Entries from February 2010
Mamie Lou Turner
COMMERCE – Mamie Lou Turner, 94, died Thursday, February 25, 2010, in Cleveland. Born in Banks County, she was the daughter of the late Frank and Mary Flanagan Beck. Mrs. Turner was preceded in death by her husband, Quilla Golden Turner; and a son, Howard J. Turner. Survivors include children, Jerry J. Turner, Carnesville, Lillie Martin, ...
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Banks County Public Records 02-24-10
Notice of Sale
Advertisement of Sale
Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from MICHAEL N. BROWN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated March 17, 2008 and recorded on March 19, 2008 in Deed Book 322, Pages 569-571, as re-recorded in Deed Book 323, Pages 568-570, Banks County, Georgia records. This Security Deed secures a Note dated March 23, 2009 in the original principal amount of $133,674.00, plus interest; said Note is further collateralized by UCC Financing Statement recorded in Deed Book 323, Pages 192-193 and filed under Seq. No. 00608071, Banks County, Georgia Records, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being that 0.926 acres, more or less, designated as Lot 9, on a plat of survey for Cannon Creek Subdivision prepared by Davidson Land Surveying, Inc., Registered Surveyor, dated December 5, 2007, recorded in Plat Book G, Page 65, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with all building materials, equipment, and fixtures as purchased for use on the projects located at: 170 Thompson Street, Homer, GA 30547, Cannon Creek Subdivision Lot #9, whether any of the foregoing is owned now or acquired later; all accessions, additional, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Michael N. Brown and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Michael N. Brown.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Michael N. Brown
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(FE3,10,17,24P4)
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Notice of Sale
Advertisement of Sale
Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt With Power of Sale (hereinafter known as the (Security Deed() from PERRY E. MCDONALD, SR. A/K/A PERRY E. MCDONALD AND MARGARET CAROLE MCDONALD A/K/A CAROLE M. MCDONALD to NORTHEAST GEORGIA BANK, dated November 12, 2008 and recorded on November 13, 2008 in Deed Book 333, Pages 223-226, Banks County, Georgia records. This Security Deed secures a Note dated November 12, 2008 in the original principal amount of $132,525.13, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 20.963 acres, more or less, designated as Tract 1, on a plat of survey prepared for Perry McDonald, Sr., Alice Bullock, Eric McDonald & Harrison McDonald by Max Lewallen, Registered Surveyor, dated December 27, 2002, recorded in Plat Book D, Page 125, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Less and Except: All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Perry E. McDonald, Sr. & Margaret C. McDonald by Max Lewallen, Registered Surveyor, dated November 29, 2006, recorded in Plat Book 30, Page 171, in the Office of the Clerk of the Superior Court of banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT: All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Tract No. 3; and that 1.900 acres, more or less, designated as Tract No. 4, on a plat of survey prepared for Jim Bryson by Ingram, Lord & Associates, Registered Surveyor, dated November 4, 2008, recorded in Plat Book G, Page 131, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 0.50 acres, more or less, designated as Tract No. 1; on a plat of survey prepared for Jim Bryson by Ingram, Lord & Associates, Registered Surveyor, dated November 4, 2008, recorded in Plat Book G, Page 131, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Perry E. McDonald and Carole M. McDonald and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Perry E. McDonald and Carole M. McDonald.
NORTHEAST GEORGIA BANK As Attorney-in-fact for: Perry E. McDonald and Carole M. McDonald
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(FE3,10,17,24P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt from RONALD F. RAFALA and ALICIA S. RAFALA (“Grantors”) to PINNACLE BANK (“Grantee”), dated June 16, 2005, recorded July 11, 2005, in Deed Book 261, Page 275, Banks County, Georgia Records, as modified by that certain Modification of Deed to Secure Debt dated June 23, 2005, recorded November 17, 2005, in Deed Book 270, Page 729, aforesaid records (as modified, the “Security Deed”), conveying the after-described property to secure that certain Commercial Promissory Note dated June 23, 2005, from Grantors payables to Grantee in the original principal amount of THREE HUNDRED FIFTY NINE THOUSAND AND NO/100 DOLLARS ($359,000.00), 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2010, the following described property:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 6.00 acres, more or less, designated as Tract 2; and that 13.90 acres, more or less, designated as Tract 3, as more particularly shown on a plat of survey prepared for Charles & Carolyn Dowdy by Venable & Associates, Inc., Registered Surveyor, dated March 13, 1990, recorded in Plat Book 15, Page 130, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds 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 Deeds, 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 property, 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 Deed.
