Newspaper Page Text
PAGE 8C
THE JACKSON HERALD
WEDNESDAY, NOVEMBER 21, 2007
Public Baeofds & L^gal Notices
DEADLINE: Noon on Thursday WEBSITE: www.mainstreetnews.com
Civil Lawsuits
Superior Court
• NCO Portfolio Management, Inc. A/A/O Citibank vs. Anissa Kearney -
Suit on Account
•Barbara M. McClelland vs. Jackson County Georgia and Michael
Holloway - Complaint for Damages
• Wells Fargo Bank, N.A. vs. Russell W. Milstead - Garnishee - P & E
Trucking, Inc. - Affidavit for Continuing Garnishment
• Georgia Receivables, Inc. A/A/O Chase Manhattan Bank vs. Johnny
Scroggs - Suit on Account
•Morris D. Durden vs. Victoria L. Townley and James A. Townley -
Complaint for Damages
• Collins Financial Services, Inc. A/A/O American Investment Bank N.A.
vs. Kevin Tuttle - Complaint on a Contract
• FLA Card Services, N.A. F/K/A MBNA America Bank, N.A. vs. David B.
McCue - Application to Confirm an Arbitration Award
• State of Georgia Department of Revenue vs. David Flores - Garnishment
- Kubota Industrial Equipment Corporation - Affidavit for Continuing
Garnishment
•Jackson County Water & Sewerage Authority vs. 0.334 Acres of Land,
Leslie D. Kimbell and Mers Nominee for America's Wholesale Lenders -
Condemnation
•Elite Recovery Services Inc. Assignee Household Bank (SB) N.A. vs.
Earnestine Johnson - Suit on Account
• Capital One Bank vs. Raziur R. Rahman - Suit on Account
• Credit Acceptance Corporation vs . Samuel Willingham - Community
Bank & Trust - Affidavit for Garnishment
• Capital One Bank vs. Donnie C. Neese - Suit on Account
• Audrey McDaniel vs. Joseph Lindsey - Stalking Three Year/Permanent
Protective Order
•Wayne Douglas Penney Sr. vs. Kaitlin - Petition for Termination of
Parental Rights
•Teddy Taylor vs. Joshua S. Battles - Complaint for Damages
• Four Divorce Cases were Filed
November 17, 2007 - November 13, 2007
State Court
•General Motors Acceptance Corp. vs. Sherry D. Adair - Garnishee -
Sumitomo Plastics - Continuing Garnishment
•Assignee of Persolve, LLC and Orchard Bank/Household vs. Pamela J.
Pellegrini - Complaint on Account
• Athens Regional Medical Center, Inc. vs. Darrell V. Morris - Garnishee -
Kubota Manufacturing of America - Continuing Garnishment
•Athens Regional Medical Center, Inc. vs. Linda J. Walton - Complaint
on Open Account
•Athens Regional Medical Center, Inc. vs. Teresa Edwards - Complaint
on Open Account
• Capital One Bank vs. Mary Fortson - Suit on Account and Agreement
•American Express Centurion Bank vs. Julie Soltis - Complaint on
Account
• Athens Regional Medical Center, Inc. vs. Randy Moody - Complaint on
Open Account
•Atlantic Credit & Finance, Inc. vs. Rogelio P. Menendez - Complaint for
Breach of Contract
• Hix Electric, Inc. vs. Rhonda Howington - Garnishee - Body Plex East
Athens, LLC - Continuing Garnishment
November 7, 2007 - November 13, 2007
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of a default in the pay
ment of the indebtedness secured by
a Security Deed executed by LUIS
F. DUQUE to A AMES FUNDING
CORPORATION DBA AAMES
HOME LOAN dated January 24,
2006, and recorded in Deed Book
42-M, Page 164, Jackson County
Records, said Security Deed hav
ing been last sold, assigned, trans
ferred and conveyed to US Bank
National Association, as Trustee
for the Structured Asset Securities
Corporation Mortgage Loan Trust
2006-AMI, by Assignment secur
ing a Note in the original principal
amount of $149,520.00, the holder
thereof pursuant to said Deed and
Note thereby secured has declared
the entire amount of said indebted
ness due and payable and, pursuant
to the power of sale contained in
said Deed, will on the first Tuesday,
December 4, 2007, during the legal
hours of sale, before the Courthouse
door in said 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 GMD 1785, Jackson
County, Georgia, being Lot 90,
Block A, Liberty Estates Subdivision,
Unit One, as per plat recorded in
Plat Book 64, Pages 61-66, Jackson
County, Georgia Records, which
recorded plat is incorporated herein
by reference and made a part of this
description.
