The Post Searchlight

Return To Classifieds Front | Go Back To Category Listing

1004 Foreclosure Notices

NOTICE OF SALE UNDER POWER


WHEREAS, on November 03, 2004, for value received, Bobby Joe Christmas executed and delivered to the United States of Ameri¬ca, acting through the United States Department of Agriculture, a Deed to Secure Debt conveying certain real estate located in Decatur County, Georgia, and said Deed to Secure Debt was record¬ed in the Office of the Clerk of the Superior Court for Decatur County, Georgia, in Book # 169, Page# 255-262; and said Deed to Secure Debt was re-record¬ed in the Office of the Clerk of the Superior Court for Decatur County, Georgia, in Book # 176, Page# 32-39; and

WHEREAS, the United States of America now holds the above described security deed covering the said real estate; and

WHEREAS, the Deed to Secure Debt held by the United States of America provides that should default occur, the holder may declare the entire indebtedness secured by the Deed to Secure Debt due and payable and, in compliance with the power of sale provisions contained in said security deed proceed to sell the property at public outcry; and

WHEREAS, after default, the United States of America has declared all of the indebtedness secured by the Deed to Secure Debt due and payable and hereby certifies that it has complied with all of its loan servicing regulations;

NOW, THEREFORE, the said United States of America, acting as aforesaid, under and in compliance with the power of sale provision contained in the Deed to Secure Debt, will proceed to sell at public outcry, for cash or certified funds to the highest bidder in front of the Courthouse in Decatur County, during the legal hours of sale, on the 1st day of December, 2009, the following-described property conveyed in the Deed to Secure Debt, to Wit:


All that certain tract of land lying and being in the City of Bainbridge, Decatur County, Georgia, being all of Lot 24 of Westwood Subdivision Unit I in accordance with a plat of the subdivision recorded on Plat Slide A179 (formerly C121), Land Records, Decatur County, Georgia more particularly described as beginning at an iron pin on the North right-of-way of Plantation Road and running then North 00 degrees 20 minutes 40 seconds 170.09 feet to an iron pin, then South 89 degrees 35 minutes 53 seconds East 80.01 feet to an iron pin, then South 00 degrees 22 minutes 07 seconds West 169.56 feet to an iron pin on the North right-of-way of Plantation Road, then North 89 degrees 58 minutes 28 seconds West along said right-of-way 79.94 feet to an iron pin at the point of beginning. All in accordance with a plat prepared September 29, 2004 fro Bobby Joe Christmas by Leroy R. Hall and recorded on Plat Slide C27-5B, Land Records, Decatur County, Georgia. Being known as 1608 Plantation Road. (Tax Map B81A-24)

The above described property will be sold subject to any and all outstanding real estate taxes that are due and payable.

The failure of any high bidder to pay the purchase price and close the sale shall, at the option of the United States of America, be cause for rejection of the bid, and, if the bid is rejected, the United States of America shall have the option of making the sale to the next highest bidder who is ready, willing and able to comply with the terms thereof. The proceeds of said sale will first be applied to the payment of the indebtedness to the United States of America, other charges, and the expenses of sale, as provided in the above-described Deed to Secure Debt.


This the 6 day of November, 2009.

UNITED STATES OF AMERICA

By
Thomas B. Herron
Chief, Default Management Branch
United States Department of Agriculture,
Rural Development

