Legals for the week of Dec. 23 - 30, 2016

December 23, 2016 chris
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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated January 30, 2004, executed by Gene Story Smith and Dorothy Burger Smith, husband and wife, to Mortgage Electronic Registration Systems, Inc., as nominee for Homecomings Financial Network, Inc., which mortgage was recorded on February 3, 2004, in Doc. #M-2004-0437, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Ditech Financial LLC, A Delaware Limited Liability Company, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on January 18, 2017, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT NUMBER SEVEN (7), BIG OAK ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “I”, PAGE 156, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA, LYING AND BEING IN SOUTHSIDE, ETOWAH COUNTY, ALABAMA.

This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.  This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the County where the above-described property is situated.  This property will be sold without warranty or recourse, expressed or implied as to condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto. 

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process. 

Ditech Financial LLC

Transferee

Robert J. Wermuth/rgm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on February 27, 2013 by Leslie Solomon, an Unmarried Woman, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Acopia, LLC, and recorded in Instrument Number at 3381928 on March 5, 2013, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to JPMorgan Chase Bank, National Association as reflected by instrument recorded in Instrument Number, 3423216 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on January 3, 2017, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

A tract of land described as beginning at the Northwest corner of the SE 1/4 of the

Northwest 1/4. Section 17, Township 12 South, Range 5 East; thence north 2°30’ West a

distance of 12 feet, more or less, to an iron pin, which is also the Southwest corner of the J.P. Cook, Jr. lot as described in deed from J.P. Cook, Sr. to J.P. Cook, Jr.; thence in an Easterly direction along the North line of said J.P. Cook, Jr. tract and parallel with the North line of the Birmingham-Attalla Highway, a distance of 135 feet to an iron pin, which is also the SE Corner of said J.P. Cook, Jr. tract; thence South 2°30’ East a distance of 128 feet to an iron pin in the north line of Birmingham-Attalla Highway; thence in a Westerly direction and along the North line of the said Birmingham-Attalla Highway a distance of 135 feet to an iron pin; thence North 2°30’ west a distance of 116 feet to the point of beginning, being a part of Lots One and Two of Hammond Subdivision as shown by map or plat thereof as shown by Plat Book “C”, page 339, Probate Office, and being a portion of the east one-half of the Northwest 1/4 of Section 17, Township 12 South, Range 5 East of the Huntsville Meridian, lying and being in Etowah County, Alabama.

This is a purchase money mortgage, the proceeds of which have been applied toward the purchase price of the property described herein and conveyed to the mortgagor simultaneously herewith.

For informational purposes only, the property address is: 3573 Highway 11, S, Attalla, AL 35954.

ANY PROPERTY ADDRESS PROVIDED IS NOT PART OF THE LEGAL DESCRIPTION OF THE PROPERTY SOLD HEREIN AND IN THE EVENT OF ANY DISCREPANCY, THE LEGAL DESCRIPTION REFERENCED HEREIN SHALL CONTROL.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

JPMorgan Chase Bank, National Association, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-007773

Attorneys for Mortgagee or Transferee

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated November 30, 2004, executed by Christie Bradford, a single woman, to CitiFinancial Corporation, LLC, which mortgage was recorded on December 2, 2004, in Doc. No. M-2004-5216, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to CitiFinancial Servicing LLC, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on January 18, 2017, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOTS NUMBER ONE (1) AND TWO (2) IN BLOCK “A”, IN ELLIOTT ADDITION NUMBER ONE (1) TO GADSDEN, ACCORDING TO THE MAP OR PLAT THEREOF AS THE SAME APPEARS OF RECORD IN THE BOOK OF TOWN PLATS “B”, PAGE 5, IN THE PROBATE OFFICE OF ETOWAH COUNTY, AND BEING AND LYING IN GADSDEN, ETOWAH COUNTY, ALABAMA.

SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, RIGHTS, EASEMENTS, RIGHTS-OF-WAY, PROVISIONS, COVENANTS AND BUILDING SET-BACK LINES OF RECORD.

This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure. This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the County where the above-described property is situated.  This property will be sold without warranty or recourse, expressed or implied as to condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto. 

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process. 

CitiFinancial Servicing LLC

Transferee

Robert J. Wermuth/rgm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated February 26, 2003, executed by Robert A. Turman and Charlotte Turman, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Gadsden Mortgage Services, Inc. as an Agent for Crescent Mortgage Services, Inc., which mortgage was recorded on March 5, 2003, in Doc No. M-2003-1009, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to JPMorgan Chase Bank, National Association, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on January 18, 2017, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots Twelve (12), Thirteen (13) and the South 10 ft. of Lot Eleven (11), all in Block Five (5) of the Highlands to Gadsden, as recorded in Plat Book “C”, Page 263, Probate Office, Etowah County, Alabama.

