About The times. (Gainesville, Ga.) 1972-current | View Entire Issue (March 6, 2024)
770-535-1199 www.gainesvilletimes.com The Times, Gainesville, Georgia Midweek Edition-March 6-7,2024 principal amount of $50,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Hall County, Georgia (or such other area as designated by Order of the Superior Court of said county), within the legal hours of sale on April 2, 2024 (being the first Tuesday of said month unless said date falls on a Federal Holiday, in which case being the first Wednesday of said month), the following described property: THE FOLLOWING PROPERTY: THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT(S) 92 OF DISTRICT 1, HALL COUNTY, GEORGIA, BEING LOT(S) 8, BLOCK A, RIVERSIDE PARK Estate SUBDIVISION, AS PER PLAT RECORDED IN HALL COUNTY, GEORGIA RECORDS. Being and intending to describe the same premises conveyed in a deed recorded 02/01/1997, in Book 2815, Page 135. Known as: 1492 Burns Dr, NE PARCEL: 01-092 -001- 026 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 the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Said property is commonly known as 1492 Bums Dr NE, Gainesville, GA 30501 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): James A. Henson, Jr. and Linda Henson or tenant or tenants. Regions Mortgage, Inc. is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. Regions Mortgage, Inc. Regions Mortgage 6200 Poplar Avenue Memphis, TN 38119 1-800-748-9498 Note, however, that such entity orindividual is not required by law to negotiate, amend or modify the terms of the loan. Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. CLASSIFIED ADVERTISING Regions Bank d/b/a Regions Mortgage as agent and Attorney in Fact for Sara B Henson Aldridge Pite, LLP, Six Piedmont Center, 3525 Piedmont Road, N.E., Suite 700, Atlanta, Georgia 30305, (404) 994-7400. 2155-066A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 2155-066A 132245 3/6,13, 20,27 Heyser NOTICE OF FORECLOSURE SALE UNDER POWER HALL COUNTY, GEORGIA Under and by virtue of the Power of Sale contained in a Security Deed given by John F. Heyser, Jr. and Jeanne O. Heyser to Mortgage Electronic Registration Sy stems, In c., as g ra ntee, as nominee for Branch Banking and Trust Company, dated May 22, 2007, and recorded in Deed Book 6072, Page 533, Hall County, Georgia Records, as last transferred to U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCAF ACQUISITION TRUST by assignment recorded on December 28, 2023 in Book 9416 Page 587 in the Office of the Clerk of Superior Court of Hall County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Five Hundred Eight Thousand and 0/100 dollars ($508,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash at the Hall County Board of Commissioners meeting room on the second floor of the Hall County Government Center located at 2875 Browns Bridge Road, Gainesville, Georgia, within the legal hours of sale on April 2, 2024, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 88 OF THE 8TH DISTRICT, HALL COUNTY, GEORGIA, BEING LOT 3, POINTE WEST SUBDIVISION, AS PER PLAT RECORDED IN PLAT SLIDE 529, PAGE 129A, HALL COUNTY, GEORGIA RECORDS, WHICH PLAT BEING INCORPORATED HEREIN BY REFERENCE THERETO. 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 collect attorney's fees having been given). The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Selene Finance they can be contacted at (877) 735-3637 for Loss Mitigation Dept, or by writing to 3501 Olympus Boulevard, 5 th Floor, Suite 500, Coppell, Texas 75019, to discuss possible alternatives to avoid 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 assessments, 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 property is John F. Heyser, Jr. or tenant(s); and said property is more commonly known as 5580 Meridian Way, Oakwood, GA 30566. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure. U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCAF ACQUISITION TRUST as Attorney in Fact for John F. Heyser, Jr. and Jeanne O. Heyser. Brock & Scott, PLLC 4360 Chamblee Dunwoody Road Suite 310 Atlanta, GA 30341 404-789-2661 B&S file no.: 24-02894 132227 3/6,13, 20,27 IN THE JUVENILE COURT OF HALL COUNTY STATE OF GEORGIA IN THE INTEREST OF: Y.M. YOB: 2022 AGE: 1 YEAR SEX: FEMALE CASE NUMBER: 2400010 E.A. YOB: 2020 AGE: 3 YEARS SEX: FEMALE CASE NUMBER: 2400011 CHILDREN SUMMONS AND NOTICE OF THE FILING OF A PETITION FOR TERMINATION OF PARENTAL RIGHTS TO: DELFINO MENDOZA SUAZA, RESPONDENT AND ALL INTERESTED PARTIES IT APPEARING that a Petition for Termination of Parental Rights seeking an order terminating your parental rights has been presented to this Court and filing of the petition is found to be in the best interest of the children and the public, let the same be filed. A copy of the Petition for Termination of Parental Rights can be obtained at the clerk's office of the Juvenile Court of Hall County, located at the Hall County Courthouse Annex, 116 Spring Street SE, Gainesville, Georgia 30501. Under the provisions of O.C.G.A. § 15-11- 284, the effect of an order terminating the parental rights of a parent under this article is without limit as to duration and terminates all the rights with respect to the children and all rights of the children to the parent arising from the parental relationship. The parent is not thereafter entitled to notice of the proceedings for the adoption ofthechildren by another, nor does the parent have any right to object to the