Newspaper Page Text
PAGE 12C
THE JACKSON HERALD
WEDNESDAY, MAY 27, 2009
Public Notices Continued
and became fully due and pay
able in full, pursuant to the
terms of said Note on January
25, 2009, and by reason of the
failure of CUSTOM DREAM
HOMES, LLC to pay said
Note together with all accrued
and unpaid interest and late
charges due thereon when said
Note became due, GWINNETT
COMMUNITY BANK will, pur
suant to the power of sale con
tained in said Deed to Secure
Debt, sell at public outcry on
the first Tuesday in June, 2009,
during the legal hours of sale
before the Courthouse door in
Jackson County, Georgia to
the highest and best bidder
for cash the property described
in said Deed to Secure Debt,
to-wit:
ALL THAT TRACT OR
PARCEL OF LAND lying and
being in GMD 248 of Jackson
County, Georgia and being
designated as Lots 17, 18, 19,
20, 21, 22, 23, 24, 25 and 26 of
Braselton Farms Subdivision,
according to that Final Plat for
Braselton Farms Subdivision
prepared by Ringo Abernathy
& Associates, certified by Kevin
V. Ringo, GA RLS #2278 and
S. Guy Abernathy, GA RLS
#15252 dated 06/07/06 and
recorded in Plat Book 68, Page
89, Jackson County, Georgia
Records, which plat is incorpo
rated herein and made a part
hereof by reference thereto for
a more complete description of
the property conveyed herein.
Said property will be sold
subject 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 tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
The sale will be conducted
subject to confirmation that the
sale is not prohibited under the
U.S. Bankruptcy Code.
Notice has been given as
required by law of the intention
to enforce provisions for the
collection of attorney’s fees and
costs of foreclosure in accor
dance with legal requirements
and the terms of the above
Note and Deed to Secure Debt
securing said Note. Said prop
erty will be sold as the property
of CUSTOM DREAM HOMES,
LLC. The proceeds of said
sale will be used to pay the
expenses of said sale, to pay
the sums secured by said Deed
to Secure Debt with the excess,
if any, to be paid to such other
persons entitled to the same as
provided by law.
Said sale shall further be
made subject to any and all
easements, restrictions or cov
enants of record which pre
dated the date of the Security
Deed being foreclosed hereby.
The property in the Deed to
Secure Debt referred to here
inabove is residential real prop
erty, provided, however, that
the loan is a commercial loan
and notice of said foreclosure
is not required by Official Code
of Georgia Annotated Section
44-14-162.2 as amended,
Georgia Laws 1981. T o
the best of the knowledge of
the undersigned, the party in
possession of the property is
CUSTOM DREAM HOMES,
LLC.
The undersigned, as Attorney
in Fact for CUSTOM DREAM
HOMES, LLC will execute a
deed to the purchaser at said
sale as provided in the afore
said Deed to Secure Debt.
GWINNETT COMMUNITY
BANK, as Attorney in Fact for
CUSTOM DREAM HOMES,
LLC
By: W. PAUL KESMODEL,
JR. as Attorney for GWINNETT
COMMUNITY BANK
W. Paul Kesmodel, Jr., PC.
Attorney at Law
Post Office Box 2050
Duluth, Georgia 30096
770-476-5268 (Phone)
770-497-9416 (Fax)
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(MY6,13,20,27P4)
gpnll
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the
payment of the indebtedness
secured by a Security Deed
executed by JAMES COUCH
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated April 27, 2007, in the
amount of $420,950.00, and
recorded in Deed Book 48-N,
Page 547, Jackson County,
Georgia Records, as last trans
ferred to National City Bank by
assignment, the undersigned,
National City Bank pursuant to
said deed and the note there
by secured, has declared the
entire amount of said indebt
edness due and payable and
pursuant to the power of sale
contained in said deed, will
on the first Tuesday in June,
2009, during the legal hours of
sale, at the Courthouse door in
Jackson 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 the
245th GMD, Jackson County,
Georgia, being Lot 31, Sterling
Lake at Jefferson, as per
plat recorded in Plat Book
66, Pages 171-174, Jackson
County, Georgia Records, said
plat being incorporated herein
by reference thereto.
which has the property
address of 448 Lakeside Ct.,
Jefferson, Georgia, together
with all fixtures and other per
sonal property conveyed by
said deed.
The sale will be held subject
to any unpaid taxes, assess
ments, rights-of-way, ease
ments, 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
Couch 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.
National City Bank
Attorney in Fact for
James Couch
Anthony DeMarlo, Attorney/
canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08758 /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.