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 undersigned’s knowledge and belief, the property is located at 723 Yonah Homer Road, Homer, Banks County, Georgia, and the parties in possession of the property are Ronald F. Rafala and Alicia S. Rafala, or their tenant or tenants.
PINNACLE BANK, as Attorney-in-Fact for Ronald F. Rafala and Alicia S. Rafala
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE3,10,17,24P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 MICHAEL D. GRAGG and LARYSSA L. GRAGG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 11, 2009, recorded in Deed Book 344, Page 724, Banks 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 Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND NINE HUNDRED EIGHTY-EIGHT AND 0/100 DOLLARS ($140,988.00), 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 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 collect 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 assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, 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: 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 property is Michael D. Gragg and Laryssa L. Gragg or a tenant or tenants and said property is more commonly known as 601 McCoy Bridge Rd., Homer, Georgia 30547.
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 Michael D. Gragg and Laryssa L. Gragg
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lw9 3/2/10 Our file no. 53891809-FT11
EXHIBIT “A”
The land referred to herein below is situated in the County of Banks, State of Georgia and is described as follows: All that tract or parcel of land together with improvements thereon, lying and being in the 265 GMD City of Homer, Banks County, Georgia, containing 2.05 acres, as shown on plat of survey for Janice Freeman by G. Brian Slate, RLS dated December 18, 2002 recorded in Plat Book 27, Page 80, in the Office of the Clerk of Superior Court of Banks County, Georgia which said plat is incorporated herein by reference and made a part of this description. Being a portion of the property conveyed to Janice Ann Dalton Freeman by virtue of a deed of gift from Vera M Dalton to Janice Ann Dalton Freeman dated August 3, 1998 recorded in Deed Book 132, Page 450, Banks County Records. Parcel ID B51032B Commonly known as 601 McCoy Bridge Road, Homer GA 30547 MR/lw9 3/2/10 Our file no. 53891809 - FT11
(FE3,10,17,24B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 KEITH BARKLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2005, recorded in Deed Book 267, Page 205, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETEEN THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($119,100.00), 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 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 collect 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 assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. 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 Keith Barkley or a tenant or tenants and said property is more commonly known as 132 Buckeye Point, 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. Chase Home Finance LLC as Attorney in Fact for Keith Barkley McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kb4 3/2/10 Our file no. 53526509-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th GMD of Banks County, Georgia, being Lot 2D, containing 1.021 acres, more or less, as per plat of survey for Buckeye Trails Subdivision, prepared by Cornerstone Land Surveying, Georgia Registered Surveyors, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 26, Page 116. Said plat as recorded, is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/kb4 3/2/10 Our file no. 53526509 - FT14
(FE3,10,17,24B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), 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 Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. 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). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, 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, 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 James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S., Lula, Georgia 30554.
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.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/hq1 3/2/10 Our file no. 1346907-FT3
(FE3,10,17,24B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by DAVID PATTON and STEFANIE PATTON to MUTUAL SAVINGS CREDIT UNION, dated August 4, 2005, and recorded in Deed Book 264, Page 243, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to The Bank of New York Mellon, fka The Bank of New York as Successor in Interest to JP Morgan Chase Bank NA as Trustee for MASTR Alternative Loan Trust, Mortgage Pass-Through Certificates, Series 2006-3, by Assignment securing a Note in the original principal amount of $134,400.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, March 2, 2010, 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 in the 465 G.M.D., Banks County, Georgia, designated as Lot 65B of Oak Ridge Subdivision, as shown on plat of survey of Farley-Collins Associates, dated July 10, 1997, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 22, Page 62. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Existing easements and rights of way for public roads subject to and utilities now in use.
