Newspaper Page Text
WEDNESDAY, JUNE 10, 2009
THE JACKSON HERALD
PAGE 7C
Legal Notices
Civil Lawsuits
Superior Court
•Assignee of Atlantic Credit & Finance, Inc. HSBC
Bank of Nevada vs. Pamela A. Tumlin - suit on account
• Capital One Bank USA vs. Ashley J. Williams-suit
on account
• Capital One Bank vs. Janice V. Pressley - suit on
account
•State of Georgia vs. 2004 Honda Civic (VIN#
1HGEM223X4L038967) and Joe. T. Hardy - complaint
for forfeiture
•State of Geogia vs. $1,540 U.S. Currency and Joe
Marshall Shannon - complaint for forfeiture
• Mitchell and Lydia Oberding vs. Farmers and
Merchants Bank of Lakeland, James R. Turner and
Grace M. Tillman - emergency injunction and wrongful
foreclosure compensation
• Pathfinder Financial Corporation vs. Pamela S.
Price - complaint on a contract
•Wanda Bell vs. Joseph Carvin Bell - petition for
temporary protective order
• Discover Bank vs. Rita A. Pilgrim - suit on account
•Assignee of Arrow Financial Services, LLC
Friedman’s vs. Robert Clonts - suit on account
•As Successor Jeff, LLC Odyssey VI Commercial DP
XI, LLC vs. Jun Feng Zou - complaint for damages
•Assignee for Chase Hobe Financial Corporation vs.
Ninian D. Bond - complaint on a contract
• Holley Livingston vs. Zack Bare - petition for tem
porary protective order
• Bus Stop Financial Corporation As Assignee of
Chase Bank USA vs. Patrice J. Adams - complaint on
a contract
• Ford Motor Credit Company vs. Rickie C.
Christopher - complaint on a contract
• Deutsche Bank National Trust Company As Trustee
in Trust for the Benefit of the Certificate Holders for
AmeriQuest Mortgage Security vs. Thomas Slate and
Natalie Pritchard - petition for judicial foreclosure/
foreclosure in error
•Jeremy Smith vs. Brandy Logan - motion for
contempt
• Kerri Ellis Paradise vs. Joseph Franklin Paradise -
petition for temporary protective order
•Asset Acceptance LLC, Assignee of Discover Bank
vs. Alicia Michele Sapp - continuing garnishment
• CACH, LLC Assignee of MBVNA America vs. Jenny
Rebecca Marshall - suit on account
• RTC Financial Group, Inc. A/A/0 Chase Bank USA
vs. Sherri Chamberlain - complaint on a contract
• Beneficial Georgia, Inc. vs. Judy Harbin and Bryan
Harbin, suit on account
• Capital One Bank USA vs. Oris Brown, suit on
account
• Branch Banking & Trust Company vs. Gemandi
Properties of Braselton, Inc., Andrew H. Chandler, III
and James Parker - application for confirmation and
approval of foreclosure
• North Ga. Heating & Cooling vs. Sherri Stoner -
complaint on account appeal from Magistrate Court
• Northeast Georgia Bank vs. Rodney C. Guidry, Jr.
and Kathy K. Guidry - report of a complaint for confir
mation and approval
• Capital One Bank (USA) NAvs. Larene S. Copeland
- suit on account
• Midland Funding LLC A/A/0 HSBC Bank of Nevada,
NA vs. John Boswell - suit on account
• Discover Bank vs. Heather Carithers - suit on
account
Catherine Guerrero vs. Discover Bank - suit on
account
• Darren Brewer vs. Andy Matlock - complaint for
damages
• Capital One Bank (USA), NA vs. David A. Barnett,
Jr. - suit on account
•SunTrust Bank vs. Dustin Shawn Bonds - suit on
account
• Michael J. Wilmontvs. Michael A. Wilmont-com
plaint for recovery of child support
• Markeyla S. Moore vs. Jessie James Lee, II and
Mary L. Williams - petition to adopt agency recom
mendation
•William T. Ross vs. Damien Maddox - petition for
temporary protective order
• Lucus H. Cheatum vs. Marcus L. Cheatum - com
plaint for contempt
Nine divorces were filed
State Court
•Stuart Mechanical Service, Inc. vs. Sutton Classic
Homes, Inc. and Jeff Sutton - complaint on account
•Capital One Bank USA, NA vs. Lionel B. Tory -
complaint on account
•Cavalry Portfolio Services, LLC A/A/0 Cavalry SPV
I, LLC vs. Peter Stanley Wassam and American Deep
Foundation and Shoring, Inc. - affidavit of garnishment
•Green Tree Servicing Successor Michigan National
Bank vs. Jerry Bailey - petition for writ of possession
• Medical Center Anesthesiology of Athens PC DBA/
Medical Center of Anesthesia vs. Randy H. Head AKA/
RH Head AKA R. Head - suit on account, account stated
and contract
• Liberty Estates Homeowners Association, Inc. vs.
