEED HAS BEEN PERMANENTLY AFFIXED TO THE REALTY AND IS INTENDED BY THE GRANTOR TO BE A FIXTURE AND A PART OF THE REAL ESTATE. Said property being known as: 10316 HWY 87, JULIETTE, GA 31046 To the best of the undersigned's knowledge, the party or parties in possession of said property is/are E. WILBUR FAWBUSH AND KATHLEEN A. FAWBUSH or tenant(s). The debt secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as provided for in the Note and said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property will be sold subject to the following: (1) any outstanding ad valorem taxes (including taxes which are a lien, whether or not yet due and payable); (2) the right of redemption of .any taxing authority; (3) any matters which might be disclosed by an accurate survey and inspection of the property; and (4) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Said sale will be conducted subject to the following: (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. The name, address, and telephone number of the individual or entity who has full authority to negotiate, amend, and modify all terms of the mortgage is as follows: Ditech Financial LLC 2100 East Elliot Rd Bldg 94 Attn: Mail Stop T325, Tempe, AZ, 85284 1-800-643-0202 Note that pursuant to O.C.G.A. 44-14-162.2, the above individual or entity is not required by law to negotiate, amend, or modify the terms of the mortgage. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR A'I-rEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. DITECH FINANCIAL LLC, as Attorney-in-Fact for E. WILBUR FAWBUSH AND KATHLEEN A. FAWBUSH RAS Crane LLC 10700 Abbott's Bridge Road Suite 170 Duluth, GA 30097 Phone: 470.321.7112 Firm File No. 19-282208 - TiL 19-240 STATE OF GEORGIA MONROE COUNTY NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Deed to Secure Debt from George W. Barkley and Ulanda A. Barkley aka Ulanda Barkley to First Family Financial Services of Georgia dated March 23, 2000 filed for record March 30, 2000 and recorded at Deed Book 654, Page 282 Monroe County, Georgia Records as last transferred Rise Funding, LLC by assignment recorded at Deed Book 1911, Page 121 Monroe County, Georgia Records said Deed to Secure Debt having been given to secure a Note dated MARCH 23, 2000 in the original principal sum of One Hundred Four Thousand Five Hundred Seventy-One and 81/100 Dollars (U.S. $104,571.81), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at MONROE County, Georgia, within the legal hours of sale on the first Tuesday in JULY, 2019. (July 2, 2019) the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS NOS. 148 AND 149, OF THE 6TH DISTRICT, OF MONROE COUNTY, GEORGIA, BEING 4.42 ACRES, MORE OR LESS, PARCEL B, AS PER PLAT RECORDED IN PLAT BOOK 8, PAGE 117, MONROE COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY ADOPTED AND MADE A PART HEREOF BY REFERENCE THERETO FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY. SAID PROPERTY BEING IMPROVED PROPERTY NOW OR FORMERLY KNOWN AS 138 OLD BRENT ROAD, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING IN MONROE COUNTY, GEORGIA. BEING THE SAME PROPERTY AS THAT CONVEYED BY WARRANTY DEED DATED February 8, 1985, FROM JOHN THOMAS ALLEN TO ULANDA BARKLEY AND GEORGE EDWARD BARKLEY (TENANTS IN COMMON), AS RECORDED February 19, 1985, AT DEED BOOK 185, PAGE 274, MONROE COUNTY, GEORGIA RECORDS. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. 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 Note and Security Deed and by law, including attorney,A6s fees (notice of intent to collect attorney,A6s fees having been given). RISE FUNDING, LLC is the current owner of the loan. Said property is commonly known as 138 OLD BRENT ROAD, FORSYTH, GA 31029 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): GEORGE E. BARKLEY and ULANDA A. BARKLEY or tenant or tenants. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: THE LAW OFFICES OF DANIEL I. SINGER, 2 PARK PLACE ,STE 870, IRVINE, CA 92614 (888- 522-8214). Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. 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. 