About The champion newspaper. (Decatur, GA) 19??-current | View Entire Issue (Nov. 21, 2019)
THE CHAMPION LEGAL SECTION, THURSDAY, NOVEMBER 21 - 27,2019 PAGE 40 350-430540 11/21,11/28jj IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA DEKALB COUNTY, GEORGIA, Plaintiff, vs. All that tract or parcel of land ly ing and being in Land Lot 46 of 18th District, DeKalb County, Georgia, being Lot 14, Block 3 of the Eskimo Heights Subdivi sion as per Plat recorded in Plat Book 8, Page 64, DeKalb County, Georgia Records, which plat is incorporated herein by reference and made a part of this description; known as 636 Warren Avenue, Parcel 18-046-01-142; et. seq. Defendants. CASE FILE NO. 13-CV-11291- 1 636 Warren Avenue Parcel ID No. 18-046-01-142 (Previously filed as 640 War ren Avenue) AMENDED FINAL ORDER The above-styled matter comes before this Court upon Plaintiffs Motion to Amend Fi nal Order, filed on October 4, 2017, to correct a scrivener's error of the identified property address in the Final Order entered by this Court on May 19, 2014. This Court hereby GRANTS Petitioner's motion and makes the following amendments to the Final Or der. On October 11, 2013, plaintiff filed its complaint-in-rem, /is pendens and swnmons. Con sistent with O.C.G.A. § 41-2- 12(a), these pleadings were served on the parties. The complaint was posted on the property, and a copy of the Rule Nisi notice was published in The Champion Newspaper. None of the parties filed an an swer. FINDINGS OF FACT The property is located in unin corporated DeKalb County, Georgia at 636 Warren Aven ue, Scottsdale, GA 30079 in a single-family residential district. Since 2009, the property has been in a state of disrepair as follows: GPY {I) The burnt structure is con sidered dangerous and unfit for human habitation which imper ils the health, safety and wel fare of the citizens of the neigh borhood, and has become a haven for vagrants. (2) The unsecured structure is structurally unsound and cre ates a general nuisance to the public. (3) It must be boarded-up ac cording to county code specific ations. (4) The roof is damaged and in disrepair. (5) The exterior and interior home must be repaired. (6) The broken front windows and doors must be repaired or replaced. (7) The property is a blighting influence on the neighborhood. It was cited for various other vi olations including failure to cut excessive high weeds and grass; to remove open storage of trash and debris; to maintain the exterior in good condition, and to clean the interior of trash and debris. RULING OF THE COURT Based on the evidence presen ted in this case, the court FINDS the following: a. Pursuant to the Code of DeKalb County§ 18-69 and O.C.G.A. § 42-1-7, et. seq, the subject property is unfit for hu man habitation, and is danger ous and imperils the health, safety and welfare of the cit izens of the county. b. Within 60 (sixty) days of the execution of this Order, the court authorizes the Defend ants, owners and interested parties, to repair the items lis ted above. All repairs must comply with the applicable codes and regulations. After 60 (sixty) days, the Plaintiff shall re-inspect the property for com pliance. c. If the Defendants, owners and interested parties, fail to re pair or demolish the structure, the court authorizes the plaintiff to repair or demolish the struc ture. After the expiration of the 60 (sixty) days, the Plaintiff's abatement actions shall com mence within 270 (two hun dred and seventy) days. If these actions are prohibited by an injunction, issued pursuant to O.C.G.A. § 41-2-13, or any equitable relief granted by a court of competent jurisdiction, then those days shall not be counted toward the Plaintiff's abatement days. d. Pursuant to O.C.G.A. § 41-2- 9(a)(5), after the expiration of the 60 (sixty) day repair/abate ment period, the court author izes the Plaintiff to place a plac ard on the property which shall remain on the property until all of the remedial and demolition work is complete. e. These findings of fact shall be posted on the property and advertised in The Champion Newspaper. f. The Plaintiff shall make reas onable efforts to salvage re usable materials for credit against the costs of demolition. g. All demolition costs shall constitute a Hen against the property including the removal of salvaged materials; all court costs; appraisal fees; permit costs; administrative costs; ad vertisement costs; restoration to grade of the real property after demolition; attorney's fees, and all other costs neces sarily associated