Curtis V. Turner - complaint on account
• Liberty Estates Homeowners Association, Inc. vs.
Melinda M. Ignacio - complaint on account
• Liberty Estates Homeowners Association, Inc. vs.
Marcelo Saucedo - complaint on account
• Liberty Estates Homeowners Association, Inc. vs.
Deyton J. Lozado and Juana 0. Lozado - complaint
on account
•Cavalry Portfolio Services, LLC As Assignee of
Cavalry SPV I, LLC vs. Rodney D. Young - complaint
on a contract
• Liberty Estates Homeowners Association, Inc. vs.
Clarence C. Mack and Amy R. Myers - complaint on
account
•Cavalry Portfolio Services, LLC As Assignee of
Cavalry SPV As Assignee vs. Audrey L. Neuschafer -
complaint on contract
•Consuelo Shanks vs. Ducardo Chapparo, Georgia
Farm Bureau Mutual Insurance Company and State
Farm Mutual Automobile Insurance Company - com
plaint for damages
•Chase Bank USA NA vs. John P. Evans - complaint
on contract
•TNC Finance, Inc. A/0 PAW Enterprises vs. Carlea
Bates - verified complaint on contract
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of
sale contained in that certain
Security Deed from HOODS
MILL DEVELOPMENT, INC.
to BRANCH BANKING AND
TRUST COMPANY, as succes
sor to MAIN STREET BANK,
dated August 4, 2006, and
recorded in Deed Book 442,
Page 671, Jackson County,
Georgia Records (hereinafter
referred to as “Deed to Secure
Debt”), said Deed to Secure
Debt securing a Promissory
Note (“Note”) in the original
principal sum of ONE MILLION
ONE HUNDRED SIXTEEN
THOUSAND AND 00/100
DOLLARS ($1,116,000.00),
with interest from said date
at the rate stated in said Note
on the unpaid balance until
paid, there will be sold by the
undersigned at public out
cry to the highest bidder for
cash before the Courthouse
at Jackson County, Georgia,
within the legal hours of sale
on Tuesday, July 7, 2009, the
property described on Exhibit
“A” attached hereto and incor
porated herein by reference.
The debts secured by said
Deed to Secure Debt have
been and are hereby declared
due and payable because of,
among other possible events
of default, failure to make pay
ments on said Note. The debts
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, includ
ing attorney’s fees.
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, restric
tions, easements, covenants,
and matters of record superior
to the Deeds to Secure Debt
first set out above, including,
but not necessarily limited to,
senior encumbrances that will
not be extinguished by the
foreclosure sale contemplated
by this Notice.
To the best knowledge and
belief of the undersigned,
the Party in possession of
the property is Hoods Mill
Development, Inc. or a tenant
or tenants, and said property
is more commonly known as
LOTS 29 AND 38, RIDGE
MILL MANOR SUBDIVISION,
JACKSON COUNTY,
GEORGIA. However, please
rely only on the legal descrip
tion contained in this notice
for the location of the property.
Please be advised that the
undersigned reserves the right
to sell the units separately or
together.
Branch Banking and Trust
Company
Attorney in Fact for Hoods
Mill Development, Inc.
Martin G. Quirk, Esq.
Angela M. Hurley, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive,
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of land
lying and being in G.M.D. 255
of Jackson County, Georgia,
being Lots 29 and 38 of Ridge
Mill Manor Subdivision, Phase
I, according to plat of survey
recorded in Plat Book 62, Page
175, Jackson County, Georgia
Records, which plat and the
record thereof are incorporated
herein by reference thereto.
