Newspaper Page Text
WEDNESDAY, DECEMBER 30, 2009
THE JACKSON HERALD
PAGE 9B
Public Notices Continued
Magistrate Court
Magistrate Court
Week of December 21, 2009
• 1st Franklin Financial vs. Angelo Dicara - Suit on
Account
•Warehouse Flome Furnishings Dist., Inc. DBA
Farmers Furniture vs. Dakota Robinette - Suit on
Account
•Warehouse Flome Furnishings Dist., Inc. DBA
Farmers Furniture vs. Robin Rathbun - Suit on Account
•Warehouse Flome Furnishings Dist., Inc. DBA
Farmers Flome Furniture vs. Christopher Givens - Suit
on Account
•Jim Husky DBA U-Pay U Stay, LLC vs. Tommy &
Linda Flynn - Summons of Dispossessory
•Jason Moore vs. Kelly Grillo - Summons of
Dispossessory
• CitiFinancial vs. Tricia Wolfe - Suit on a Note
• 1st Franklin Financial vs. Melissa A. Moon -
Defendant - Baker & Taylor - Garnishee - Summons of
Continuing Garnishment
• Dacula Finance Company, Inc. vs. Allen Fortenberry
- Defendant - Zaxby’s - Garnishee - Summons of
Continuing Garnishment
• Richard F. King vs. John W. Skinner - Damages
• CitiFinancial vs. Christopher Harris - Suit on a
Note
•Warehouse Flome Furnishings Dist., Inc. DBA
Farmers Furniture vs. Edna Davis - Suit on a Note
• 1st Franklin Financial vs. Melissa Moon - Writ of
Fieri Facias
• 1st Franklin Financial vs. Philip F. Meacacke - Writ
of Fieri Facias
•SunTrust Mortgage, Inc. vs. Jack S. Cardin and
Bobbie F. Cardin and/or All Others - Writ of Possession
• CitiMortgage, Inc. vs. Chris Foster, Dianna L. Foster
and/or All Other Residents - Writ of Possession
•Ann Holbrook vs. Dennis Nation and All Occupants
- Summons of Dispossessory
•Warehouse Flome Furnishings Dist., Inc. DBA
Farmers Furniture vs. Judy Patton / Old South Cabinets
- Suit on Account
• CitiFinancial vs. Cecil Smith - Suit on a Note
• FIA Card Service, N.A. vs. Andrew Powers - Suit
on Account
• North Star Capital Acquisition, LLC Assignee of
Wells Fargo Financial vs. Jerry Carter - Suit on Account
• Capital One Bank (USA) N.A. vs. George M. Smith
- Suit on Account
Default Judgment
•The Money Tree of GA, Inc. vs. Terry Rutledge - Suit
on a Note
• Covington Credit vs. Barbara Nash - Suit on
Account
• Covington Credit vs. Kerry Little - Suit on Account
• 1st Franklin Financial vs. Steve Taylor Shirley,
Jr. - Suit on a Note
Records, conveying the after-
described property to secure
a Note in the original principal
amount of ONE HUNDRED
SIXTY-SEVEN THOUSAND
SIX HUNDRED AND 0/100
DOLLARS ($167,600.00), 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 January, 2010, 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 col
lect 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 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: 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 prop
erty is Gary A. Isenberger and
Sandra J Isenberger or a tenant
or tenants and said property is
more commonly known as 73
Fieldcrest Court, 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.
BAC Home Loans Servicing,
LP fka Countrywide Home
Loans Servicing LP as Attorney
in Fact for Gary A. Isenberger
and Sandra J Isenberger
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mmO 1/5/10
Our file no. 53272709-FT11
EXHIBIT “A”
All that tract or parcel of
land lying in the 257th GMD of
Jackson County, Georgia, being
Lot 33 of Spratlin Estates, as
per plat recorded in Plat Book
60, pages 189-191, Jackson
County, Georgia Records,
which plat is hereby incorporat
ed herein for a more complete
and detailed description.