with this com- plaint-in-rem action. h. This court grants permission to the plaintiff to maintain grass and weeds on the property be low 12 (twelve) inches. i. The Plaintiff shall confirm with the Georgia Power officials to ensure that the utilities are cut off and capped at the street. So ORDERED, this 4th day of October, 2017, nunc pro tunc to May 19,2014. The Honorable Courtney L. Johnson Superior Court of DeKalb County, GA ++13-CV-11291-1 636 Warren Avenue/ 18-046-01 -^(Previ ously filed as 640 Warren Av enue) AMENDED FINAL OR- DER++ 350-430541 11/21,11/28,12/5 12/12jj IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA AMY L. DETHAMPLE and CHARLES SCHAKE Petitioners v. PATRICK J. GEHEREN, P.C. A/K/A/ THE GEHEREN FIRM, P.C., Respondent. C/A File No. ++19CV9710++ NOTICE OF PUBLICATION By order for service by publica tion dated November 5, 2019, Respondents, Known and Un known Heirs of Michael Schake are hereby notified that PATRICK J. GEHEREN, P.C. AKA THE GEHEREN FIRM, P.C., filed countersuit against them for Equitable Reforma tion and Declaratory Judgment on October 22, 2019. Respondents Known and Un known Heirs of Michael Schake are required to file with the Clerk of Superior Court, and serve upon Plaintiffs Attorney, Brian J. Hooper, an answer in writing within sixty (60) days of the date of the order for public ation. WITNESS, the Honorable Sta cey K. Hydrick by Order of Pub lication of this Superior Court. This the 12th day of November, 2019 Clerk, Superior Court Prepared and Presented By: The Geheren Firm, P.C. 1st Brian J. Hooper Brian J. Hooper Ga Bar No. 940480 4828 Ashford Dunwoody Road, 2nd Floor Atlanta, Georgia 30338 T: (678) 587-9500 F: (678) 587-9098 bhooper@geherenlaw.com 350-430542 11/21,11/28,12/5 12/12jj IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA DINKU TWO. LLC Petitioner, v. CGP MANAGEMENT & ASSO CIATES, LLC; DARRICK WRIGHT; STEPHANIE WRIGHT; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as successor-by-merger to WASH INGTON MUTUAL BANK FA; ALL FAMILY FINANCE LLC; NORTH HILLS ORTHOPEDIC AND REHABILITATION LLC; SOMERSET CONDOMINIUM ASSOCIATION, INC.; TEN ANT/OWNER/OCCUPANT OF 2707 PENWOOD PLACE, DEKALB COUNTY TAX PAR CEL NUMBER 16 088 03 037 Respondents. CIVIL ACTION FILE NO. 19CV7827 NOTICE OF SERVICE OF SUMMONS BY PUBLICATION TO: a. TENANT/OWNER/OCCU PANT OF 2707 PENWOOD PLACE; b. DARRICK WRIGHT; c. STEPHANIE WRIGHT; d. NORTH HILLS ORTHOPED IC AND REHABILITATION LLC; You are hereby notified that the above styled action, seeking to remove clouds on the Petition er's title to certain real property caused by the equities of re demption following a tax sale, as specifically provided by O.C.G.A § 23-3-44, related to property located at 2707 PEN- WOOD PLACE, DEKALB COUNTY TAX PARCEL NUM BER 16 088 03 037 was filed against you in the Superior Court of Dekalb County on the 29th day of July, 2019, and that by reason of an Order for Ser vice of Summons by Publica tion entered by the Court on the 14th day of November, 2019, you are hereby commanded and required to file with the Clerk of said Court and serve upon John Coleman, Attorney at Law, whose address is 675 Seminole Ave., Suite 302, At lanta, GA 30307 an Answer to the Complaint within sixty (60) days of the Order for Publica tion. WITNESS, the Honorable Linda W. Hunter, Judge of said Court. This the 14th day of November 2019. Clerk of Superior Court, Dekalb County ++19CV7827 2707 PEN- WOOD PLACE/ 16 088 03 037++ 350-430543 11/21,11/28,12/5 12/12jj NOTICE OF FORECLOSURE OF RIGHT TO REDEEM [REF. O.C.G.A., Section 48-4-5 et seq.; 48-4-45 & 48-4-46] TO: GINA M. SOLOMON HSBC BANK USA, N.A., AS TRUSTEE FOR THE RE GISTERED HOLDERS OF RENAISSANCE EQUITY LOAN ASSET-BACKED CER TIFICATES, SERIES 2007-3 DJ MORTGAGE, LLC STATE OF GEORGIA, GOV ERNOR BRIAN KEMP HENRY F. WASHINGTON AS TRUSTEE OF THE HENRY F. WASHINGTON REVOCABLE TRUST TENANT/OWNER/OCCU PANT OF 2468 LESLIE BROOK DRIVE, AND ALL PERSONS KNOWN AND UN KNOWN HAVING OF RE CORD IN DEKALB COUNTY ANY RIGHT, TITLE, IN TEREST IN, OR LIEN UPON 2468 LESLIE BROOK DRIVE RE: FORECLOSURE OF EQUITY OF REDEMPTION FOR TAX SALE DEED (REF. O.C.G.A. § 48-4-45, 46) Take notice that: The right to redeem the follow ing described property, to wit will expire and be forever fore closed and barred as of five o'clock (5 p.m.) on and after December 30, 2019, or within 30 days after legal service of the Notice pursuant to OCGA 48-4-45 et seq., whichever date is later: All that Tract or Parcel Of Land lying And Being In Land Lot 158 Of The 15th District, DeKalb