Said property is known as 538
New Liberty Way, Braselton, GA
30517, together with all fixtures
and personal property attached to
and constituting a part of said prop
erty, if any.
Said property will be sold sub
ject to any outstanding ad valorem
taxes (including taxes which are a
lien, whether or not now due and
payable), the right of redemption
of any taxing authority, any mat
ters 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 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 attorney's fees in accor
dance with the terms of the Note
secured by said Deed.
Said property will be sold as the
property of Luis F. Duque, the prop
erty, to the best information, knowl
edge and belief of the undersigned,
being presently in the possession
of Luis F. Duque, and the proceeds
of said sale will be applied to the
payment of said indebtedness and
all the expenses of said sale, includ
ing attorney's fees, all as provided
in said Deed, and the balance, if
any, will be distributed as provided
by law.
US Bank National Association,
as Trustee for the Structured Asset
Securities Corporation Mortgage
Loan Trust 2006-AMI as Attorney-
in-Fact for Luis F. Duque
File no. 07-6388
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite
100
Atlanta, GA 30341
(770) 220-2730/HG
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR. ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV7,14,21,28B/1323 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of a default in the pay
ment of the indebtedness secured by
a Security Deed executed by SONDA
CLEMENTS-DAVIS to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. dated December 29,
2005, and recorded in Deed Book
42-D, Page 221, Jackson County
Records, said Security Deed having
been last sold, assigned, transferred
and conveyed to Deutsche Bank
National Trust Company, as Trustee
for Morgan Stanley Loan Trust
2006-HE2, by Assignment securing
a Note in the original principal
amount of $146,903.00, the holder
thereof pursuant to said Deed and
Note thereby secured has declared
the entire amount of said indebted
ness due and payable and, pursuant
to the power of sale contained in
said Deed, will on the first Tuesday,
December 4, 2007, during the legal
hours of sale, before the Courthouse
door in said 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 GMD 245,
Jackson County, Georgia being Lot
16, Bryan Mill, Phase I, as per plat
recorded in Plat Book 62, Pages 230
and 231, Jackson County, Georgia
Records, which plat is incorporated
herein and made a part hereof by
reference.
Said property is known as 82
Weaver Drive, Jefferson, GA 30549,
together with all fixtures and per
sonal property attached to and con
stituting a part of said property, if
any.
Said property will be sold sub
ject to any outstanding ad valorem
taxes (including taxes which are a
lien, whether or not now due and
payable), the right of redemption
of any taxing authority, any mat
ters 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 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 attorney's fees in accor
dance with the terms of the Note
secured by said Deed.
Said property will be sold as the
property of SONDA CLEMENTS-
DAVIS, the property, to the best
information, knowledge and belief
of the undersigned, being pres
ently in the possession of SONDA
CLEMENTS-DAVIS , and the pro
ceeds of said sale will be applied
to the payment of said indebted
ness and all the expenses of said
sale, including attorney's fees, all
as provided in said Deed, and the
balance, if any, will be distributed as
provided by law.
Deutsche Bank National Trust
Company, as Trustee for Morgan
Stanley Loan Trust 2006-HE2 as
Attorney-in-Fact for SONDA
CLEMENTS-DAVIS
File no. 07-2385
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite
100
Atlanta, GA 30341
(770) 220-2730/HG
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR. ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV7,14,21,28B/1323 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 MACON THERESSA
TATE and KEVIN EDWARD TATE
to REGIONS MORTGAGE, INC.,
dated November 13, 2002, record
ed in Deed Book 28-H, Page 92,
Jackson County, Georgia Records,
conveying the after-described prop
erty to secure a Note in the origi
nal principal amount of FIFTY-TWO
THOUSAND AND 0/100 DOLLARS
($52,000.00), with interest thereon
as set forth therein, there will be sold
at public outcry to the highest bid
der for cash before the Courthouse
door of Jackson County, Georgia,
within the legal hours of sale on the
first Tuesday in December, 2007, 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, fail
ure to pay the indebtedness as and
when due and in the manner pro
vided 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 attor
neys 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 ordi
nances, 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 pos
session of the property is MACON
THERESSA TATE and KEVIN
EDWARD TATE or a tenant or ten
ants and said property is more com
monly known as 133 Bennett St,
Commerce, Georgia 30529.