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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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. RISE FUNDING, LLC Attorney- in-Fact for GEORGE E. BARKLEY AND ULANDA A. BARKLEY Cruikshank Ersin, LLC Attorneys at Law 6065 Roswell Road, Ste 680 Atlanta, GA 30328 770-884-8184 Fax 770-884-8114 19-241 NOTICE OF SALE UNDER POWER STATE OF GEORGIA, COUNTY OF MONROE By virtue of a Power of Sale contained in that certain Security Deed from James R Nepote to Mortgage Electronic Registration Systems, Inc. as nominee for Home Star Mortgage Services, LLC, dated June 14, 2004 and recorded on June 21, 2004 in DEED Book 973, Page 216, in the Office of the Clerk of Superior Court of Monroe County, Georgia, said Security Deed having been given to secure a Note of even date, in the original principal amount of Seventy- Three Thousand Twenty-Nine and 00/100 dollars ($73,029.00) with interest thereon as provided therein, as last transferred to Ditsch Financial LLC, recorded in Deed Book 1855, Page 329, aforesaid records, will be sold at public outcry to the highest bidder for cash before the courthouse door of Monroe County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in July, 2019, 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 109 OF THE 4TH LAND DISTRICT OF MONROE COUNTY, GEORGIA, BEING SHOWN AS LOT 1 OF TIMBERLINE ESTATES, SECTION II, AS SHOWN ON PLAT RECORDED IN PLAT BOOK 8, PAGE 202, MONROE COUNTY, GEORGIA RECORDS. SAID PLAT AND ITS DESCRIPTIVE DATA ARE INCORPORATED HEREIN BY REFERENCE AND MADE A PART HEREOE ALSO CONVEYED IS A 1996, 52 X 23 OMNI MOBILE HOME, SERIAL NUMBER 05039GAAB, WHICH IS PERMANENTLY ATTACHED TO THE REAL ESTATE. Said property may more commonly be known as 244 Timberline Road, Jackson, GA 30233. The debt secured by said Seourity Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees (notice of intent to collect attorney's fees having been given). The individual or entity that has full authority to negotiate, amend and modify all terms of the loan is Ditsch Financial LLC, Ditsch Customer Service, PO Box 6172, Rapid City, SD 57709-6172, 1-800-643-0202 Loss Mitigation Dept 7360 S. Kyrene Rd Tempe, AZ 85283, Telephone Number: (855) 389- 4980. 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: a) zoning ordinances; b) matters which would be disclosed by an accurate survey or by an inspection of the property; c) any outstanding ad valorem taxes, including taxes, which constitute liens upon said property whether or not now due and payable; d) special assessments; e) the right of redemption of any taxing authority; t) all outstanding bills for public utilities which constitute liens upon said property; g) 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 owners and party in possession of the property are James R Nepote and or tenant(s). 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. DITECH FINANCIAL LLC as Attorney-in-Fact for James R Nepote. Contact: Padgett Law Group: 6267 Old Water Oak Road, Suite 203, Tallahassee, FL 32312; (850) 422-2520 19-245 NOTICE OF SALE UNDER POWER, MONROE COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Carol D Phelan to PHH Mortgage Corporation dated 5/27/2005 and recorded in Deed Book 1051 Page 217 Monroe County, Georgia records; as last transferred to or acquired by PHH Mortgage Corporation, conveying the after-described property to secure a Note in the original principal amount of $49,875.00, 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 Monroe County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on July 2, 2019 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: All that tract or parcel of land situate, lying and being in Land Lot 119 of the 4th Land District of Monroe County, Georgia, containing 3.292 acres, more or less, and being Lot 4, of a Subdivision known as SUMMER WINDS, Phase I, as per plat recorded in Plat Book 23, Page 21 and revised in Plat Book 21, Page 41, Clerk's Office, Monroe Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by reference thereto for all purposes. Also conveyed herewith is one (1) Doublewide 2001 Palm Harbor Home Model #76B7, with dimensions of 76x28 and manufacturers serial # PH1411732A&B. 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). Said property is commonly known as 988 Lassiter Road, Forsyth, GA 31029 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Carol D Phelan or tenant or tenants. PHH Mortgage Corporation is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. PHH Mortgage Corporation One Mortgage Way Mount Laurel, NJ 08054 (800) 750-2518 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. 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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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. PHH Mortgage Corporation as agent and Attorney in Fact for Carol D Phelan Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E Suite 500, Atlanta, Georgia 30305, (404) 994-7637. 