Newspaper Page Text
THE MADISON COUNTY (GAt JOURNAL. THURSDAY. APRIL 23. 2009 - PAGE 7B
Public Notices Continued
the payment of said indebt
edness, 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.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Clinton
A. Coile
Anthony DeMarlo, Attorney/
smitchell
McCurdy & Candler,
L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-17432 /FHA
THIS LAW FIRM IS ACT
ING AS A DEBT COLLEC
TOR AND IS ATTEMPTING
TO COLLECT A DEBT.
ANY INFORMATION OB
TAINED WILL BE USED
FOR THAT PURPOSE.
(AP9,16,23,30B/1325-60)
gpn11
Notice of Sale
Notice of Sale Under Power
By virtue of the power
of sale contained in a
Deed to Secure Debt by
ROBERT SMITH, JR. to
CITIFINANCIAL SERVICES,
INC., dated August 15, 2007,
and filed for record August
17, 2007, in Deed Book
1046, Page 16, Madison
County, Georgia Records,
and securing a Note in the
original principal amount of
$105,448.57, there will be
sold at a public outcry for
cash to the highest bidder
before the Courthouse door
of Madison County, Georgia,
between the legal hours of
sale on the first Tuesday in
May 2009, by CitiFinancial
Services, Inc. as Attorney-in-
Fact for Robert Smith, Jr. the
following property to-wit:
THE FOLLOWING
described property: ALL
THAT TRACT or parcel of
land containing 0.722 of an
acre, more or less, together
with improvements thereon,
situate, lying and being in
the 382nd District GM of
Madison County, Georgia,
and being more particularly
shown and designated as Lot
22 on plat of subdivision enti
tled “Final Plat for Patterson
Place” prepared by Chandler
Armentrout and Roebuck,
PC, Wallace Long Hambrick,
Registered Surveyor, dated
June 5,1989, recorded in Plat
Book 27, Page 57, Madison
County Records, which plat
and record are by reference
incorporated herein.
BEING THE SAME fee
simple property conveyed
by deed from Catherine
Seymour f/k/a Catherine
Batson to Robert Smith, Jr.,
dated 03/09/1999, recorded
on 03/15/1999 in Book 184,
Page 227, in Madison County
Records, State of GA.
The above described prop
erty is also known as 235
Foote McClellan Road,
Colbert, GA 30628.
The indebtedness secured
by said Deed to Secure Debt
having been declared due
and payable because of
default in the payment of the
indebtedness secured there
by, this sale will be made
for the purpose of paying
the same and all expenses
of sale, including attorney’s
fees, if applicable.
The property will be sold
as the property of the afore
said grantor subject to the
following: all prior restric
tive covenants, easements,
rights-of-way, security deeds,
or encumbrances of record;
all valid zoning ordinances;
matters which would be dis
closed by an accurate sur
vey of the property or by any
inspection of the property; all
outstanding taxes, assess
ments, unpaid bills, charges,
and expenses that are a lien
against the property whether
due and payable or not yet
due and payable.
To the best of the under
signed's knowledge and
belief, possession of the
subject property is held by
Robert Smith, Jr.
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 mort
gage is as follows:
CitiFinancial Services, Inc.
Attn: Loss Mitigation Dept.
3950 Regent Blvd.
MS - S2A - 286
Irving TX 75063
Telephone number: 800-
423-8158.
The foregoing notwith
standing, nothing in O.C.G.A.
§ 44-14-162.2 shall be con
strued to require CitiFinancial
Services, Inc. to negotiate,
amend or modify the terms
of the Deed to Secure Debt
described herein.
CitiFinancial Services,
Inc. as Attorney-in-Fact for
Robert Smith, Jr.
SHUPING, MORSE &
ROSS, LLP
By: S. Andrew Shuping,
Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road,
Suite 100
Riverdale, Georgia 30274-
1698
(770) 991-0000
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. ANY INFORMA
TION OBTAINED WILL BE
USED FOR THAT PUR
POSE.