(MY6,13,20,27B/1325-50)
gpnll
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 FLORIN
MARTINAS to SUNTRUST
MORTGAGE, INC., dated
December 8, 2006, recorded
in Deed Book 46-S, Page
609, Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of THREE HUNDRED
THIRTY-THREE THOUSAND
AND 0/100 DOLLARS
($333,000.00), 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
Jackson County, Georgia with
in the legal hours of sale on the
first Tuesday in June, 2009, the
following described property:
All that tract or parcel of land
lying and being in GMD 455,
Jackson County, Georgia, being
Lot 14, Falls of Stockton Farm,
Unit 7-A, as per Plat recorded
in Plat Book 68, Pages 40-44,
Jackson County, Georgia
Records, which Plat is incor
porated herein by reference for
a more complete description of
the subject property.
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 attorneys
fees (notice of intent to col
lect attorneys fees having been
given).
Suntrust Mortgage, Inc. can
be contacted at 866-384-0903
or by writing to 1001 Semmes
Avenue, Richmond, VA 23224,
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 assess
ments, 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 prop
erty is Florin Martinas ora tenant
or tenants and said property is
more commonly known as 412
Trillium Trail, Pendergrass,
Georgia 30567.
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.
SunTrust Mortgage, Inc.
as Attorney in Fact for Florin
Martinas.
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/jas 6/2/09
Our file no. 1240409-FT2
(MY6,13,20,27B/12062-50T1P)
gpnll
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 JOHN
T. HADDEN, JR. and JOY
D. HADDEN to HOMEBANC
MORTGAGE CORPORATION,
dated December 9, 2005,
recorded in Deed Book 41-V,
Page 36, Jackson County,
Georgia Records, as last trans
ferred to U.S. Bank National
Association as Trustee for
the Certificateholders of
Structured Asset Mortgage
Investments II Inc. Bear
Stearns ARM Trust, Mortgage
Pass-Through Certificates,
Series 2005-12 by assignment
to be recorded in the Office
of the Clerk of Superior Court
of Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of TWO HUNDRED
EIGHTY THOUSAND EIGHT
HUNDRED AND 0/100
DOLLARS ($280,800.00), with
interest thereon as set forth
therein, there will be sold
at public outcry to the high
est bidder for cash before the
Courthouse door of Jackson
County, Georgia within the
legal hours of sale on the first
Tuesday in June, 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 attorneys
fees (notice of intent to col
lect 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 assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of
record superior to the Security
Deed first set out above.
The entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: EMC
Mortgage Corporation, 800
State Highway 121 Bypass,
Lewisville, TX 75067, 1-888-
577-4011. 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 prop
erty is John T. Hadden, Jr. and
Joy D. Hadden or a tenant
or tenants and said property
is more commonly known as
30 Bear Cub Way, Bogart,
Georgia 30622.
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.
U.S. Bank National
Association as Trustee for the
Certificateholders of Structured
Asset Mortgage Investments
II Inc. Bear Stearns ARM
Trust, Mortgage Pass-Through
Certificates, Series 2005-12
as Attorney in Fact for John
T. Hadden, Jr. and Joy D.
Hadden
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mcs 6/2/09
Our file no. 51064909-FT1
EXHIBIT A
All that tract or parcel of land,
together with all improvements
thereon, situate, lying and being
in the 1747th District, G.M.,
Jackson County, Georgia, and
being known and designated
as Lot 46, Block A, Bear Creek
Estates, and being more par
ticularly shown on a survey
entitled “Final Subdivision Plat
for Bear Creek Estates’’, dated
February 10, 2004, revised
March 11, 2004, and recorded
in Plat Book 62, Pages 243-
248, 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 property herein conveyed.
(MY6,13,20,27B/12062-701P)
gpnll
Notice of Sale
Notice of Sale Under Power
State of Georgia County of Jackson
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by CONSUELO
GIRAL to HOMEBANC
MORTGAGE CORPORATION
dated December 2, 2004,
and recorded in Deed Book
37-A, Page 753, Jackson
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to The Bank of New York
Mellon, fka The Bank of New
York as Successor in interest
to JPMorgan Chase Bank NA
as Trustee for Structured Asset
Mortgage Investments II Inc.
Bear Stearns ALT-A Trustee
2005-5, Mortgage Pass-
Through Certificates, Series
2005-5, by Assignment secur
ing a Note in the original prin
cipal amount of $171,400.00,
the holder thereof pursuant to
said Deed and 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, June 2, 2009, 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 1765,
Jackson County, Georgia, being
Lot 7, Arbor Pointe, Phase II, as
per subdivision plat recorded
in Plat Book 62, Pages 149-
ISO, Jackson County, Georgia
Records, which plat is hereby
referred to and made a part of
this description.
Said property is known as
175 Arbor Trace, Braselton,
GA 30517, together with all
fixtures and personal property
attached to and constituting a
part of said property, if any.