(DC9,16,23,30B/12062-60T1P)
gpnll
Notice of Sale
Notice of Sate 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 EURICE
J. GAITHER to HOMEBANC
MORTGAGE CORPORATION,
dated June 27, 2002, record
ed in Deed Book 26-X, Page
619, Jackson County, Georgia
Records, as last transferred to
The Bank of New York Mellon
fka The Bank of New York
as trustee for the Certificate
Holders of CWMBS2004-R1
by assignment to be record
ed 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
EIGHTY-EIGHT THOUSAND
FIVE HUNDRED AND 0/100
DOLLARS ($88,500.00), 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 January, 2010, 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 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
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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 mat
ters 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 entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: Bank
of America, 177 Countrywide
Way, Mail Stop: CAO-911-01-
05, Lancaster, CA93536, (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 Eurice J. Gaither
or a tenant or tenants and
said property is more com
monly known as 44 Land Way,
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.
The Bank of New York Mellon
fka The Bank of New York
as trustee for the Certificate
Holders of CWMBS2004-R1
as Attorney in Fact for Eurice
J. Gaither
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mmO 1/5/10
Our file no. 5981707-FT11
EXHIBIT “A”
All that tract or parcel of
land, lying and being in the
City of Commerce, 255th
District, G.M., Jackson County,
Georgia, designated as Lot 3,
Block D, Section 1 of Highland
Estates, as shown by plat and
survey entitled “Survey for:
Section 1 - Highland Estates”,
prepared by James M. Paul
Engineering & Surveying,
certified by James M. Paul,
Georgia Registered Land
Surveyor, dated November 9,
1972, as recorded in Plat Book
9, Page 56, Jackson County,
Georgia Records; which plat
and the recording thereof are
hereby incorporated herein by
reference for a more detailed
description of the property.
(DC9,16,23,30B/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
TARRANCE L. MCKANNEY
and DENICE F. MCKANNEY
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated September 30,
2008, recorded in Deed Book
53-L, Page 395, Jackson
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 Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of ONE HUNDRED
THIRTY-FIVE THOUSAND
TWO HUNDRED FIFTEEN
AND 0/100 DOLLARS
($135,215.00), 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 within the legal hours
of sale on the first Tuesday in
January, 2010, 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 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
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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 mat
ters 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 entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage 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 prop
erty is Tarrance L. McKanney
and Denice F. McKanney or
a tenant or tenants and said
property is more commonly
known as 641 Walnut Woods
Dr., Braselton, Georgia
30517.
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.
BAC Home Loans Servicing,
LP fka Countrywide Home
Loans Servicing LP as
Attorney in Fact for Tarrance
L. McKanney and Denice F.
McKanney
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosu rehotl i ne. net
MR/mmO 1/5/10
Our file no. 53400509-FT11
EXHIBIT “A”
All that tract or parcel of
land lying and being in Porter’s
District G.M., in the City of
Braselton, Jackson County,
Georgia, being Lot 86, Block
A, Vineyard Gate, Phase 2, as
per plat recorded in Plat Book
70, Pages 114-118, Jackson
County Records, said plat
being incorporated herein by
reference thereto.
(DC9,16,23,30B/12062-60T1P)
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
WILLIAM JOSEPH TOTO to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated March 20, 2008,
recorded in Deed Book 51-W,
Page 594, Jackson County,
Georgia Records, as last trans
ferred 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 Jackson
County, Georgia Records,
conveying the after-described
property to secure a Note in
the original principal amount
of ONE HUNDRED FORTY-
FOUR THOUSAND ONE
HUNDREDTHIRTYAND0/100
DOLLARS ($144,130.00), 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, within the
legal hours of sale on the first
Tuesday in January, 2010, 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 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
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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 mat
ters 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 entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: Bank
of America, 177 Countrywide
Way, Mail Stop: CAO-911-01-
05, Lancaster, CA93536, (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 William Joseph Toto
or a tenant or tenants and said
property is more commonly
known as 132 Thunderwood
Ct., Nicholson, Georgia
30565.
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.