(AP9,16,23,30B/119-60)
gpn11
Notice of Sale
Notice of Sale Under Power
in Security Deed
State of Georgia
County of Madison
On September 3, 2005,
JOSH SCARBOROUGH
executed a Deed to
Secure Debt With Power
of Sale to MERCHANTS
& FARMERS BANK secur
ing a note of even date in
the amount of TWENTY
THREE THOUSAND NINE
HUNDRED SIXTY-ONE
AND 90/100 DOLLARS
($23,961.90), said security
deed being recorded in Deed
Book 834, Pages 216-220,
Madison County Records.
Said security deed conveyed
the property hereinafter
described.
By virtue of the power of
sale contained in said secu
rity deed to Merchants &
Farmers Bank there will be
sold by the undersigned at
public outcry to the highest
bidder for cash, before the
Madison County Courthouse
door in Madison County,
Georgia, during the legal
hours of sale, being 10 a.m.
until 4 p.m. Eastern Time, on
the first Tuesday in May, the
same being May 5, 2009, the
following described property:
All that tract or parcel of
land containing 1.66 acres,
more or less, lying and being
in the 383rd GMD, Madison
County, Georgia. Said tract
bounded now or formerly on
the north by Buford Carey;
on the east by Buford Carey;
on the south by Buford Carey
and on the west by Buford
Carey.
Said tract of land is par
ticularly shown and delin
eated on a plat prepared by
John H. Wood, Jr., County
Surveyor, dated March 29,
1978, recorded in Plat Book
18, Page 429, Madison
County Records, which plat
and record are by reference
incorporated herein.
There is also conveyed
herewith a right of way,
same being an easement of
perpetuity and running with
the land for the purposes
of ingress, egress and utili
ties, over through and across
lands of Buford Carey, and
particularly shown and des
ignated on the above refer
enced plat of record, which
plat of record, which plat and
record of easement is by ref
erence incorporated herein.
The debt secured by said
security deed and note has
been and is hereby declared
due and payable because
of default for non-payment
as required by the note and
security deed. The debt
having been declared due
and payable and remain
ing unpaid, and the terms in
the note and security deed
remaining in default, this
sale will be made for the pur
pose of paying the principal,
accrued interest and attor
ney’s fees pursuant to the
note and security deed, plus
all expenses of this sale.
Said property will be sold
as the property of Josh
Scarborough and subject
to outstanding ad valorem
taxes and/or easements
and/or restrictive covenants
appearing of record, if any.
The undersigned will comply
with Georgia law, O.C.G.A.
Section 44-14-162.2, prior to
conducting the sale.
To the best knowledge and
belief of the undersigned,
equitable title to said prop
erty is now held by Josh
Scarborough.
The entity with full author
ity to negotiate, amend
and modify all terms of the
mortgage with Debtors is
Merchants & Farmers Bank,
RO. Box 95, Comer, Georgia
30629, Phone Number 706-
783-5161.
The undersigned will exe
cute a deed to the purchaser
at said sale as provided in
the aforementioned deed to
secure debt to Merchants &
Farmers Bank.
Dated this 30th day of
March, 2009.
Merchants & Farmers
Bank Attorney-in-fact for
Josh Scarborough
Brian C. Ranck
P. O. Box 1005
Toccoa, GA 30577
706-886-7533
Attorney for Merchants &
Farmers Bank
(AP9,16.23,30P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed by
EDMUND PORTERFIELD to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated June 22, 2001, in
the amount of $65,000.00,
and recorded in Deed Book
350, Page 182, Madison
County, Georgia Records, as
last transferred to Mortgage
Electronic Registration
Systems, Inc. by assignment,
the undersigned, Mortgage
Electronic Registration
Systems, Inc. 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 May,
2009, during the legal hours
of sale, at the Courthouse
door in Madison County, sell
at public outcry to the high
est bidder for cash, the prop
erty described in said deed
to-wit:
All that tract or parcel
of land, together with all
improvements thereon, con
taining 2.66 acres, more
or less, lying and being in
the 383rd District, G.M. of
Madison County, Georgia,
and designated as Lot 3B
of Block E on plat of survey
prepared by Cornerstone
Land Surveying, James R.