County, Georgia, Be ing Lot 3, Block C, Leslie Es tates, Unit II, As Per Plat Re corded In Plat Book 74, Page 58, DeKalb County, George Records, To Which Reference is Made for the Purpose Of In corporating The Same As A Part Herein; being that prop erty known as ++2468 LESLIE BROOK DRIVE++ according to the present system of number ing homes and having tax par cel identification number 15 158 12 018. The tax deed to which this no tice relates is dated November 6, 2018, and is recorded at Deed Book 27320, Page 363 in the Office of the Clerk of the Superior Court of DeKalb County, Georgia. The property may be re deemed on or before the time and date stated above by pay ment of the redemption price as fixed and provided by law to the undersigned at the following address: MS CADS, LLC c/o John Coleman, Esq. Coleman Law, LLC 675 Seminole Avenue, Suite 302 Atlanta, Georgia 30307 404.974.4537 Please be governed accord ingly. 350-430544 11/21,11/28,12/5 12/12jj NOTICE OF FORECLOSURE OF RIGHT TO REDEEM [REF. O.C.G.A., Section 48-4-5 et seq.; 484-45 & 48-4-46] TO: DEANNA AVERY DEKALB COUNTY, GEORGIA TENANT/OWNER/OCCU PANT OF 7631 POND VIEW LANE, AND ALL PERSONS KNOWN AND UNKNOWN HAVING OF RECORD IN DEKALB COUNTY ANY RIGHT, TITLE, INTEREST IN, OR LIEN UPON 7631 POND VIEW LANE RE: FORECLOSURE OF EQUITY OF REDEMPTION FOR TAX SALE DEED (REF. O.C.G.A. § 48-4-45, 46) Take notice that: The right to redeem the follow ing described property, to wit will expire and be forever fore closed and barred as of five o'clock (5 p.m.) on and after December 30 2019, or within 30 days after legal service of the Notice pursuant to OCGA 48-4-45 et seq., whichever date is later: All that tract or parcel of land ly ing and being in Land Lot 198 of the 16th District of DeKalb County, Georgia being Lot 28, Block A, Pleasant Hollow Sub division, as per plat thereof re corded in Plat Book 137, pages 73-74, DeKalb County Records, which plat is incorporated herein by reference. That prop erty known as ++7631 POND VIEW LANE++ according to the present system of numbering homes and having tax parcel identification number 16 198 01 186. The tax deed to which this no tice relates is dated November 6, 2018, and is recorded at Deed Book 27320, Page 379 in the Office of the Clerk of the Superior Court of DeKalb County, Georgia. The property may be re deemed on or before the time and date stated above by pay ment of the redemption price as fixed and provided by law to the undersigned at the following address: MS CADS, LLC c/o John Coleman, Esq. Coleman Law, LLC 675 Seminole Avenue, Suite 302 Atlanta, Georgia 30307 404.974.4537 Please be governed accord ingly. Sheriffs Sale 360-430322 11/7,11/14 11/21,11/28jj NOTICE OF JUDICIAL FORECLOSURE State of Georgia DeKalb County Under and by virtue of O.C.G.A. § 44-3-109, the De claration of Condominium for Blue Sky Residential Con dominium, as may be amended, filed of record in the DeKalb County, Georgia re cords, and by virtue of the Court's Final Order and Judg ment Order entered July 1, 2019, in Civil Action File No. 2019-CV-316269, Superior Court of Fulton County, as fur ther evidenced by Writ of Fieri Facias filed in Lien Book 4579, Page 482, Records of Fulton County, Georgia, and by Writ of Fieri Facias filed in Lien Book 2211, Page 250, Records of DeKalb County, Georgia, there will be sold by the DeKalb County Sheriffs Office at pub lic outcry to the highest bidder for cash before the courthouse door of DeKalb County, Geor gia within the legal hours of sale on the first Tuesday in December 2019, to wit, Decem ber 3, 2019, the following de scribed property: Tax Parcel ID: 15-202-03-129 All that tract or parcel of land ly ing and being in Land Lot 202 of the 15th District of DeKalb County, Georgia, being more particularly described as fol lows: Condominium unit Number D-9 (also known as Unit 9 of Build ing D and as Unit 9 of Compon ent D) of Blue Sky Residential Condominium, as more particu larly described and delineated in the Declaration of Condomin ium for Blue Sky Residential Condominium (the "Declara tion") recorded in Deed Book 19352, Page 522, et seq., DeKalb County, Georgia, Re cords, as amended in Deed Book 214781 Page 380, et seq., aforesaid records, togeth er with all other and further amendments thereof, including all interest in the common ele ments of said Condominium appurtenant to said Unit. This conveyance is made sub ject to the Declaration and all matters referenced therein; all matters shown on the plat re corded in Plat Book 178, Page 102, aforesaid records, as