Said property will be sold
subject 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 tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 accordance with the
terms of the Note secured by
said Deed.
Said property will be sold as
the property of Consuelo Giral,
the property, to the best informa
tion, knowledge and belief of the
undersigned, being presently
in the possession of Consuelo
Giral, and the proceeds of said
sale will be applied to the pay
ment 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 distrib
uted as provided by law.
The Bank of New York
Mellon, fka The Bank of New
York as Successor in interest
to JPMorgan Chase Bank NA
as Trustee for Structured Asset
Mortgage Investments II Inc.
Bear Stearns ALT-A Trustee
2005-5, Mortgage Pass-
Through Certificates, Series
2005-5 as Attorney-in-Fact for
Consuelo Giral
File no. 09-011845
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER,
LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/KF
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS ADEBT COLLECTOR. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
[FC-NOS]
(MY6,13,20,27B/1323-60T1P)
gpnll
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
DONNA J. MCCRARY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS
INC., as nominee for
NATIONPOINT, A DIV. OF
FFFC, AN OP. SUB. OF MLB&T
CO., FSB, dated March 28,
2007, recorded in Deed Book
48-C, Page 21, Jackson County,
Georgia Records and Deed
Book , Page , County,
Georgia Records, and in Deed
Book , Page , County,
Georgia Records, as last trans
ferred to Bank of America,
National Association as suc
cessor by merger to LaSalle
Bank National Association, as
Trustee for Merrill Lynch First
Franklin Mortgage Loan Trust,
Mortgage Loan Asset-Backed
Certificates, Series 2007-3 by
assignment to be recorded
in the Office of the Clerk of
Superior Court of Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount of
ONE HUNDRED SIXTY-ONE
THOUSAND NINE HUNDRED
AND 0/100 DOLLARS
($161,900.00), 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
Jackson County, Georgia, with
in the legal hours of sale on the
first Tuesday in June, 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 attorneys
fees (notice of intent to col
lect 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 assess
ments, 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:
Home Loan Services, Inc., 150
Allegheny Center-ICD 23-521,
Pittsburgh, PA 15212, 800-
622-5035. 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 prop
erty is Donna J. McCrary or
a tenant or tenants and said
property is more commonly
known as 1617 Burnt Oak Ct.,
Jefferson, Georgia 30549.
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, National
Association as successor
by merger to LaSalle Bank
National Association, as
Trustee for Merrill Lynch First
Franklin Mortgage Loan Trust,
Mortgage Loan Asset-Backed
Certificates, Series 2007-3 as
Attorney in Fact for Donna J.
McCrary
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pr 6/2/09
Our file no. 5987509-FT1
EXHIBIT A
All that tract or parcel of land
lying and being in the 245th
District, G.M., Jackson County,
Georgia, being known as Lot 90,
Jefferson Place Subdivision, as
per plat recorded in Plat Book
64, Page 232, Jackson County,
Georgia Records, which plat is
incorporated herein and made
a part hereof by reference
(MY6,13,20,27B/12062-70T1P)
gpnll
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
JAMES E. ROEBUCK to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated May 17, 2007,
recorded in Deed Book 48-W,
Page 505, Jackson County,
Georgia Records, as last
transferred to Wells Fargo
Bank, NA by assignment to
be recorded in the Office of
the Clerk of Superior Court
of Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of ONE HUNDRED
SIXTY-THREE THOUSAND
THREE HUNDRED THIRTY-
SEVEN AND 0/100 DOLLARS
($163,337.00), 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
Jackson County, Georgia with
in the legal hours of sale on the
first Tuesday in June, 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 attorneys
fees (notice of intent to col
lect 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 assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of
record superior to the Security
Deed first set out above.
The entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: Wells
Fargo Home Mortgage, Inc.,
PO Box 10335, Des Moines,
IA 50306, 1-800-416-1472.
Please understand that the
secured creditor is not required
by law to negotiate, amend, or
modify the terms of the mort
gage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is James E. Roebuck or
a tenant or tenants and said
property is more common
ly known as 192 Creekdale
Drive, 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.
Wells Fargo Bank, NA as
Attorney in Fact for James E.
Roebuck
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/rxk2 6/2/09
Our file no. 5960009-FT5
EXHIBIT A
All that tract or parcel of land
lying and being in GMD 255,
City of Commerce, Jackson
County, Georgia, being Lot
22, of Millwood Station East
Subdivision, as per plat thereof
recorded in Plat Book 60, Page
42, Jackson County, Georgia
Records, which recorded plat
is incorporated herein by refer
ence and made a part of this
description.
Commonly known as: 192
Creekdale Drive, Commerce,
GA 30529
Parcel #022D 022E
(MY6,13,20,27B/12062-60T1P)
Help Keep
Jackson County
Beautiful!
continued on following page