(JN10,17,24JU1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Construction Deed
to Secure Debt and Security
Agreement made by LPI
BUILDERS GROUP, LLC, a
Georgia limited liability com
pany, Grantor, to COLONIAL
BANK, AN ALABAMA
BANKING CORPORATION,
AS SUCCESSOR THROUGH
CONVERSION TO COLONIAL
BANK, N.A., Grantee, on
the 31st day of May, 2005,
(“Security Deed”), said deed
recorded on June 6, 2005, in
the Superior Court of Jackson
County, Georgia, in Deed
Book 39D, Page 123, con
veying the after-described
property to secure that certain
Non-Consumer Real Estate
Note from Grantor payable to
Grantee, in the original principal
amount of Three Million Four
Hundred Seven Thousand
Nine Hundred Fifty and no/100
Dollars ($3,407,950.00), dated
May 31,2005, and all modifica
tions thereof, with the last modi
fication dated August 27, 2008,
in the principal amount of ONE
MILLION TWO HUNDRED
FIFTY-ONE THOUSAND
NINE HUNDRED AND NO/100
DOLLARS ($1,251,900.00),
with interest thereon as set
forth therein (the “Note”), there
will be sold at public outcry
to the highest bidder for cash
before the Courthouse door
of Jackson County, Georgia,
within the legal hours of sale
on the first Tuesday in July
2009, the following described
real estate situated in Jackson
County, Georgia, to wit:
All that tract or parcel of
land lying and being in GMD
248, Jackson County, Georgia,
beings Lots 7, 10, 16, 22, 23,
24, 25, 28, 29, 30, 31, 34, 37,
41,43, 51, 52, and 58, Pod D,
Traditions of Braselton, Phase
1, as per plat recorded in Plat
Book 62, Pages 271 and 272,
Jackson County, Georgia
Records, which plat is hereby
incorporated herein by refer
ence.
[Lots 2, 3, 4, 5, 6, 8, 9, 11,
17, 18, 19, 20, 21, 32, 33, 35,
36, 38, 39, 40, 42, 44, 45, 46,
47, 48, 53, 54, 55, 56, and 57
are being purposely exclud
ed from the legal description
above. Lots 7, 10, 16, 22, 23,
24, 25, 28, 29, 30, 31, 34, 37,
41,43, 51, 52, and 58, Pod D,
Traditions of Braselton, Phase
1, are the only lots being fore
closed upon.]
The indebtedness 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 and when
due and in the manner pro
vided in the Notes. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including Attorney’s
fees (notice of intent to collect
Attorney’s fees having been
given as provided by law). The
property will be sold for cash or
certified funds and subject to
any and all matters of record
superior to said Security Deed,
outstanding ad valorem taxes,
any matters which might be
disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth herein
subject to (1) confirmation prior
to the sale that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
confirmation and audit prior
to the sale of the status of
the loan with the holder of
the Security. Grantee reserves
the right to sell the property in
one parcel or as an entirety,
or in such parcels as Grantee
may elect, as permitted in the
Security Deed.
To the best of the under
signed’s knowledge and belief,
the property is located at Lots
7, 10, 16, 22, 23, 24, 25, 28,
29, 30, 31, 34, 37, 41, 43, 51,
52, and 58, Pod D, Traditions
of Braselton, Phase 1,
Jackson County, Georgia,
and the party in possession
of the property is LPI Builders
Group, LLC, or its tenant or
tenants.
Colonial Bank as Attorney-
in-Fact for LPI Builders Group,
LLC
Sasser, Sefton, Connally,
Tipton & Davis, PC.