amended by the plat recorded in Plat Book 213, Page 4, aforesaid records, together with all other and further amend ments thereof; and all matters shown on the floor plans recor ded in Plat Book 178, Page 1031 etseq., aforesaid records, as amended by floor plans re corded in Plat Book 213, Page 5, et seq., aforesaid records, together with all other and fur ther amendments thereof. This conveyance is made sub ject also to the Declaration of Condominium of Blue Sky Mas ter Condominium recorded in Deed Book 19352, Page 451 et seq., aforesaid records, togeth er with all other and further amendments thereof; all mat ters shown on the plat recor ded in Plat Book 178, Page 71, aforesaid records, together with all other and further amend ments thereof; and all matters shown on the floor plans recor ded in Plat Book 178, Page 721 et seq., aforesaid records, to gether with all other and fur ther amendments thereof. Being part of the property con veyed by deed recorded in Deed Book 18572, Page 354, aforesaid records. The judgment debt secured by the Association's lien, which totals $4,791.66 plus any ap plicable advertisement fees, costs, and interest as of November 5, 2019, has been and is hereby declared due be cause of failure to pay the in debtedness as and when due and in the manner provided for in the Declaration. The debt re maining in default, this sale will be made for the purpose of paying same and all expenses of the sale, as provided in the Georgia Condominium Act, O.C.G.A. § 44-3-70, et seq., and the Declaration. The ex cess, if any, will be distributed to the person or persons leg ally entitled thereto. To the best knowledge and be lief of the undersigned, the party(ies) in possession of the Subject Property known as ++3106 Memorial Drive, Unit D- 9, Atlanta, GA 30317,++ is Red Hair Investment Group, LLC. Said property will be sold sub ject 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, (c) the Declara tion, as amended, (d) all mat ters of record superior to the condominium lien first set out above, and (e) any encum brances, zoning ordinances, re strictions, covenants and mat ters of record superior to the condominium lien first set out above. Notice is also hereby given of a special assessment in the amount $51,052.24 levied by the Association against the subject property on August 8, 2019, each which remains un paid and outstanding and which is separate and in addition to the $4,791.66 judgment amount described above. Sub ject to applicable law, it is the intent of the Association that the property will also be sold subject to the lien of foregoing amounts of the special assess ments. The sale will be conducted sub ject to (1) confirmation that the sale is not prohibited under the United States Bankruptcy Code, and (2) final confirma tion and audit of the status of the lien with the holder of the Order to foreclose. The above referenced sale will proceed unless a timely order from a court of competent juris diction is obtained stopping or enjoining the DeKalb County Sheriffs Office from conduct ing the sale. You are hereby advised to consult with your personal attorney regarding any and all options you may have with regards to this notice. For information regarding this foreclosure, please contact: Blue Sky Residential Con dominium Association, Inc. c/o John F. Woodham Woodham Law, LLC 2870 Peachtree Road NW, #915-3147 Atlanta, Georgia 30305 Tele: (404) 862-2480 Fax: (404) 478-6510 360-430323 11/7,11/14 11/21,11/28jj NOTICE OF JUDICIAL FORECLOSURE State of Georgia DeKalb County Under and by virtue of O.C.G.A. § 44-3-109, the De claration of Condominium for Blue Sky Residential Con dominium, as may be amended, filed of record in the DeKalb County, Georgia re cords, and by virtue of the Court's Final Order and Judg ment Order entered July 1, 2019 in Civil Action File No. 2019-CV-316194, Superior Court of Fulton County, as fur ther evidenced by Writ of Fieri Facias filed in Lien Book 4579, Page 484, Records of Fulton County, Georgia, and by Writ of Fieri Facias filed in Lien Book 2211, Page 251, Records of DeKalb County, Georgia, there will be sold by the DeKalb County Sheriff’s Office at pub lic outcry to the highest bidder for cash before the courthouse door of DeKalb County, Geor gia within the legal hours of sale on the first Tuesday in December 2619, to wit, Decem ber 3, 2019, the following de scribed property: Tax Parcel ID: 15-202-03-106 All that tract or parcel of land ly ing and being in Land Lot 202 of the 15th District of DeKalb County, Georgia, being more