NOTICE OF SALE UNDER POWER
GEORGIA, DECATUR COUNTY

Because of default in the payment of the indebtedness, secured by a Security Deed executed by Calvin L. Lewis to Mortgage Electronic Registration Systems, Inc. dated March 22, 2007 in the amount of $60,000.00, and recorded in Deed Book 241, Page 148, Decatur County, Georgia Records; as last transferred to Ocwen Loan Servicing, LLC by assignment; the undersigned, Ocwen Loan Servicing, LLC 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 December, 2009 , during the legal hours of sale, at the Courthouse door in Decatur 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 situate, lying and being in lot of Land No. 222 in the 15th Land District in Bainbridge, Decatur County, Georgia and being more particularly described as follows: Commence at the intersection of the East Right-of-Way line of Independent Street with the South Right-of-Way line of Planter Street at an iron pin and the Point of Beginning; and from said Point of Beginning thence run due South along the East Right-of-Way line of Independent Street a distance of 105.25 feet to an iron pin; thence run North 89 degrees 00 minutes 30 seconds East a distance of 129.33 feet to an iron pin; thence run North 00 degrees 16 minutes 02 seconds East a distance of 103.53 feet to an iron pin on the South Right-of-Way line of Planter Street a distance of 129.80 feet to an iron pin and the Point of Beginning. Said property is described in accordance with a survey and plat thereof prepared by Shad L. Atkinson, Georgia Registered Surveyor No. 2254, dated March 20, 1986.



which has the property address of 600 Planter St, Bainbridge, 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 Calvin L. Lewis 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.

Ocwen Loan Servicing, LLC
Attorney in Fact for
Calvin L. Lewis
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-24682 /FHLMC
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.

NOTICE OF SALE UNDER POWER
 
            By virtue of the power of sale contained in a Deed to Secure Debt by Charles W. Gaston and Lakeisha Langdon to Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for MBNA America (Delaware), N.A., dated April 6, 2005 and filed for record April 25, 2005 in Deed Book 192, Page 123, Decatur County, Georgia records, and securing a Note in the original principal amount of $120,000.00;  last transferred to E*Trade Bank by Assignment filed for record August 4, 2008, in Deed Book 272, Page 640, Decatur County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Decatur County, Georgia, between the legal hours of sale on the first Tuesday in December 2009, by E*Trade Bank as Attorney-in-Fact for Charles W. Gaston and Lakeisha Langdon the following property to-wit:
            ALL THAT CERTAIN TRACT or parcel of land lying, situate, and being in Lot of Land No. 307 in the 27th Land District of Decatur County, Georgia, containing 1.5 ac., and being more particularly described as commencing at the northeast corner of said Lot No. 307, and run thence south 01 degrees 38 minutes 39 seconds west a distance of 1188.23 feet;  thence north 74 degrees 06 minutes 45 seconds west a distance of 57.30 feet to a point on the west right of way line of Gaston Road and the Point of Beginning;  from said Point of Beginning run thence south 04 degrees 49 minutes 05 seconds west along the west right of way of Gaston Road a distance of 227.57 feet;  thence run north 74 degrees 06 minutes 45 seconds west a distance of 293.48 feet;  thence run north 05 degrees 16 minutes 15 seconds east a distance of 227.22 feet; thence run south 74 degrees 06 minutes 45 seconds east a distance of  291.65 feet to the west right of way line of Gaston Road, and the POINT OF BEGINNING, and being Tract No. 2 of the Plat of Survey for Charles W. Gaston, prepared by Larry W. Grogan, Ga. Reg. No. 1649, dated July 9, 2001, and recorded in Plat Cabinet B, Slide 193-7, Plat records of Decatur County, Georgia.
            The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney's fees, if applicable.
            The property will be sold as the property of the aforesaid grantor subject to the following:  all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record;  all valid zoning ordinances;  matters which would be disclosed by an accurate survey of the property or by any inspection of the property;  all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
            To the best of the undersigned's knowledge and belief, possession of the subject property is held by Charles W. Gaston and Lakeisha Langdon.
            Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P. O. Box 5170, MS SV314B, Simi Valley, CA  93065, Telephone: 1-888-219-7773.  The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP as servicer for E*Trade Bank  to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
E*Trade Bank
as Attorney-in-Fact for
Charles W. Gaston and Lakeisha Langdon
 
SHUPING, MORSE & ROSS, LLP
 
 
By:  S. Andrew Shuping, Jr.  
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia  30274-1698
(770) 991-0000
 
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. 
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
 