Said property is known as 157 Bel Air Drive, Maysville, GA 30558, 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, encumbrances, 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 David Patton and Stefanie Patton, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of David Patton and Stefanie Patton, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
The Bank of New York Mellon, fka The Bank of New York as Successor in Interest to JP Morgan Chase Bank NA as Trustee for MASTR Alternative Loan Trust, Mortgage Pass-Through Certificates, Series 2006-3 as Attorney-in-Fact for David Patton and Stefanie Patton
File no. 09-018892
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/HP
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(FE3,10,17,24B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by TIFFANY DAWN HAGGARD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 5, 2006, in the amount of $347,000.00, and recorded in Deed Book 283, Page 598, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2010, during the legal hours of sale, at the Courthouse door in Banks 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 in the 207th District, G.M., Banks County, Georgia, and being that 2.046 acres, more or less, designated as Tract 2, as more particularly shown on a plat of survey prepared for Ruth Chambers by Woods and Chastain Surveyors, Inc., Registered Surveyor, dated November 9, 2000, recorded at Plat Book D, Page 42, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
which has the property address of 510 Chambers Rd., Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants 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 confirmation 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 Tiffany Dawn Haggard and the proceeds of said sale will be applied to the payment of said indebtedness, 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Tiffany Dawn Haggard
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-25720 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE3,10,17,24B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 VERONICA D. KELLEY and JAMES PATRICK KELLEY, SR. to NATIONPOINT, a Division of National City Bank, dated November 24, 2006, recorded in Deed Book 293, Page 781, Banks County, Georgia Records, as last transferred to U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND EIGHT HUNDRED FIFTY AND 0/100 DOLLARS ($76,850.00), 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 Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 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 collect 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 assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, 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: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, Pittsburgh, PA 15212, 800-622-5035. 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 Veronica D. Kelley or a tenant or tenants and said property is more commonly known as 541 Garland White Road, Alto, Georgia 30510. 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, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 as Attorney in Fact for Veronica D. Kelley and James Patrick Kelley, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sj4 3/2/10
Our file no. 554510-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia, containing 0.287 acres, more or less, as shown on plat of survey prepared for William W. Purdy, Jr. by Roy A. Terrell, RLS, dated April 5, 1996 and recorded in Plat Book 22, Page 200, Banks County, Georgia records, to which plat reference is made for a more detailed description. MR/sj4 3/2/10 Our file no. 554510 - FT1
(FE3,10,17,24B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by WILLIAM STACEY STANDRIDGE and MELISSA MARTIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for THE CIT GROUP/CONSUMER FINANCE, INC., dated January 20, 2006, and recorded in Deed Book 274, Page 850, Banks County, Georgia Records, as last transferred to HSBC Bank USA, N.A. as Trustee on behalf of the ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE2, Asset Backed Pass-Through Certificates by Assignment to be filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $120,000.00, 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2010, to wit: March 2, 2010, the following described property:
All that tract or parcel of land lying and being in the 448th, G.M.D., Banks County, Georgia, CONTAINING 2.00 ACRES, more or less, lying on Wynn Lake Road, as more fully shown and described on a Plat of Survey dated August 15, 2001, prepared by James Robert Cheatham, Georgia Registered Land Surveyor No. 1525, for Melissa Martin, recorded in Plat Book 26, Page 54, Public Records of Banks County, Georgia. Said plat is incorporated herein by reference for a more detailed description of said property.
This is the same property as conveyed by Warranty Deed (Joint Tenancy with Survivorship) from Melissa Martin to Melissa Martin and William Stacey Standridge, dated September 14, 2001, and recorded in Deed Book 179, Pages 216-217, Banks County Records.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 1718 Wynn Lake Road, Alto, GA 30510 is (are): William Stacey Standridge and Melissa Martin or tenant or tenants.
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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) 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 nonjudicial 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 in the preceding paragraph.