BAC Home Loans Servicing,
LP fka Countrywide Home
Loans Servicing LP as
Attorney in Fact for William
Joseph Toto
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mmO 1/5/10
Our file no. 53294209-FT11
EXHIBIT “A”
All that tract or parcel of land
lying and being in GMD 1704,
Jackson County, Georgia,
being more particularly known
as Tract 25 and Tract 26, as
show on that plat and sur
vey for Hunter’s Ridge, pre
pared by Cornerstone Land
Surveying, surveyor, dated
September 30, 1995, and
recorded in the Office of the
Clerk of Superior Court of
Jackson County, Georgia, in
Plat Book 46, Page 93; said
plat being hereby incorporat
ed and made a part of this
description.
Together with all improve
ments constructed upon,
affixed to or located upon the
above described real prop
erty, including without limita
tion any residential dwelling
located upon or to be located
upon or to be located thereon,
which dwelling is or may be a
manufacture home, as herein
described, which manufactured
home is or upon placement and
affixation shall be conclusively
deemed to be real estate (the
“Manufactured Home”) : 1997
Oakwood Mobile Home, Serial
#0W60175A&B
(DC9,16,23,30B/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 vir
tue of the Power of Sale
contained in a Security
Deed given by HOWARD
SWAYNE HENDERSON to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated October 5, 2007,
recorded in Deed Book 50-J,
Page 729, Jackson 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 Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of SEVENTY-EIGHT
THOUSAND TWO HUNDRED
SEVENTY-ONE AND 0/100
DOLLARS ($78,271.00), 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, within the
legal hours of sale on the first
Tuesday in January, 2010, 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 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
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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 mat
ters 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 entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: Bank
of America, 177 Countrywide
Way, Mail Stop: CAO-911-01-
05, Lancaster, CA93536, (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 Howard Swayne
Henderson or a tenant or
tenants and said property is
more commonly known as 186
Cowart Road, Commerce,
Georgia 30530.
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.
BAC Home Loans Servicing,
LP fka Countrywide Home
Loans Servicing LP as Attorney
in Fact for Howard Swayne
Henderson
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mmO 1/5/10
Our file no. 53291209-FT11
EXHIBIT “A”
All that tract or parcel of
land, together with all improve
ments thereon, situate, lying
and being in the 255th District,
G.M., Jackson County, being
Tract 5, containing 1.5 acres,
more or less, as shown on a plat
of survey entitled “Boundary
Survey for Timothy Brooks &
Randall Kersey”, prepared by
Venable & Associates, Inc.,
recorded in Plat Book 60, Page
30, in the Office of the Clerk of
the Superior Court for Jackson
County, Georgia.
(DC9,16,23,30B/12062-60T1P)
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
CHRIS D. COLLINS and
HEATHER F. COLLINS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated December 19,
2005, recorded in Deed Book
42-A, Page 467, Jackson
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 Jackson County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of ONE HUNDRED
TWENTY-TWO THOUSAND
ONE HUNDRED SEVENTY-
TWO AND 0/100 DOLLARS
($122,172.00), 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, within the legal hours
of sale on the first Tuesday in
January, 2010, 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 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
attorney’s fees (notice of intent
to collect attorney’s fees hav
ing 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 mat
ters 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 entity that has full author
ity to negotiate, amend, and
modify all terms of the mort
gage with the debtor is: Bank
of America, 177 Countrywide
Way, Mail Stop: CAO-911-01-
05, Lancaster, CA93536, (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 Chris D. Collins and
Heather F. Collins or a tenant
or tenants and said property is
more commonly known as 631
Silver Bell Rd., 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.
BAC Home Loans Servicing,
LP fka Countrywide Home
Loans Servicing LP as Attorney
in Fact for Chris D. Collins and
Heather F. Collins
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mmO 1/5/10
Our file no. 53289309-FT11
EXHIBIT “A”
All that tract or parcel of
land lying and being in the
City of Jefferson in the 245th
GMD of Jackson County,
Georgia, and being Lot 31,
Block A of Arbors of Jefferson
Subdivision according to that
plat of survey recorded in Plat
Book 62, Page 278, Jackson
County, Georgia Records,
which said plat is incorporated
herein and made a part hereof
by reference thereto for a more
complete and detailed descrip
tion of the property conveyed
herein.
(DC9,16,23,30B/12062-70T1P)
continued on following page