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PAGE 6B
BANKS COUNTY NEWS
WEDNESDAY, SEPTEMBER 27, 2023
Banks County Legal Notices
MainStreet Newspapers will no longer
make corrections to punctuation, upper/
lower corrections (i.e.: street names,
person’s names and initials), and other
minor corrections to public notices that
are e-mailed to us. The foreclosure will
publish in the paper exactly as received
from the foreclosing agency.
Bennett Estate
Notice to Debtors and
Creditors
All creditors of the Es
tate of HORACE BEN
NETT, deceased, late of
Banks County, Georgia,
are hereby notified to ren
der their demands to the
undersigned according
to law, and all persons in
debted to said estate are
required to make immedi
ate payment to me.
THIS 14th day of Sep
tember, 2023.
SI Patsy Bennett
Administrator of the es
tate of
Horace Bennett
P.O. Box 74
Alto, Ga. 30510
M. KEITH YORK
YORK LAW, LLC
P.O. BOX 38
CORNELIA, GA 30531
706-778-30531
(Sep27, Oct4, 11, 18) |
Garrett Estate
All creditors of the estate
of JENNETT ROBINSON
GARRETT Deceased, late
of Banks County, Geor
gia, deceased, are hereby
notified to render in their
demands to the under
signed according to law,
and all persons indebted to
said estate are required to
make immediate payment
to us.
This 21st day of August,
2023.
Tiffany Pedraza
Executor/Administrator
3444 Joel Court
Stone Mountain, Ga
30087
Huntsville, AL 35811
(Sep27, Oct4, 11, 18) |
Humphries Estate
All creditors of the estate
of Will Lester Humphries,
Jr., Deceased, late of
Banks County, Georgia,
deceased, are hereby no
tified to render in their de
mands to the undersigned
according to law; and all
persons indebted to said
estate are required to
make immediate payment
to us.
This 25th day of August,
2023.
Misty S. Dolph, Admin
istrator
206 Poplar Glen Drive
Huntsville, AL 35811
(Sep6, 12, 20, 27) |
Gooch Estate
Notice to Debtors and
Creditors
All creditors of the Es
tate of JUDITH LYNN
GOOCH, deceased, late
of Banks County, Geor
gia, are hereby notified to
render in their demands to
the undersigned according
to law, and all persons in
debted to said estate are
required to make immedi
ate payment to us.
THIS 19th day of Sep
tember, 2023.
Roy Bradley Gooch
Executor/Administrator
1272 Historic Homer
Highway
Homer, Georgia 30547
(Sep27, Oct4, 11, 18) |
Alford Estate
NOTICE TO DEBTORS
AND CREDITORS
GEORGIA, BANKS
COUNTY
All creditors of the Es
tate of RICHMOND DON
ALFORD, deceased, late
of Banks County, Geor
gia, are hereby notified to
render in their demands to
the undersigned according
to law, and all persons in
debted to said estate are
required to make immedi
ate payment to us.
This 28th day of August
2023.
Michael Alford
Executor/Administrator
255 Wildwood Trl
Lula, Ga 30554
(Sep6, 13, 20, 27) |
Email legals to
Lisa Lyles at:
I isa@mai nstreet-
news.com
Howard Estate
NOTICE TO DEBTORS
AND CREDITORS
GEORGIA, BANKS
COUNTY
All creditors of the Es
tate of BARBARA ANN
HOWARD, deceased, late
of Banks County, Geor
gia, are hereby notified to
render in their demands to
the undersigned according
to law, and all persons in
debted to said estate are
required to make immedi
ate payment to us.
This 31st day of August
2023.
Dewey Howard Jr.
Executor/Administrator
3254 Hwy 198
Homer, Ga 30547
(Sep13, 20, 27, Oct4) |
Notice of Sale
NOTICE OF SALE UN
DER POWER
STATE OF GEORGIA
COUNTY OF BANKS
Under and by virtue
of the power of sale con
tained in that certain Deed
to Secure Debt (“Security
Deed”) executed by Car
ey Deon David in favor of
Habersham Federal Credit
Union, now known as My-
Georgia Credit Union, dat
ed December 18, 2017, re
corded at Deed Book 446,
Pages 741-744, re-record-
ed in Deed Book 448, Pag
es 622-625 of the Banks
County Deed Records,
the undersigned will sell at
public outcry to the highest
bidder for cash before the
door of the Courthouse of
Banks County, Georgia,
during the legal hours of
sale, on the first Tuesday
in October, that being Oc
tober 3, 2023, the following
described property:
All that tract or parcel
of land lying and being in
the 265th Militia District
for Banks County, Geor
gia, and in the Township
of Homer, Georgia; sub
ject realty herein conveyed
consisting of 0.80 acres,
as depicted on that cer
tain Plat of Survey pre
pared for William Lewal-
len and Maude Lewallen
by Max Lewallen, R.S.,
dated March 7, 1986, and
recorded in Banks County,
Georgia, Plat Book 11, at
page 99 (herein, LEWAL
LEN PLAT); with the loca
tion, directions and dis
tances of the boundaries
of the subject realty herein
conveyed, as depicted on
said Lewallen Plat being
referred to and incorpo
rated as a part hereof by
reference, for a particular
description of the subject
realty herein conveyed.