HSBC Bank USA, N.A. as Trustee on behalf of the ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE2, Asset Backed Pass-Through Certificates as attorney in fact for William Stacey Standridge and Melissa Martin
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC09-894
(FE3,10,17,24P4)
[Full Story »]
Advertisement of Sale
Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from MICHAEL N. BROWN to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated March 17, 2008 and recorded on March 19, 2008 in Deed Book 322, Pages 569-571, as re-recorded in Deed Book 323, Pages 568-570, Banks County, Georgia records. This Security Deed secures a Note dated March 23, 2009 in the original principal amount of $133,674.00, plus interest; said Note is further collateralized by UCC Financing Statement recorded in Deed Book 323, Pages 192-193 and filed under Seq. No. 00608071, Banks County, Georgia Records, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being that 0.926 acres, more or less, designated as Lot 9, on a plat of survey for Cannon Creek Subdivision prepared by Davidson Land Surveying, Inc., Registered Surveyor, dated December 5, 2007, recorded in Plat Book G, Page 65, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with all building materials, equipment, and fixtures as purchased for use on the projects located at: 170 Thompson Street, Homer, GA 30547, Cannon Creek Subdivision Lot #9, whether any of the foregoing is owned now or acquired later; all accessions, additional, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Michael N. Brown and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Michael N. Brown.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Michael N. Brown
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(FE3,10,17,24P4)
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Notice of Sale
Advertisement of Sale
Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt With Power of Sale (hereinafter known as the (Security Deed() from PERRY E. MCDONALD, SR. A/K/A PERRY E. MCDONALD AND MARGARET CAROLE MCDONALD A/K/A CAROLE M. MCDONALD to NORTHEAST GEORGIA BANK, dated November 12, 2008 and recorded on November 13, 2008 in Deed Book 333, Pages 223-226, Banks County, Georgia records. This Security Deed secures a Note dated November 12, 2008 in the original principal amount of $132,525.13, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2010, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 20.963 acres, more or less, designated as Tract 1, on a plat of survey prepared for Perry McDonald, Sr., Alice Bullock, Eric McDonald & Harrison McDonald by Max Lewallen, Registered Surveyor, dated December 27, 2002, recorded in Plat Book D, Page 125, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Less and Except: All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Perry E. McDonald, Sr. & Margaret C. McDonald by Max Lewallen, Registered Surveyor, dated November 29, 2006, recorded in Plat Book 30, Page 171, in the Office of the Clerk of the Superior Court of banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT: All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Tract No. 3; and that 1.900 acres, more or less, designated as Tract No. 4, on a plat of survey prepared for Jim Bryson by Ingram, Lord & Associates, Registered Surveyor, dated November 4, 2008, recorded in Plat Book G, Page 131, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 0.50 acres, more or less, designated as Tract No. 1; on a plat of survey prepared for Jim Bryson by Ingram, Lord & Associates, Registered Surveyor, dated November 4, 2008, recorded in Plat Book G, Page 131, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Perry E. McDonald and Carole M. McDonald and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Perry E. McDonald and Carole M. McDonald.
NORTHEAST GEORGIA BANK As Attorney-in-fact for: Perry E. McDonald and Carole M. McDonald
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(FE3,10,17,24P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt from RONALD F. RAFALA and ALICIA S. RAFALA (“Grantors”) to PINNACLE BANK (“Grantee”), dated June 16, 2005, recorded July 11, 2005, in Deed Book 261, Page 275, Banks County, Georgia Records, as modified by that certain Modification of Deed to Secure Debt dated June 23, 2005, recorded November 17, 2005, in Deed Book 270, Page 729, aforesaid records (as modified, the “Security Deed”), conveying the after-described property to secure that certain Commercial Promissory Note dated June 23, 2005, from Grantors payables to Grantee in the original principal amount of THREE HUNDRED FIFTY NINE THOUSAND AND NO/100 DOLLARS ($359,000.00), 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2010, the following described property:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 6.00 acres, more or less, designated as Tract 2; and that 13.90 acres, more or less, designated as Tract 3, as more particularly shown on a plat of survey prepared for Charles & Carolyn Dowdy by Venable & Associates, Inc., Registered Surveyor, dated March 13, 1990, recorded in Plat Book 15, Page 130, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds 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 Deeds, 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 property, 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 Deed.