Smith, Georgia Registered
Land Surveying, being enti
tled Plat for Turtle Creek
Subdivision, recorded in Plat
Book 31, Page 18, in the
Office of the Clerk of the
Superior Court of Madison
County, Georgia, which plat
and recording thereof are
incorporated herein by refer
ence for a more particular
description of the property.
which has the property
address of 175 Turtle Creek
Lane, Commerce, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held sub
ject to any unpaid taxes,
assessments, rights-of-way,
easements, protective cov
enants 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 con
firmation 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 Edmund
Porterfield and the proceeds
of said sale will be applied to
the payment of said indebt
edness, 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.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Edmund
Porterfield
Anthony DeMarlo, Attorney/
cyeats
McCurdy & Candler,
L.L.C.
Email legals to: legals@
mainstreetnews.com
in Microsoft Word format.
(404)373-1612
www.mccurdycandler.com
File No. 09-06422 /FNMA
THIS LAW FIRM IS ACT
ING AS A DEBT COLLEC
TOR AND IS ATTEMPTING
TO COLLECT A DEBT.
ANY INFORMATION OB
TAINED WILL BE USED
FOR THAT PURPOSE.
(AP9.16.23.30B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
THIS LAW FIRM IS
ACTING AS A DEBT COL
LECTOR ATTEMPTING
TO COLLECT A DEBT.
ANY INFORMATION OB
TAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
RANDALL DAVIS SPENCE
and MELINDA SPENCE to
H&R BLOCK MORTGAGE
CORPORATION, dated
August 25, 2003, recorded in
Deed Book 1047, Page 76,
Madison County, Georgia
Records, as last trans
ferred to HSBC Bank USA,
National Association as
Trustee for ACE Securities
Corp. Home Equity Loan
Trust, Series 2003-OP1
Asset Backed Pass-Through
Certificates by assignment
to be recorded in the Office
of the Clerk of Superior
Court of Madison County,
Georgia Records, conveying
the after-described property
to secure a Note in the origi
nal principal amount of TWO
HUNDRED TWENTY-FOUR
THOUSAND AND 0/100
DOLLARS ($224,000.00),
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 Madison County, Georgia,
within the legal hours of sale
on the first Tuesday in May,
2009, the following described
property:
Parcel One
All that tract or parcel
of land, together with all
improvements thereon,
situate, lying and being in
the 204th District, G.M. of
Madison County, Georgia,
containing 3.71 acres, more
or less, and having such
shape, metes, corners, and
distance as more particularly
shown on a survey entitled
“Survey for Randy Spence,”
dated July 21, 1997, by Dean
H. Teasley, Registered Land
Surveyor, and recorded in
Plat Book 35, Page 33, in
the Office of the Clerk of
Superior Court of Madison
County, Georgia which said
plat and the record thereof
are by reference incorporat
ed herein.
Parcel Two
All that tract or parcel of
land situate, lying and being
in the 204th District, G.M.
of Madison County, Georgia,
containing 5.00 acres, more
or less, lying on the westerly
side of U.S Highway No. 29
and being more particular
ly shown and described as
5.00 acres according to that
certain plat entitled “Survey
For Lee Watson” dated July
26, 1997, prepared by Dean
H. Teasley, Registered Land
Surveyor, and recorded at
Plat Book 39, Page 170, in
the Office of the Clerk of
Superior Court of Madison
County, Georgia, which said
plat and the record thereof
by reference incorporated
herein.
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 indebted
ness 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 attor
neys fees (notice of intent to
collect attorneys fees having
been given).
American Home Mortgage
Servicing Inc. can be con
tacted at 877-304-3100 or by
writing to 6501 Irvine Center
Drive, Irvine, CA 92618, 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 assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 Randall Davis
Spence and Melinda Spence
or a tenant or tenants and
said property is more com
monly known as 2063 Hwy.
29 North, Danielsville,
Georgia 30633.