Subject realty is bound
ed as follows: On the East
by lands now or formerly
owned by Max Sanders; on
the South by the Northern
right of way boundary line
of U.S. Highway 441; on
the West and North by re
maining lands of Dean and
Vicky Crane.
The subject realty here
in conveyed consists of
the extreme Southeastern
corner portion of the origi
nal larger tract of land ac
quired by Dean and Vicky
Crane from Joan W. Roun
tree and Glenda W. Bar
ron, by Deed dated Octo
ber 3, 1981, and recorded
in Banks County, Georgia,
Deed Book 24 at page 654.
The debt secured by
said Security Deed is evi
denced by a Balloon Note
(the “Note”) from Carey
Deon David dated De
cember 18, 2017, in the
original principal amount of
$66,782.70, payable, prin
cipal and interest from the
date thereof shown on said
Note on the unpaid bal
ance until paid.
Default has occurred in
the payment of the debt
evidenced by the Note
and secured by the Se
curity Deed as a result of
the nonpayment of install
ments owed thereunder.
The total balance of said
debt has, therefore, been
declared due and the Se
curity Deed foreclosable
according to its terms.
The debt remaining in
default, the property will be
sold to the highest bidder
for cash as the property
of Carey Deon David, the
proceeds to be applied to
the payment of said indebt
edness, attorneys’ fees
(notice of intention to col
lect attorneys’ fees having
been given), and the law
ful expenses of said sale,
all as provided in the Note
and the Security Deed,
said sale to be subject to
any and all unpaid taxes
and assessments, and re
strictions, easements and
liens of record with priority
over the Security Deed ref
erenced above.
To the best of the under
signed’s knowledge and
belief, the property is in the
possession of Carey Deon
David and will be sold as
the property of Carey Deon
David.
The undersigned will
execute a deed to the pur
chaser as authorized in the
aforementioned Security
Deed.
Carey Deon David
By: MyGeorgia Credit
Union, as Successor in
interest to Habersham
Federal Credit Union as
Attorney-in-Fact for Carey
Deon David
Hulsey, Oliver & Mahar,
LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
PBS/jbp/17050/286392
(Sep6, 13, 20, 27) |
Ray Estate
Ray Estate Petition for
Letters of Administration
Notice
In the Probate Court of
Banks County
State of Georgia
In Re: Estate of Wilma
Ray
Deceased
Estate No 2023-72
To: Joey Turner, Billy
Hudgins and to whom it
may concern:
Stephanie Ray Gun
nells has petitioned to be
appointed Administrator(s)
of the Estate of WILMA
RAY, deceased, of Said
County. (The Petitioner
has also applied for waiv
er of bond and/or grant of
certain powers contained
in O.C.G.A. § 53-12-261)
All interested parties are
hereby notified to show
cause why said petition
should not be granted. All
objections to the Petition
must be in writing, setting
forth the grounds of any
such objections, and must
be filed with the court on or
before October 23, 2023.
BE NOTIFIED FUR
THER: All objections to the
petition must be in writing,
setting forth the grounds
of any such objections. All
objections should be sworn
to before a notary public
or before a probate court
clerk, and filing fees must
be tendered with your ob
jections, unless you qualify
as an indigent party. Con
tact Probate Court for the
required amount of filing
fees. If any objections
are filed, a hearing will be
scheduled at a later date. If
no objections are filed, the
Petition may be granted
without a hearing.
By: Helen Hewell
Judge of the Probate
Court
By: Vicki Dalton
Clerk of the Probate
Court
144 Yonah Homer Rd.
Homer, Ga 30547
706-677-6250
(Sep27, Oct4, 11, 18) |
Notice of
Termination
IN THE JUVENILE
COURT OF Banks COUN
TY
STATE OF GEORGIA
IN THE INTEREST OF:
N.A.M.
DOB: 10-15-2020
SEX: FEMALE
case no. 006-23J-025
A CHILD.