R. Brian Tipton, Esq.
100 Colonial Bank Blvd.,
Suite B201
Montgomery, AL 36117
(334) 532-3400
(IN10,17,24,JU1P4)
gpn11
Notice of Sale
Notice of Sate Under Power
Georgia, Jackson County
Under and by virtue of the
Power of Sale contained in
that certain Construction Deed
to Secure Debt and Security
Agreement made by LPI
BUILDERS GROUP, LLC, a
Georgia limited liability com
pany, Grantor, to COLONIAL
BANK, AN ALABAMA
BANKING CORPORATION,
AS SUCCESSOR THROUGH
CONVERSION TO COLONIAL
BANK, N.A., Grantee, on
the 31st day of May 2005
(“Security Deed”), said deed
recorded on June 6, 2005, in
the Superior Court of Jackson
County, Georgia, in Deed
Book 39D, Page 129, and
that certain Ratification and
Confirmation of Security Deed
and Cancellation of Discharge
and Satisfaction of Security
Deed dated December 16,
2008, and recorded on January
1, 2009, in the Superior Court
of Jackson County, Georgia
at Book 53-Y, Page 0681,
conveying the after-described
property to secure that certain
Non-Consumer Real Estate
Note from Grantor payable
to Grantee, in the original
principal amount of THREE
HUNDRED FOURTEEN
THOUSAND EIGHT
HUNDRED AND NO/100
DOLLARS ($314,800.00),
dated May 31, 2005 (Lot 26),
and all modifications there
of, with the last modification
dated August 27, 2008, in
the principal amount of TWO
NINETY-FIVE THOUSAND
THREE HUNDRED FORTY
AND NO/100 DOLLARS
($295,340.00), with interest
thereon as set forth therein
(the “Note”), 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 July 2009, the fol
lowing described real estate
situated in Jackson County,
Georgia, to wit:
All that tract or parcel of
land lying and being in
GMD 248, Jackson County,
Georgia, being Lot 26, Pod
D, Traditions of Braselton,
Phase 1, as per plat recorded
in Plat Book 62, Pages 271
and 272, Jackson County,
Georgia Records, which plat is
hereby incorporated herein by
reference.
[Lots 1, 12, 13, 14, 15, 27,
49, 50, and 59, are being
purposely excluded from
the above legal description.
Lot 26, Pod D, Traditions of
Braselton, Phase 1, is the only
lot being foreclosed upon.]
The indebtedness 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 and when
due and in the manner pro
vided in the Note. The debt
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, as pro
vided in the Security Deed and
by law, including Attorney’s
fees (notice of intent to collect
Attorney’s fees having been
given as provided by law). The
property will be sold for cash or
certified funds and subject to
any and all matters of record
superior to said Security Deed,
outstanding ad valorem taxes,
any matters which might be
disclosed by an accurate
survey and inspection of the
property, zoning ordinances,
restrictions, covenants, and
easements against the prop
erty, if any. The sale will be
conducted as set forth herein
subject to (1) confirmation prior
to the sale that the sale is
not prohibited under the U.S.
Bankruptcy Code and (2) final
confirmation and audit prior
to the sale of the status of
the loan with the holder of
the Security. Grantee reserves
the right to sell the property in
one parcel or as an entirety,
or in such parcels as Grantee
may elect, as permitted in the
Security Deed.
To the best of the under
signed’s knowledge and belief,
the property is located at Lot
26, Pod D, Traditions of
Braselton, Phase 1, Jackson
County, Georgia, and the
party in possession of the
property is LPI Builders Group,
LLC, or its tenant or tenants.
Colonial Bank as Attorney-
in-Fact for LPI Builders Group,
LLC
Sasser, Sefton, Connally,
Tipton & Davis, PC.
R. Brian Tipton, Esq.
100 Colonial Bank Blvd.,
Suite B201
Montgomery, AL 36117
(334) 532-3400
(JN10,17,24,JU1P4)
gpn11
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 CATHY MUNDY
and C. VAN MUNDY to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated May 27, 2005, and
recorded in Deed Book 39-G,
Page 260, Jackson County
Records, said Security Deed
having been lastsold, assigned,
transferred and conveyed to
US Bank National Association,
as Trustee for Credit Suisse
First Boston CSFB ARMT
2006-1, by Assignment secur
ing a Note in the original prin
cipal amount of $80,500.00,
the holder thereof pursuant to
said Deed and 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, July 7, 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 improved prop
erty on which a frame dwelling
is located lying and being in the
City of Commerce, Jackson
County, Georgia, and being all
of Lots 14 and 15 in Block D of
the subdivision of Mrs. Estelle
Harber Hollbrook. Lot No. 14
fronting 50 feet on McArthur
Street and running back both
lines 150 feet, being 50 feet
wide at rear, Lot No. 15 front
ing 50 feet on McArthur Street
and west line being 165 feet
long and east line being 148
feet long, being 50 feet wide
at rear. Said lots more fully
described in plat of the subdi
vision of Mrs. Estelle Harber
Hollbrook on File by Clerk’s
Office of Jackson Superior
Court in Plat Book 2, Page 51.