1017-3139A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1017-3139A 19- 246 NOTICE OF SALE UNDER POWER CONTAINED IN DEED TO SECURE DEBT STATE OF GEORGIA, COUNTY OF MONROE. By virtue of the power and authority contained in that certain Security Deed and under the power of sale contained therein, executed by TEDDY CASTLEBERRY to MONROE COUNTY BANK, on the 3RD day of May, 2000, which said Security Deed is duly recorded in the Office of the Clerk of the Superior Court of Monroe County, Georgia, at Deed Book 659, Page 193, said Security Deed having been assigned to GEORGE Z. BROWN, II by assignment recorded at Deed Book 1534, page 45, aforesaid records, as amended, said Security Deed having been given to secure debt in the original principal amount of One Hundred Twenty Six Thousand Two Hundred Fifty Dollars ($126,250.00) together with interest thereon until paid, the said GEORGE Z. BROWN, II, as Attorney-in-Fact for TEDDY CASTLEBERRY will sell at public outcry to the highest bidder for cash before the Courthouse door in MONROE County, Georgia, within the legal hours of sale, to-wit: 10:00 a.m. - 4:00 p.m. on the first Tuesday in JULY, to-wit: JULY2, 2019, the following described property: All that tract and parcel of land lying and being in Land Lot 153 of the Sixth Land District of Monroe County, Georgia, consisting of approximately 2.000 acres of land and being designated as Tract G on that certain survey for Teddy Castleberry dated April 11, 2000, and revised April 24, 2000, made by Mercer Land Surveying Inc. registered land surveyors, recorded in Plat Book 23, Page 282, Monroe County, Georgia records. The real property or its address is commonly known as Indian Springs Drive, Forsyth, Georgia 31029. The indebtedness secured by said Security Deed having become in default, said real estate will be sold as the property of TEDDY CASTLEBERRY, and the proceeds from said sale will be applied to the payment of the principal and interest of said indebtedness and the costs of these proceedings, including attorney fees, and the balance, if any, will be paid over to the party or parties entitled thereto. 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. This 31ST day of MAY, 2019. GEORGE Z. BROWN, II as Attorney-in-Fact for TEDDY CASTLEBERRY BY: AMY SMITH BOYER, Attorney for GEORGE Z. BROWN VAUGHN, WRIGHT & BOYER LLP AMY SMITH BOYER, Attorney- at-Law Vaughn, Wright & Boyer LLP R O. Box 736, 236 Vaughn Road Forsyth, Georgia 31029 (478) 994-3830 19-247 NOTICE OF SALE UNDER POWER CONTAINED IN DEED TO SECURE DEBT STATE OF GEORGIA, COUNTY OF MONROE. By virtue of the power and authority contained in that certain Security Deed and under the power of sale contained therein, executed by TEDDY CASTLEBERRY to MONROE COUNTY BANK, on the 17th day of August, 2001, which said Security Deed is duly recorded in the Office of the Clerk of the Superior Court of Monroe County, Georgia, at Deed Book 734, Page 209, said Security Deed having been assigned to GEORGE Z. BROWN, II by assignment recorded at Deed Book 1534, page 45, aforesaid records, as amended, said Security Deed having been given to secure debt in the original principal amount of Two Hundred Thirty Thousand Eight Hundred Forty Seven Dollars and 64/100 cents ($230,847.64) together with interest thereon until paid, the said GEORGE Z. BROWN, II, as Attorney-in- Fact for TEDDY CASTLEBERRY will sell at public outcry to the highest bidder for cash before the Courthouse door in MONROE County, Georgia, within the legal hours of sale, to- wit: 10:00 a.m. - 4:00 p.m. on the first Tuesday in JULY, to- wit: JULY 2, 2019, the following described property: All that tract and parcel of land lying and being in Land Lot 153 of the Sixth Land District of Monroe County, Georgia, consisting of approximately 1.000 acres of land and being designated as Tract G-2 on that certain survey for Teddy Castleberry dated April 14, 2001, made by Hugh W. Mercer, Jr registered land surveyor, recorded in Plat Book 24, Page 263, Monroe County, Georgia records. The real property or its address is commonly known as 866 Indian Springs Drive, Forsyth, Georgia 31029. The indebtedness secured by said Security Deed having become in default, said real estate will be sold as the property of TEDDY CASTLEBERRY, and the proceeds from said sale will be applied to the payment of the principal and interest of said indebtedness and the costs of these proceedings, including attorney fees, and the balance, if any, will be paid over to the party or parties entitled thereto. 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. This 31ST day of MAY, 2019. GEORGE Z. BROWN, II as Attorney-in-Fact for TEDDY CASTLEBERRY BY:AMY SMITH BOYER, Attorney for GEORGE Z. BROWN, II VAUGHN, WRIGHT & BOYER LLP AMY SMITH BOYER, Attorney- at-Law Vaughn, Wright & Boyer LLP R O. Box 736, 236 Vaughn Road Foreyth, Georgia 31029 (478) 994-3830 Call 478-994-2358, or emaiJ business@mymcr.nef, or subscribe online at www.mymcr.nef