This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure. This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the County where the above-described property is situated.  This property will be sold without warranty or recourse, expressed or implied as to condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto. 

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process. 

JPMorgan Chase Bank, National Association

Transferee

Robert J. Wermuth/mgw

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Sam H. Yarbrough, unmarried, to Regions Bank, successor by merger to AmSouth Bank, on the 20th day of August, 2003, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Document M-2003-4714.

The undersigned Regions Bank, successor by merger to AmSouth Bank, as mortgagee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the Main entrance of the Court House at Gadsden, Etowah County, Alabama, on the 10th day of January, 2017, during the legal hours of sale, the following real estate, situated in Etowah County, Alabama, to-wit:

Commence at a 1” pipe where the NW right-of-way line of Edwards Road (60’ R/W) intersects the East line of the SW ¼ of the NE ¼, Section 26, Township 11 S, Range 4 East of Huntsville Meridian, and run a Chord Bearing of S 27 degrees 48 minutes 40 seconds W, along said NW R/W line, a Chord Distance of 100.16 feet to a point; thence continue a Chord Bearing of S 27 degrees 48 minutes 40 seconds W along said NW R/W line, a Chord Distance of 54.41 feet to the point of beginning; thence continue a Chord Bearing of S 27 degrees 48 minutes 40 seconds W, along said NW R/W line, a Chord Distance of 45.59 feet to a point; thence continue a Chord Bearing of S 14 degrees 48 minutes 54 seconds W, along said NW R/W line, a Chord Distance of 200.00 feet to a point; thence deflect right and run N 40 degrees 00 minutes 00 seconds W, leaving said R/W, 350.00 feet to a point; thence deflect right and run N 14 degrees 19 minutes 13 seconds E, 115.38 feet to a point; thence deflect right and run N 28 degrees 07 minutes 54 seconds E, 45.54 feet to a point; thence deflect right and run S 53 degrees 00 minutes 00 seconds E, 309.74 feet to the point of beginning. Said property being portions of the NW ¼ of the SE ¼, and the SW ¼ of the NE ¼, Section 26, T-11-S, R-4-E, Etowah County, Alabama.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An Attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

REGIONS BANK, SUCCESSOR BY MERGER TO AMSOUTH BANK

Mortgagee

W. L. LONGSHORE, III

Attorney for Mortgagee

LONGSHORE, BUCK & LONGSHORE, P.C.                          

The Longshore Building

2009 Second Avenue North

Birmingham, Alabama  35203-3703

Phone: 205-252-7661

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Brandy Norris, an unmarried woman, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Countrywide Home Loans, Inc., on April 18, 2007, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number 3416973; and subsequently transferred to Ocwen Loan Servicing, LLC; and subsequently transferred  to RESIDENTIAL CREDIT SOLUTIONS, INC.; and subsequently transferred to DITECH FINANCIAL, LLC; DITECH FINANCIAL, LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on January 4, 2017, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

COMMENCING AT A POINT IN THE WEST LINE OF GOVERNMENT LOT 13, SECTION 9, WHICH POINT IS 850 FEET SOUTH OF THE NORTHWEST CORNER THEREOF AND FROM THENCE RUN SOUTHERLY AND ALONG THE WEST LINE OF SAID LOT 13, A DISTANCE OF 100 FEET TO A POINT; THENCE EASTERLY AND PARALLEL WITH THE NORTH LINE OF SAID LOT TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF THE BOAZ-ATTALLA HIGHWAY THE POINT OF BEGINNING FOR THE PARCEL HEREIN DESCRIBED; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 290.7 FEET TO A CAPPED METAL MARKER; THENCE NORTH 02 DEGREES 35 MINUTES 20 SECONDS WEST A DISTANCE OF 99.6 FEET TO A CAPPED METAL MARKER; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 290.70 FEET TO A METAL MARKER IN THE ABOVE WEST RIGHT-OF-WAY LINE OF SAID BOAZ-ATTALLA HIGHWAY; THENCE ALONG THE SAID RIGHT-OF-WAY SOUTH 02 DEGREES 35 MINUTES 20 SECONDS EAST A DISTANCE OF 99.6 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.66 ACRE, MORE OR LESS.