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 undersigned’s knowledge and belief, the property is located at 723 Yonah Homer Road, Homer, Banks County, Georgia, and the parties in possession of the property are Ronald F. Rafala and Alicia S. Rafala, or their tenant or tenants.
PINNACLE BANK, as Attorney-in-Fact for Ronald F. Rafala and Alicia S. Rafala
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE3,10,17,24P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 MICHAEL D. GRAGG and LARYSSA L. GRAGG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 11, 2009, recorded in Deed Book 344, Page 724, Banks 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 Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND NINE HUNDRED EIGHTY-EIGHT AND 0/100 DOLLARS ($140,988.00), 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 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 collect 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 assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, 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: 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 property is Michael D. Gragg and Laryssa L. Gragg or a tenant or tenants and said property is more commonly known as 601 McCoy Bridge Rd., Homer, Georgia 30547.
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 Michael D. Gragg and Laryssa L. Gragg
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lw9 3/2/10 Our file no. 53891809-FT11
EXHIBIT “A”
The land referred to herein below is situated in the County of Banks, State of Georgia and is described as follows: All that tract or parcel of land together with improvements thereon, lying and being in the 265 GMD City of Homer, Banks County, Georgia, containing 2.05 acres, as shown on plat of survey for Janice Freeman by G. Brian Slate, RLS dated December 18, 2002 recorded in Plat Book 27, Page 80, in the Office of the Clerk of Superior Court of Banks County, Georgia which said plat is incorporated herein by reference and made a part of this description. Being a portion of the property conveyed to Janice Ann Dalton Freeman by virtue of a deed of gift from Vera M Dalton to Janice Ann Dalton Freeman dated August 3, 1998 recorded in Deed Book 132, Page 450, Banks County Records. Parcel ID B51032B Commonly known as 601 McCoy Bridge Road, Homer GA 30547 MR/lw9 3/2/10 Our file no. 53891809 - FT11
(FE3,10,17,24B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 KEITH BARKLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 31, 2005, recorded in Deed Book 267, Page 205, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETEEN THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($119,100.00), 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 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 collect 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 assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. 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 Keith Barkley or a tenant or tenants and said property is more commonly known as 132 Buckeye Point, 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. Chase Home Finance LLC as Attorney in Fact for Keith Barkley McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/kb4 3/2/10 Our file no. 53526509-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th GMD of Banks County, Georgia, being Lot 2D, containing 1.021 acres, more or less, as per plat of survey for Buckeye Trails Subdivision, prepared by Cornerstone Land Surveying, Georgia Registered Surveyors, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 26, Page 116. Said plat as recorded, is hereby referenced for a more detailed description of said property. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/kb4 3/2/10 Our file no. 53526509 - FT14
(FE3,10,17,24B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), 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 Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. 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). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, 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, 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 James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S., Lula, Georgia 30554.
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.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/hq1 3/2/10 Our file no. 1346907-FT3
(FE3,10,17,24B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by DAVID PATTON and STEFANIE PATTON to MUTUAL SAVINGS CREDIT UNION, dated August 4, 2005, and recorded in Deed Book 264, Page 243, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to The Bank of New York Mellon, fka The Bank of New York as Successor in Interest to JP Morgan Chase Bank NA as Trustee for MASTR Alternative Loan Trust, Mortgage Pass-Through Certificates, Series 2006-3, by Assignment securing a Note in the original principal amount of $134,400.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, March 2, 2010, 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 in the 465 G.M.D., Banks County, Georgia, designated as Lot 65B of Oak Ridge Subdivision, as shown on plat of survey of Farley-Collins Associates, dated July 10, 1997, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 22, Page 62. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Existing easements and rights of way for public roads subject to and utilities now in use.