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.
Regions Bank dba Regions
Mortgage, Inc. as Attorney-in-Fact
for MACON THERESSA TATE and
KEVIN EDWARD TATE
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
w w w. foreclosurehotline. net
MR/lr3 12/4/07
Our file no. 5145806-FT8
EXHIBIT A
All that tract or parcel of land
lying and being in the 255th G.M.D.,
Jackson County, Georgia, contain
ing 0.383 acres, more or less, as
shown on that plat and survey for
Kevin Tate and Teresa Tate, pre
pared by Ingram, Lord & Associates,
Registered Surveyors, dated
November 6, 2002, and recorded in
Plat Book 59, Page 300. Said plat,
as recorded, is hereby referenced for
a more detailed description of said
property. Subject to existing ease
ments and right of ways for public
roads and utilities now in use.
(NV7,14,21,28B/12062 5000)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of Sale
contained in that certain Security
Deed from KENNETH POOLE and
KIMBERELY H. POOLE to MAIN
STREET BANK, dated July 3, 2002,
recorded July 8, 2002, in Deed Book
26-Z, Page 341, Jackson County,
Georgia Records, said Security Deed
having been given to secure a Note
of even date in the original principal
amount of ONE HUNDRED ELEVEN
THOUSAND FIFTY FIVE AND
28/100 DOLLARS ($111,055.28),
with interest thereon as provided
for therein, said Security Deed hav
ing been last sold, assigned and
transferred to Branch Banking &
Trust Company, there will be sold
at public outcry to the highest bid
der for cash before the Courthouse
door of Jackson County, Georgia,
within the legal hours of sale on the
first Tuesday in December, 2007, all
property described in said Security
Deed including but not limited to
the following described property:
All that tract or parcel of land,
situate, lying and being in the
242nd District, G.M., Jackson
County, Georgia, containing 4.78
acres, more or less, and having such
shape, metes, courses, and distances
as more fully appear on a survey
entitled "Survey for Clifford Poole,
Jr.", dated November 30, 1982, by
Clelland A. Tyson, Registered Land
Surveyor, and recorded in Plat
Book 34, Page 26, in the Office of
the Clerk of the Superior Court of
Jackson County, Georgia, reference
to which is hereby made for a more
particular description of the prop
erty herein conveyed.
Also included herewith is a 20"
ingress/egress easement as shown
on the above referenced plat.
Said property is commonly
known as 94 Riley Road, Jefferson,
Georgia 30549.
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 pay
ments provided for under the terms
of the Security Deed and Note.
Said property will be sold sub
ject to the following items which
may affect the title to said prop
erty: 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; 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 pos
session of the property is KENNETH
POOLE and KIMBERELY H. POOLE
or tenant (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 above law firm
is acting as a debt collector. Any
information obtained will be used
for that purpose.
BRANCH BANKING & TRUST
COMPANY as Attorney-in-Fact for
KENNETH POOLE AND KIMBERELY
H. POOLE
Contact: Glen D. Rubin
Adorno & Yoss, L.L.C.
Two Midtown Plaza
1349 West Peachtree Suite 1500
Atlanta, GA 30309
WWW.ADORNO.COM/
ATLDOCS/SALES.HTML
TEL (888) 890-5309
ADORNO File No. 212495.0477
(NV7,14,21,28B/13997 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of a default in the pay
ment of the indebtedness secured
by a Security Deed executed by
BONNIE CARROLL to PEOPLE'S
CHOICE HOME LOAN, INC. dated
January 26, 2001, and recorded in
Deed Book 22-S, Page 622, Jackson
County Records, said Security Deed
having been last sold, assigned,
transferred and conveyed to Wells
Fargo Bank, National Association,
as trustee under the applicable
agreement by: Saxon Mortgages
Services, Inc. f/k/a Meritech
Mortgage Services, Inc. as its attor-
ney-in-fact, by Assignment securing
a Note in the original principal
amount of $52,000.00, the holder
thereof pursuant to said Deed and
Note thereby secured has declared
the entire amount of said indebted
ness due and payable and, pursuant
to the power of sale contained in
said Deed, will on the first Tuesday,
December 4, 2007, during the legal
hours of sale, before the Courthouse
door in said 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,
together with the improvements
thereon situate, lying and being in
the 245th District, G.M., Jackson
County, Georgia, and being 2.40
acres, according to that certain
plat of survey dated July, 1951 and
recorded in Plat Book 4, Page 357 of
the Jackson County records. Which
plat and record thereof is referred
to herein for a more complete and
detailed description.