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 con
firmation and audit of the
status of the loan with the
holder of the security deed.
HSBC Bank USA, National
Association as Trustee for
ACE Securities Corp. Home
Equity Loan Trust, Series
2003-OP1 Asset Backed
Pass-Through Certificates as
Attorney in Fact for Randall
Davis Spence and Melinda
Spence
Johnson & Freedman,
LLC
1587 Northeast
Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/akO 5/5/09
Our file no. 1259507-FT1
(AP9,16,23,30B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
THIS LAW FIRM IS
ACTING AS A DEBT COL
LECTOR ATTEMPTING
TO COLLECT A DEBT.
ANY INFORMATION OB
TAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
HERBERT WATKINS to
WELLS FARGO HOME
MORTGAGE INC., dated
July 2, 2003, recorded in
Deed Book 606, Page 127,
Madison County, Georgia
Records, conveying the
after-described property to
secure a Note in the origi
nal principal amount of ONE
HUNDRED THOUSAND
NINE HUNDRED FORTY-
ONE AND 0/100 DOLLARS
($100,941.00), with interest
thereon as set forth therein,
there will be sold at public
outcry to the highest bid
der for cash before the
Courthouse door of Madison
County, Georgia, within the
legal hours of sale on the
first Tuesday in May, 2009,
the following described prop
erty:
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 indebted
ness 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 attor
neys fees (notice of intent to
collect 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 assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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:
Wells Fargo Home Mortgage,
Inc., PO Box 10335, Des
Moines, IA 50306, 1-800-
416-1472. Please under
stand that the secured credi
tor 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 Herbert
Watkins or a tenant or ten
ants and said property is
more commonly known as
195 Bedford Drive, Hull,
Georgia 30646.
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 con
firmation and audit of the
status of the loan with the
holder of the security deed.
Wells Fargo Bank, NAsbm
Wells Fargo Home Mortgage,
Inc. as Attorney in Fact for
Herbert Watkins
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosu rehotline,
net
MR/car 5/5/09
Our file no. 52870706-FT5
EXHIBIT A
All that tract or parcel
of land, together with all
improvements thereon, situ
ate, lying and being in the
382nd District, G.M., Madison
County, Georgia, on the
southeasterly side of Bedford
Drive, and being particularly
shown and designated as Lot
No. 10, Block “A”, Windsor
Heights Subdivision, on a
plat prepared by Sherald G.
Sharp, Registered Surveyor,
dated June 29, 1983, entitled
“Survey for Leslie E. Sorrow
and Virginia P. Sorrow”
recorded in Plat Book 20,
Page 501, in the Office of
the Clerk, Superior Court,
Madison County, Georgia
reference being hereby
made to said plat for a more
complete description of the
property herein conveyed.
(AP9,16,23,30B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Madison County
THIS LAW FIRM IS
ACTING AS A DEBT COL
LECTOR ATTEMPTING
TO COLLECT A DEBT.
ANY INFORMATION OB
TAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in
a Security Deed given by
TIFFANY S. ALEWINE,
NICHOLAS J. FLORES,
FLOYD P. ALEWINE and
CRYSTAL P. ALEWINE to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC., dated March 29, 2006,
recorded in Deed Book 900,
Page 98, Madison 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 Madison County, Georgia
Records, conveying the after-
described property to secure
a Note in the original principal
amount of ONE HUNDRED
TWENTY-NINE THOUSAND
TWO HUNDRED NINETY-
FIVE AND 0/100 DOLLARS
($129,295.00), with interest
thereon as set forth therein,
there will be sold at public
outcry to the highest bid
der for cash before the
Courthouse door of Madison
County, Georgia, within the
legal hours of sale on the
first Tuesday in May, 2009,
the following described prop
erty:
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 indebted
ness 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 attor
neys fees (notice of intent to
collect 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 assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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:
Wells Fargo Home Mortgage,
Inc., PO Box 10335, Des
Moines, IA 50306, 1-800-
416-1472. Please under
stand that the secured credi
tor 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,
continued on following page