NOTICE OF TERMI
NATION OF PARENTAL
RIGHTS HEARING
TO: JEROME MARTEZ
RUMPH AND ANY OTHER
POSSIBLE PUTATIVE FA
THER OF THE ABOVE-
NAMED CHILD
By Order for Service by
Publication dated August
21, 2023, you are hereby
notified that on May 9,
2023, the Banks County
Division of Family and
Children Services, Geor
gia Department of Human
Services, filed a Petition
for Termination of Parental
Rights against you as to
the above-named child and
this Court found it to be in
the child’s best interest that
the Petition be filed. This
notice is being sent to you
pursuant to the provisions
of O.C.G.A. § 15-11-282.
A copy of the Petition
for Termination of Parental
Rights may be obtained by
you free of charge from the
Clerk at the Banks County
Courthouse during busi
ness hours. The Petition
for Termination of Paren
tal Rights seeks an order
terminating your parental
rights.
An order terminating the
parental rights of a parent
is without limit as to dura
tion and shall divest you
and your child of all legal
rights, powers, privileges,
immunities, duties, and
obligations with respect to
each other subject to the
exceptions contained in
O.C.G.A. § 15-11-261. You
are not thereafter entitled
to notice of proceedings for
the adoption of the child by
another, nor have you any
right to object to the adop
tion or otherwise partici
pate in those proceedings.
Pursuant to O.C.G.A. §
15-11-283, you are advised
that as a biological father
who is not the legal father,
you will lose all rights to
the above-named child
and will not be entitled to
object to the termination of
your parental rights to the
child unless, within thirty
(30) days of receipt of this
notice, you file a petition
to legitimate the child and
file notice of the filing of the
petition to legitimate with
the Banks Clerk of Courts.
If you fail to file a Petition
to Legitimate within thirty
(30) days of your receipt of
this notice; file a legitima
tion petition which is sub
sequently dismissed for
failure to prosecute; or file
a legitimation petition and
the action is subsequently
concluded without a court
order declaring a finding
that you are the legal fa
ther of the child, then this
Court shall enter an order
terminating all your paren
tal rights to the child.
A hearing on the Petition
for Termination of Parental
Rights is scheduled for Oc
tober 26, 2023 at 2:30 PM
in the Banks County Court
house, Homer, Georgia.
The child or children
and other parties involved
may be represented by
a lawyer at all stages of
these proceedings. If you
want a lawyer, you may
choose and hire your own
lawyer. If you want to hire
a lawyer, please contact
your lawyer immediately.
If you want a lawyer but
are not able to hire a law
yer without undue financial
hardship, you may ask for
a lawyer to be appointed to
represent you. The Court
would inquire into your fi
nancial circumstances and
if the Court finds you to be
financially unable to hire a
lawyer, then a lawyer will
be appointed to represent
you. If you want a lawyer
appointed to represent
you, you must let the Court
or the officer of this Court
handling this case know
that you want a lawyer im
mediately.
WITNESS, the Hon
orable William E. Hicks,
Judge of said Court, this
the 24 day of August, 2023.
IS/
(Deputy) Clerk
Juvenile Court of Banks
County, Georgia
Banks County Court
house
(Sep6, 13, 20, 27) |
Notice of Petition
Evans Estate Petition
for Letters of Administra
tion
Notice
In the Probate Court of
Banks County
State of Georgia
In Re: Estate of Robert
Herbert Evans
Deceased
Estate No 2023-74
To whom it may con
cern:
Craig Austin Evans has
petitioned to be appointed
Administrator(s) of the
Estate of ROBERT HER
BERT EVANS, deceased,
of Said County. (The Pe
titioner has also applied
for waiver of bond and/
or grant of certain powers
contained in O.C.G.A. §
53-12-261) All interested
parties are hereby noti
fied to show cause why
said petition should not
be granted. All objections
to the Petition must be in
writing, setting forth the
grounds of any such ob
jections, and must be filed
with the court on or before
October 2, 2023.
BE NOTIFIED FUR
THER: All objections to the
petition must be in writing,
setting forth the grounds
of any such objections. All
objections should be sworn
to before a notary public
or before a probate court
clerk, and filing fees must
be tendered with your ob
jections, unless you qualify
as an indigent party. Con
tact Probate Court for the
required amount of filing
fees. If any objections
are filed, a hearing will be
scheduled at a later date. If
no objections are filed, the
Petition may be granted
without a hearing.
By: Helen Hewell
Judge of the Probate
Court
By: Vicki Dalton
Clerk of the Probate
Court
144 Yonah Homer Rd.
Homer, Ga 30547
706-677-6250
(Sep6, 13, 20, 27) |
Notice of Petition
Notice of Petition to File
for Year’s Support
In the Probate Court of
Banks County
State of Georgia
In Re: Estate JOHN JO
SEPH KOTT Deceased
Estate No 2023-78
The petition of EASTER
KOTT for a year’s support
from the estate of JOHN
JOSEPH KOTT, deceased,
for decedent’s surviving
spouse, having been duly
filed, all interested persons
are hereby notified to show
cause, if any they have, on
or before October 2, 2023,
why said petition should
not be granted.