Said property is known as 157 Bel Air Drive, Maysville, GA 30558, 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, encumbrances, 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 David Patton and Stefanie Patton, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of David Patton and Stefanie Patton, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
The Bank of New York Mellon, fka The Bank of New York as Successor in Interest to JP Morgan Chase Bank NA as Trustee for MASTR Alternative Loan Trust, Mortgage Pass-Through Certificates, Series 2006-3 as Attorney-in-Fact for David Patton and Stefanie Patton
File no. 09-018892
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/HP
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(FE3,10,17,24B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by TIFFANY DAWN HAGGARD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 5, 2006, in the amount of $347,000.00, and recorded in Deed Book 283, Page 598, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2010, during the legal hours of sale, at the Courthouse door in Banks 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 in the 207th District, G.M., Banks County, Georgia, and being that 2.046 acres, more or less, designated as Tract 2, as more particularly shown on a plat of survey prepared for Ruth Chambers by Woods and Chastain Surveyors, Inc., Registered Surveyor, dated November 9, 2000, recorded at Plat Book D, Page 42, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
which has the property address of 510 Chambers Rd., Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants 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 confirmation 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 Tiffany Dawn Haggard and the proceeds of said sale will be applied to the payment of said indebtedness, 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.
Ocwen Loan Servicing, LLC Attorney in Fact for Tiffany Dawn Haggard
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-25720 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE3,10,17,24B/1325-50)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 VERONICA D. KELLEY and JAMES PATRICK KELLEY, SR. to NATIONPOINT, a Division of National City Bank, dated November 24, 2006, recorded in Deed Book 293, Page 781, Banks County, Georgia Records, as last transferred to U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND EIGHT HUNDRED FIFTY AND 0/100 DOLLARS ($76,850.00), 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 Banks County, Georgia within the legal hours of sale on the first Tuesday in March, 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 collect 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 assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, 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: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, Pittsburgh, PA 15212, 800-622-5035. 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 Veronica D. Kelley or a tenant or tenants and said property is more commonly known as 541 Garland White Road, Alto, Georgia 30510. 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, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 as Attorney in Fact for Veronica D. Kelley and James Patrick Kelley, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sj4 3/2/10
Our file no. 554510-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia, containing 0.287 acres, more or less, as shown on plat of survey prepared for William W. Purdy, Jr. by Roy A. Terrell, RLS, dated April 5, 1996 and recorded in Plat Book 22, Page 200, Banks County, Georgia records, to which plat reference is made for a more detailed description. MR/sj4 3/2/10 Our file no. 554510 - FT1
(FE3,10,17,24B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by WILLIAM STACEY STANDRIDGE and MELISSA MARTIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for THE CIT GROUP/CONSUMER FINANCE, INC., dated January 20, 2006, and recorded in Deed Book 274, Page 850, Banks County, Georgia Records, as last transferred to HSBC Bank USA, N.A. as Trustee on behalf of the ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE2, Asset Backed Pass-Through Certificates by Assignment to be filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $120,000.00, 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 Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2010, to wit: March 2, 2010, the following described property:
All that tract or parcel of land lying and being in the 448th, G.M.D., Banks County, Georgia, CONTAINING 2.00 ACRES, more or less, lying on Wynn Lake Road, as more fully shown and described on a Plat of Survey dated August 15, 2001, prepared by James Robert Cheatham, Georgia Registered Land Surveyor No. 1525, for Melissa Martin, recorded in Plat Book 26, Page 54, Public Records of Banks County, Georgia. Said plat is incorporated herein by reference for a more detailed description of said property.
This is the same property as conveyed by Warranty Deed (Joint Tenancy with Survivorship) from Melissa Martin to Melissa Martin and William Stacey Standridge, dated September 14, 2001, and recorded in Deed Book 179, Pages 216-217, Banks County Records.
The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as 1718 Wynn Lake Road, Alto, GA 30510 is (are): William Stacey Standridge and Melissa Martin or tenant or tenants.
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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) 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 nonjudicial 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 in the preceding paragraph.
HSBC Bank USA, N.A. as Trustee on behalf of the ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE2, Asset Backed Pass-Through Certificates as attorney in fact for William Stacey Standridge and Melissa Martin
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FC09-894
(FE3,10,17,24P4)
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