NOTICE OF SALE UNDER POWER
 
GEORGIA, DECATUR 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 Jimmy K. Shephard and Brenda M. Shephard to Mortgage Electronic Registration Systems, Inc., dated May 25, 2007, recorded in Deed Book 245, Page 511, Decatur County, Georgia Records, as last transferred to BAC Home Loans Servicing LP fka Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of  Decatur County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTY THOUSAND AND 0/100 DOLLARS ($150,000.00), 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  Decatur County, Georgia  within the legal hours of sale on the first Tuesday in December, 2009, 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, 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 Jimmy K. Shephard and Brenda M. Shephard or a tenant or tenants and said property is more commonly known as 1306 Majestic Ave, Bainbridge, Georgia  39817.
        
         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.
        
Branch Banking and Trust Company
 
as Attorney in Fact for
 
Jimmy K. Shephard and Brenda M. Shephard
 
 
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
 
 
MR/cno     12/1/09
Our file no. 53157309-FT14
 
 
EXHIBIT “A”
 
All that certain tract or parcel of land lying, situate and being in Land Lot No. 205 in the 15th Land District of Decatur County, Georgia, in the City of Bainbridge, Georgia, and being more particularly described as all of Lot No. 4-A of The Timbers as the same is shown and delineated on that plat of survey of The Timbers bearing a date of February 8, 2002, prepared by John T. Clark, III, GRLS No. 2241, a copy of which is recorded in Plat Cabinet B, Slide 198, in the Office of the Clerk of the Superior Court of Decatur County, Georgia.
 
 
MR/cno     12/1/09
Our file no. 53157309 - FT14
 

NOTICE OF SALE UNDER POWER
GEORGIA, DECATUR COUNTY

Because of default in the payment of the indebtedness, secured by a Security Deed executed by Kylie R. Swicord and Larry M. Swicord to Mortgage Electronic Registration Systems, Inc. dated November 11, 2003 in the amount of $25,800.00, and recorded in Deed Book 107, Page 42, Decatur County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; the undersigned, Mortgage Electronic Registration Systems, Inc. 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 December, 2009 , during the legal hours of sale, at the Courthouse door in Decatur 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 in Land Lot No. 422 of the 15th Land District of Decatur County, Georgia, being all of Lot 6, Block A of Mary Acres Estates Subdivision as shown by plat of said subdivision recorded in Cabinet D. Slide 128 in the Office of the Clerk of the Superior Court of Decatur County, Georgia, which said plat and the record thereof are incorporated herein by reference. Together with that 1997 Eagle Trace Mobile Home by Fleetwood, Manufacturers ID Number GAFLV54A80407ET11 and GAFLV54B80407ET11 which is located on the above described property.

which has the property address of 200 Ruth Drive, Bainbridge, 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 Kylie R. Swicord and Larry M. Swicord 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.

Mortgage Electronic Registration Systems, Inc.
Attorney in Fact for
Kylie R. Swicord and Larry M. Swicord
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-24183 /CONV
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.

NOTICE OF SALE UNDER POWER
GEORGIA, DECATUR 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 SHARON S. JOSEY to THE PARK AVENUE BANK dated July 26, 2002, recorded in Deed Book I 26, Pages 45-49, Decatur County, Georgia Records, conveying the after-described property to secure a Note in the amount of Nineteen Thousand Two Hundred Fifty Nine Dollars and 38/100 ($19,259.38) 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 Decatur County, Georgia, within the legal hours of sale on the first Tuesday in December, 2009, the following described property:

All of that certain 1-acre tract or parcel of land situate, lying and being in Lot of Land No. 62 in the 15th Land District of Decatur County, Georgia, and being more particularly described as follows: To find the point of beginning, Commence at the Southwest corner of Land Lot No. 62 and run thence in a northerly direction along the West Lot Line of Land Lot No. 62 a distance of 40 feet to a point on the northern right-of-way line of the Old Whigham Road (a/k/a Old Thomaville Highway), which is the point of beginning of the tract to be described; AND FROM SAID POINT OF BEGINNING, run thence in a Northerly direction along the Western lot line of Land Lot No. 62, 210 feet to a point; run thence in a Southerly direction parallel with the Old Whigham Road (a/k/a Old Thomasville Highway), 210 feet to a point, run thence in a Southerly direction and parallel with the Western lot line of Land Lot No. 62, 210 feet to a point on the Northern right-of-way line of the Old Whigham Road (a/k/a Old Thomasville Highway), and run thence in a Westerly direction along the right-of-way line of said highway, a distance of 210 feet to the point of beginning.