All objections to the Pe
tition must be in writing,
setting forth the grounds of
any such objections, and
must be filed on or before
the time stated in the pre
ceding sentence. All ob
jections should be sworn
to before a notary public
or before a Probate Court
Clerk, and filing fees must
be tendered with your ob
jections, unless you qualify
as an indigent party. Con
tact Probate Court person
nel for the required amount
of filing fees. If any objec
tions are filed, a hearing
will be in the probate court
of the above-named coun
ty, cortroom, 144 Yonah
Homer Rd, Homer, Geor
gia (scheduled at a later
date). If no objections are
filed, the Petition may be
granted without a hearing.
By: Helen Hewell
Judge of the Probate
Court
By: Vicki Dalton
Clerk of the Probate
Court
144 Yonah Homer Rd.
Homer, Ga 30547
706-677-6250
(Sep6, 13, 20, 27) |
Notice of Publica
tion
IN THE SUPERIOR
COURT OF BANKS
COUNTY
STATE OF GEORGIA
CIVIL ACTION FILE
NO:23CV226(B)
JAMES FRANK TAY
LOR
Plaintiff
CANDICE ANN PALM
ER
Defendant
To: CANDICE ANN
PALMER
NOTICE OF PUBLICA
TION
By order for service by
publication dated Sept.
11, 2023, you are hereby
notified that on the 11th
day of July, 2023, filed suit
against you for Petition for
Legitimation. You are re
quired to file with the Clerk
of the Superior Court, and
serve upon plaintiff pro se,
JAMES FRANK TAY
LOR
2561 Hwy 51 S
Lula, Ga 30554
an answer in writing
within sixty (60) days of the
date of the order for publi
cation.
This the 12 day of Sep
tember, 2023
WITNESS
Jenny B Massey
the Honorable, Judge of
this Superior Court, Banks
Co. Clerk
Banks County Clerk of
Superior Court
144 Yonah-Homer
Road, Suite 8
Homer, Ga 30547
(Sep20, 27, Oct4, 11) |
Notice of Sale
STATE OF GEORGIA-
COUNTY OF BANKS
NOTICE OF SALE UN
DER POWER
Because of a default
under the terms of the
Security Deed executed
by Silas Ruben Miller and
Mary Miller to Conseco Fi
nance Servicing Corp. dat
ed April 16, 2002, and re
corded in Deed Book 191,
Page 136, Banks County
Records, said Security
Deed having been last
sold, assigned, transferred
and conveyed to U.S. Bank
National Association, as
Trustee, for Manufactured
Housing Contract Senior/
Subordinate Pass-Through
Certificate Trust 2002-
2, securing a Note in the
original principal amount
of $30,261.61, the holder
thereof pursuant to said
Deed and Note thereby
secured has declared the
entire amount of said in
debtedness due and pay
able and, pursuant to the
power of sale contained in
said Deed, will on the first
Tuesday, October 3, 2023,
during the legal hours of
sale, before the Court
house door in said County,
sell at public outcry to the
highest bidder for cash, the
property described in said
Deed, to-wit:
That tract or parcel of
land lying and being in
the 207th GMD of Banks
County, Georgia, being
designated as Lot 23 as
shown on a plat of sur
vey dated September 23,
1983 and recorded in Plat
Book 9, Page 130, Banks
County records; said
plat being incorporated
herein by reference for a
more complete descrip
tion of the property.
Subject to restrictive
covenants referenced
in the Warranty Deed
recorded in Deed Book
118, Page 234, Banks
County records.
Subject to a Right-of-
Way Easement to Jack-
son Electric Membership
Corporation dated Au
gust 23, 1983, recorded
in Deed Book 29, Page
242 and to a Right-of-
Way Easement to Jack-
son Electric Member
ship Corporation dated
September 19, 1983, re
corded in Deed Book 29,
Page 474, Banks County
records.
Also conveyed here
with is a 1998 Bellcrest,
16 X 80 manufactured
home, Serial Number
GBHML51226 which is
attached to and made a
part of the real property.
Said property is known
as 213 Riverbend Rd,
Commerce, GA 30530, to
gether 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 out
standing 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 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 proceeds of said
sale will be applied to the
payment of said indebted
ness and all expenses of
said sale as provided in
said Deed, and the bal
ance, if any, will be distrib
uted as provided by law.
The sale will be con
ducted subject (1) to con
firmation 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 secured
creditor.
The property is or may
be in the possession of
The Representative of
the Estate of Silas Ruben
Miller and Mary Miller,
successor in interest or
tenant(s).
U.S. Bank National As
sociation, as Trustee, for
Manufactured Housing
Contract Senior/Subordi-