adoption or otherwise to participate in the proceedings. NOTICE OF EFFECT OF TERMINATION JUDGMENT: Georgia law provides that you can permanently lose your rights as a parent. A petition to terminate parental rights has been filed requesting the court to terminate your parental rights to your child. A court hearing of your case has been scheduled for the 29th day of April, 2024 at 1:30 p.m. at the Juvenile Court of Hall County. If you fail to appear, the court can terminate your rights in your absence. If the court at the trial finds that the facts set out in the petition to terminate parental rights are true and that termination of your rights will serve the best interests of your child, the court can enter a judgment ending your rights to your child. If the judgment terminates your parental rights, you will no longer have any rights to your child. This means that you will not have the right to visit, contact, or have custody of your child or make any decisions affecting your child or your child's earnings or property. Your child will be legally freed to be adopted by someone else. Even if your parental rights are terminated: (1) You will still be responsible for providing financial support (child support payments) for your child's care unless and until your child is adopted; and (2) Your child can still inherit from you unless and until your child is adopted. This is a very serious matter. You should contact an attorney immediately so that you can be prepared for the court hearing. You have the right to hire an attorney and to have him or her represent you. If you cannot afford to hire an attorney, the court will appoint an attorney if the court finds that you are an indigent person. Whether or not you decide to hire an attorney, you have the right to attend the hearing of your case, to call witnesses on your behalf, and to question those witnesses brought against you. If you have any questions concerning this notice, you may call the telephone number of the clerk's office which is (770) 531-6927 or visit the Juvenile Court Clerk's Office at the Hall County Courthouse Annex located at 116 Spring Street SE Gainesville, GA 30501. You may apply for an attorney by calling the Indigent Defense Office at (770) 531- 7086 or visiting their office on the 2nd floor of the Hall County Courthouse. Pursuant to the provisions of O.C.G.A. §§ 15-11-281 and 282, a copy of the Petition for Termination of Parental Rights and this Summons and Order shall be served upon you, the Respondent, at least thirty (30) days before the time set for a hearing. Should you be a putative father, a biological father who is not the legal father of the above-named children, then pursuant to O.C.G.A. § 15-11- 283(c), you are hereby advised that you may lose all rights to Y.M. and E.A. and will not be entitled to object to the termination of your rights to the children unless, within thirty (30) days of receipt of this notice, you file: (1) A petition to legitimate the children pursuant to O.C.G.A. § 19-7-22; and (2) Notice of the filing of the petition to legitimate with the Juvenile Court of Hall County. Should you be a putative father, a biological father who is not the legal father of the above-named children, then pursuant to O.C.G.A. § 15-11- 283(e), then you may lose all rights to the children and this Court may enter an order terminating all of your parental rights to the children and you may not thereafter object to the termination of your rights to the above-named children if pursuant to O.C.G.A. § 15-11-283(e) you: (1) Do not timely file a petition to legitimate and give notice pursuant to O.C.G.A. § 15-11-283(c); (2) File a legitimation petition, which is subsequently dismissed for failure to prosecute; (3) File a legitimation petition and the action is subsequently concluded without a court order declaring a finding that you are the legal father of the children. If Delfino Mendoza Suaza, the biological father of the above- named children fails to file a Petition for Legitimation or Notice of the filing of the Petition for Legitimation with the Clerk of Juvenile Court of Hall County prior to the expiration of 30 (thirty) days, the Court may enter an Order Terminating the Father's Parental Rights at the pretrial hearing. The Court will conduct a pretrial hearing on the 19th day of February, 2024 at 8:30 a.m. at the Juvenile Court of Hall County located in the Hall County Courthouse Annex, 116 Spring Street SE, Gainesville, Georgia 30501, to discuss any possible stipulations, documentary evidence, number of witnesses and other information to promote Judicial economy and the presentation of this matter before the Court. NOW, therefore, you, the parent of the above-named children, are hereby commanded to be and appear on the 29th day of April, 2024 at 1:30 p.m. before the Juvenile Court of Hall County located in the Hall County Courthouse Annex, 116 Spring Street SE, Gainesville, Georgia 30501, to answer the allegations of the Petition for Termination of Parental Rights and to show cause as to why an order terminating your parental rights should not be granted. This hearing is to consider the termination of your parental rights to the above-named children. Under O.C.G.A. § 15-11-262, you, as Respondent, are entitled to representation by legal counsel. In the event that you are unable to hire an attorney to represent you, and if you are indigent, as that term is defined in O.C.G.A. § 15-11- 2(38), then you must IMMEDIATELY contact