Less and Except:
1.12 acres conveyed to Phillip and
Dorothy Hansford by warranty deed
dated June 14, 1984 and filed June
14, 1984, Deed Book 8-Q, Page 178.
Said tract is shown on plat dated
June 7, 1984 and filed in Plat Book
21, Page 3, aforesaid records.
Less and Except:
That tract containing 0.28 acres
conveyed to Donny and Vickey
Carroll by warranty deed dated
June 14, 1984 and filed June 14,
1984, Deed Book 8-Q, Page 179.
Said tract is shown on plat dated
June 7, 1984, and filed in Plat Book
21, Page 4, aforesaid records.
Said property is known as 1301
Athens Street, Jefferson, GA 30549,
together with all fixtures and per
sonal property attached to and con
stituting a part of said property, if
any.
Said property will be sold sub
ject to any outstanding ad valorem
taxes (including taxes which are a
lien, whether or not now due and
payable), the right of redemption
of any taxing authority, any mat
ters 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 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 attorney's fees in accor
dance with the terms of the Note
secured by said Deed.
Said property will be sold as the
property of BONNIE CARROLL, the
property, to the best information,
knowledge and belief of the under
signed, being presently in the pos
session of BONNIE CARROLL, and
the proceeds of said sale will be
applied to the payment of said
indebtedness and all the expenses
of said sale, including attorney's
fees, all as provided in said Deed,
and the balance, if any, will be dis
tributed as provided by law.
Wells Fargo Bank, National
Association, as trustee under the
applicable agreement by: Saxon
Mortgages Services, Inc. f/k/a
Meritech Mortgage Services, Inc. as
its attorney-in-fact as Attorney-in-
Fact for BONNIE CARROLL
File no. 07-6070
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite
100
Atlanta, GA 30341
(770) 220-2730/HF
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR. ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV7,14,21,28B/1323 7000)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the pay
ment of the indebtedness, secured
by a Security Deed executed by
JAMES FERGUSON and MICHELLE
FERGUSON to OPTION ONE
MORTGAGE CORPORATION dated
March 21, 2005, in the amount of
$129,200.00, and recorded in Deed
Book 38-E, Page 365, Jackson County,
Georgia Records; as last transferred
to U.S. Bank, National Association,
as trustee for J.P. Morgan Mortgage
Acquisition Corp. 2005-OPT1 Asset
Backed Pass-Through Certificates
Series 2005-OPT1 by assign
ment; the undersigned, U.S. Bank,
National Association, as trustee for
J.P. Morgan Mortgage Acquisition
Corp. 2005-OPT1 Asset Backed
Pass-Through Certificates Series
2005-OPT1 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 con
tained in said deed, will on the first
Tuesday in December, 2007, dur
ing the legal hours of sale, at the
Courthouse door in Jackson County,
sell at public outcry to the high
est bidder for cash, the property
described in said deed to-wit:
All that tract or parcel of land
lying and being in the City of
Commerce, 255th District, G.M.,
Jackson County, Georgia, being Lot
2 on a plat of survey prepared for
B&D properties by Barry D. Lord,
Registered Land Surveyor, dated
March 29, 2001, revised August 14,
2003, recorded in Plat Book 61,
Page 197, Jackson County, Georgia
records, said plat being incorpo
rated herein and made reference
hereto.
which has the property address
of 267 Victoria St., Commerce,
Georgia, together with all fixtures
and other personal property con
veyed by said deed.
The sale will be held subject to any
unpaid taxes, assessments, rights-
of-way, easements, protective cov
enants 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
continued on following page