Said property is known as 98
McArthur Street, Commerce,
GA 30529, 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
taxing authority, any matters
which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, 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 accordance with the
terms of the Note secured by
said Deed.
Said property will be sold as
the property of Cathy Mundy
and C. Van Mundy, the prop
erty, to the best information,
knowledge and belief of the
undersigned, being presently
in the possession of Cathy
Mundy and C. Van Mundy, 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 pro
vided in said Deed, and the
balance, if any, will be distrib
uted as provided by law.
US Bank National
Association, as Trustee for
Credit Suisse First Boston
CSFB ARMT 2006-1 as
Attorney-in-Fact for Cathy
Mundy and C. Van Mundy
File no. 08-009190
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770)220-2535/RS
www. s we rtfeg er.net
*THE LAW FIRM IS ACTING
AS A
DEBT COLLECTOR.
ANY
INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
[FC-NOS]
(JN10,17,24,]U1B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Jackson
By virtue of the power of sale
contained in that certain Deed
to Secure Debt and Security
Agreement from QUALITY
HOUSING GROUP, INC. to
BRANCH BANKING AND
TRUST COMPANY dated
March 27, 2007, and record
ed in Deed Book 48-C, Page
279, Jackson County, Georgia
Records (hereinafter referred
to as “Deed to Secure Debt”),
said Deed to Secure Debt
securing a Promissory Note
(“Note”) in the original prin
cipal sum of ONE MILLION
ONE HUNDRED THIRTY
SIX THOUSAND EIGHT
HUNDRED AND 00/100
DOLLARS ($1,136,800.00)
with interest from said date
at the rate stated in said Note
on the unpaid balance until
paid, there will be sold by the
undersigned at public out
cry to the highest bidder for
cash before the Courthouse
at Jackson County, Georgia,
within the legal hours of sale
on Tuesday, July 7, 2009, the
property described on Exhibit
“A” attached hereto and incor
porated herein by reference.
The debts secured by said
Deed to Secure Debt have
been and are hereby declared
due and payable because of,
among other possible events
of default, failure to make pay
ments on said Note. The debts
remaining in default, this sale
will be made for the purpose
of paying the same and all
expenses of this sale, includ
ing attorney’s fees.
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, restric
tions, easements, covenants,
and matters of record superior
to the Deeds to Secure Debt
first set out above, including,
but not necessarily limited to,
senior encumbrances that will
not be extinguished by the
foreclosure sale contemplated
by this Notice.
To the best knowledge and
belief of the undersigned, the
Party in possession of the
property is Quality Housing
Group, Inc. or a tenant or
tenants, and said property is
more commonly known as
LOTS 30, 39, AND 41, RIDGE
MILL MANOR SUBDIVISION,
JACKSON COUNTY,
GEORGIA. However, please
rely only on the legal descrip
tion contained in this notice
for the location of the property.
Please be advised that the
undersigned reserves the right
to sell the units separately or
together.
Branch Banking and Trust
Company Attorney in Fact for
Quality Housing Group, Inc.
Martin G. Quirk, Esq.
Angela M. Hurley, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive,
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of
land lying and being in Minish
GMD 255 of Jackson County,
Georgia, being Lots 30,39
and 41, Ridge Mill Manor
Subdivision, Phase I, accord
ing to plat of survey recorded
in Plat Book 62, Page 175,
Jackson County, Georgia
Records, which plat and the
record thereof are incorporated
herein by reference thereto.
(IN10,17,24,JU1P4)
gpn11
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 MICHAEL
BIERING TO MORTGAGE
Electronic Registration
Systems, Inc., dated March
10, 2006, and recorded in
Deed Book 43-B, Page 781,
Jackson County Records, said
Security Deed having been
continued on following page