The above described real property being a portion of that certain 18.174 acre tract described in Warranty Deed from Douglas Dean to Joan E. Dean dated November 12, 1986, in Deed Book N-14, Page 18, Deed Records of Decatur County, Georgia.

Together with a security interest in a 1982 Twin Mobile Home, Serial Nos. T35213150A and T35213150B.

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 said Security Deed and by law, including attorneys fees (notice of intent to collect attorneys 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 SHARON S. JOSEY or a tenant or tenants.

Pursuant to O. C. G. A. §44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above described mortgage is as follows: THE PARK AVENUE BANK, P. O. BOX 3730, VALDOSTA, GA 31604 TELEPHONE: 229-242-7758. The foregoing notwithstanding, nothing in O. C. G. A.§44-14-162.2 shall be construed to require THE PARK AVENUE BANK to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.

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.
This 30th day of October, 2009.
THE PARK AVENUE BANK AS ATTORNEY IN FACT FOR SHARON S. JOSEY
DAVID M. WOLFSON, P. C.
Attorney at Law
1010 Williams Street
Valdosta, GA 31601
(229) 257-0080
State Bar No. 773395

NOTICE OF SALE UNDER POWER
GEORGIA, DECATUR 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 STEPHEN W. BARBER AND JENNIFER BARBER F/K/A JENNIFER BOYD to AMERIS dated March 16, 2006, recorded in Deed Book 214 Pages 62-65, Decatur County, Georgia Records, conveying the after-described property to secure a Note in the amount of One Hundred Thirty-Six Thousand Fifty-Five Dollars and 60/100 ($136,055.60) 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 Decatur County, Georgia, within the legal hours of sale on the first Tuesday in December, 2009, the following described property:
All of that certain tract or parcel of land situate, lying and being in Land Lot No. 42 in the 21st Land District of Decatur County, Georgia and more particularly described as follows: Commencing at the northeast corner of Land Lot No. 42 and running thence southerly along the center line of an unpaved county road a distance of 1518.00 feet; thence south 88 degrees 50 minutes west a distance of 25.00 feet to the point of beginning. Thence south 00 degrees 56 minutes east along the westerly line of an unpaved road a distance of 180 feet; thence south 88 degrees 50 minutes west a distance of 240 feet; thence north 00 degrees 56 minutes west a distance of 180 feet; thence north 88 degrees 50 minutes east a distance of 240 feet to the point of beginning. The unpaved county road described above is now paved and is known as Hales Landing 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 said Security Deed and by law, including attorneys fees (notice of intent to collect attorneys 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 STEPHEN W. BARBER AND JENNIFER BARBER F/K/A JENNIFER BOYD or a tenant or tenants.

Pursuant to O. C. G. A. §44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above described mortgage is as follows: AMERIS BANK, P.O. BOX 165, OCILLA, GA 31774. Telephone: 229-468-9411. The foregoing notwithstanding, nothing in O. C. G. A.§44-14-162.2 shall be construed to require AMERIS BANK to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.

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.

This 23rd day of October, 2009.

AMERIS N/K/A AMERIS BANK AS ATTORNEY IN FACT FOR STEPHEN W. BARBER AND JENNIFER BARBER F/K/A JENNIFER BOYD

DAVID M. WOLFSON, P. C.
Attorney at Law
1010 Williams Street
Valdosta, GA 31601
(229) 257-0080
State Bar No. 773395
 

Return To Classifieds Front | Go Back To Category Listing