the Office for Indigent Defense at (770) 531- 7086 and the Clerk of the Juvenile Court in Hall County at (770) 531-6927 and request the appointment of counsel to represent you at these proceedings. The Indigent Defense Office is located on the 2nd floor of the Hall County Courthouse. The Juvenile Court Clerk's Office is located in the Hall County Courthouse Annex, 116 Spring Street SE, Gainesville, Georgia 30501. SO ORDERED, this 22nd day of February, 2024. Joe R. Diaz Honorable Joe R. Diaz Judge, Juvenile Court Hall County, Georgia Northeastern Judicial Circuit 132175 3/6,13, 20,27 Lopreste/ Gooch STATE OF GEORGIA COUNTY OF HALL NOTICE OF SALE UNDER POWER Under and by virtue of the power of sale contained with that certain Security Deed dated April 30, 2019, from Brianna E. Waite Lopreste and Dylan L. Gooch to Mortgage Electronic Registration Systems, Inc., as nominee for Amerisave Mortgage Corporation, recorded on May 3, 2019 in Deed Book 8258 at Page 354, Hall County, Georgia records, having been last sold, assigned, transferred and conveyed to LAKEVIEW LOAN SERVICING, LLC, by Assignment and said Security Deed having been given to secure a note dated April 30, 2019, in the amount of $88,522.00, and said Note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Hall County, Georgia, on April 2, 2024 the following described real property (hereinafter referred to as the "Property"): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN FLOWERY BRANCH GMD 1270, HALL COUNTY, GEORGIA, BEING LOT 123, PHASE TWO, EAGLE WATCH SUBDIVISION, AS PER SUBDIVISION PLAT RECORDED IN PLAT SLIDE 562, PAGES 205A-206A, HALL COUNTY, GEORGIA RECORDS, WHICH PLAT IS HEREBY REFERRED TO AND MADE A PART OF THIS DESCRIPTION. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by theterms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is Brianna E. Waite Lopreste and Dylan L. Gooch. The property, being commonly known as 4754 Eagle Watch Dr, Flowery Branch, GA 30542 in Hall County, will be sold as the property of Brianna E. Waite Lopreste and Dylan L. Gooch, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.§ 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above-described mortgage is as follows: Flagstar Bank, 5151 Corporate Dr., Troy, Ml 48098-2639, 1877-356- 0973. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for LAKEVIEW LOAN SERVICING, LLC, as Attorney in Fact for Brianna E. Waite Lopreste and Dylan L. Gooch 100 Galleria Parkway, Suite 1000 Atlanta, GA 30339 Phone: (770) 373-4242 By: Brian K. Widener For the Firm THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - 24-004583 131994 2/28, 3/6, 3/13, 3/20,3/27 Moore NOTICE OF FORECLOSURE SALE UNDER POWER HALL COUNTY, GEORGIA THIS IS AN ATTEMPT 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 Scott E. Moore to Bank of America, N.A. dated March 23, 2004 and recorded on March 31, 2004 in Deed Book4923, Page 87, Hall County, Georgia Records, and later assigned to U.S. Bank Trust National Association, as Trustee of LB-lgloo Series IV Trust by Assignment of Security Deed recorded on December 1, 2021 in Deed Book 9000, Page 362, Hall County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Two Hundred Four Thousand And 00/100 Dollars ($204,000.00), with interest thereon as 5C set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Hall County, Georgia, within the legal hours of sale on April 2, 2024 the following described property: All that tract or parcel of land lying and being in Land Lot 114 of the 9th Land District of Hall County, Georgia, and being Lot 9, Block K of the Cove Overlook Subdivision, formerly known as A Quiet Place in the Woods, as shown on a plat recorded in Plat Book 145, Pages 120-121 of the Hall County, Georgia Plat Records. Said plat and the record thereof is incorporated herein by reference for a more complete and accurate description of the subject property. Tax ID#: 09113A001133 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 collect attorney's fees having been given). Your mortgage servicer, SN Servicing Corporation, as servicer for U.S. Bank Trust National Association, as Trustee for LB-Dwelling Series V Trust, can be contacted at 800-603- 0836 or by writing to 323 5th Street, Eureka, CA 95501 to discuss possible alternatives to avoid 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 assessments, 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 parties in possession of the property are Scott Edward Moore and Kela A. Goldsmith or tenant(s); and said property is more commonly known as 3339 Cove Overlook Drive, Gainesville, GA 30501. 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 Trust National Association, as Trustee of LB-lgloo Series IV Trust as Attorney in Fact for Scott E. Moore McMichael Taylor Gray, LLC 3550 Engineering Drive, Suite 260 Peachtree Corners, GA 30092 404-474-7149 MTG File No.: GA2024- 00121 132201 3/6,13, 20,27 NEWSOME STATE OF GEORGIA COUNTY OF HALL NOTICE OF SALE UNDER POWER Pursuant to the power of sale contained in the Security Deed executed by LANCE DAJIONA DEKENY A NEWSOME, JR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS BENEFICIARY, AS NOMINEE FOR FINANCE OF AMERICA MORTGAGE, LLC in the original principal amount of $152,093.00 dated January 29, 2016 and recorded in Deed Book 7649, Page 149, Hall County records, said Security Deed being last transferred to NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING in Deed Book 8486, Page 437, Hall County records, the