BEING THE SAME PROPERTY CONVEYED TO TERRY BENEFIELD, JR. AND WIFE BRANDY BENEFIELD, FOR AND DURING THEIR JOINT LIVES, AND UPON THE DEATH OF EITHER OF THEM, TO THE SURVIVOR BY DEED FROM BOBBY JOE NORRIS AND WIFE, MARY JO NORRIS RECORDED 12/22/1999 IN DEED BOOK 1999 PAGE 356, IN THE PROBATE JUDGE`S OFFICE FOR ETOWAH COUNTY, ALABAMA

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

Federal Home Loan Mortgage Corporation

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH   

Default having been made in payment of the indebtedness secured by that certain mortgage given by Betty Reynolds, an unmarried woman, to Hardee Hester, dated July 28, 2011, recorded as Instrument Number: 3353577, Probate Office, Etowah County, Alabama, which mortgage was assigned to Bradley K. Hester by instrument dated July 17, 2014, and recorded as Instrument Number: 3404733, in said Probate Office, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable and said mortgage subject to foreclosure and such default continuing, notice is hereby given that, acting under the power of sale contained in said mortgage, the undersigned will sell, at public outcry, to the highest bidder for cash, in front of the front door of the Etowah County Courthouse, 800 Forrest Avenue, Gadsden, Alabama, between the legal hours of sale on December 28, 2016, the following described real property situated in Etowah County, Alabama:

The North 56 feet of Lots Number One (1) and Three (3) in Block Number Twelve (12) in the Hill and Cansler Addition to Gadsden, according to the map or plat thereof recorded in Book of Town Plats “A”, Page 74, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in the City of Gadsden, Etowah County, Alabama.

This sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Proceeds thereof will be applied as provided by the terms of said mortgage.

This sale is subject to all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements and  rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.

Dated: December 5, 2016

BRADLEY K. HESTER

BY:GEORGE C. DAY, JR.

Attorney for Mortgage Holder

Day & Welch, P.C.

1925 Rainbow Drive

Gadsden, Alabama 35901

(256) 543-1660

Dec 9, 16 & 23, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having being made in the payment of the indebtedness secured by that certain mortgage dated August 5, 2009, executed by David H. Handford, a married man, and wife, Shirley Handford, in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for Goldstar Mortgage, Inc., said Mortgage being recorded August 5, 2009, in Inst. #3317855 in the Office of the Judge of Probate of Etowah County, Alabama; assigned to Trustmark National Bank by instrument recorded in the Office of the Judge of Probate of Etowah County, Alabama. Said default continues and notice is hereby given that the undersigned, Trustmark National Bank, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse, Etowah County, Alabama on 01/18/2017, during the legal hours of sale, the following described real estate situated in Etowah County, Alabama, to-wit:

      

Lot Number Three (3), in Block F, Clubview Heights Supplemental Addition, according to the map or plat thereof recorded in Plat Book E, pages 242 and 243, Probate Office, Etowah County, Alabama.

THIS PROPERTY WILL BE SOLD ON AN “AS-IS, WHERE-IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESS OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO. Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This sale is made for the purpose of paying the indebtedness secured by mortgage as well as the expenses of foreclosure, including a reasonable attorney’s fees and other purposes set out in said mortgage.

Trustmark National Bank

Paul K. Lavelle

Attorney for Mortgagee

Spina, & Lavelle, P.C.

One Perimeter Park South-Suite 400N

Birmingham, Alabama 35243

(205) 298-1800

Dec 16, 23 & 30, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Joy Sanders, a single individual, originally in favor of The Provident Bank, Inc., on the 5th day of August, 2003, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2003-4408; the undersigned Wells Fargo Bank, National Association, successor by merger to Wells Fargo Bank Minnesota, National Association, as Trustee f/k/a Norwest Bank Minnesota, National Association, as Trustee for Structured Asset Investment Loan Trust, 2003- BC12, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on January 17, 2017, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots numbers Nine (9) and Ten (10) and all that portion of the original Garvin Street lying between Lot No. 9 and the Northwest line of Garvin Street as dedicated by M.F. Wall to City of Gadsden by Instrument dated November 29th, 1964, and recorded in Miscellaneous record 45, pages 567 to 71, inclusive, all in Block Number Six (6), all the foregoing lands being in M.F. Wall’s Subdivision, according to the map thereof recorded in Plat Book E, page 57, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama, subject to the rights of the Alabama Power Comp any as described in Instruments recorded in Book S-S, page 10, Book 5-V, page 524, Book 319 page 439, Book 374, page 513, Book 848, page 441, and subject to the rights of the Water Works and sewer board of the City of Gadsden, Alabama, as described in Instrument recorded in Book 605, page 515, all of said books being in the Probate Office, Etowah County, Alabama.

Property street address for informational purposes:  1308 Garvin Street, Gadsden, AL 35901

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

Wells Fargo Bank, National Association, successor by merger to Wells Fargo Bank Minnesota, National Association, as Trustee f/k/a Norwest Bank Minnesota, National Association, as Trustee for Structured Asset Investment Loan Trust, 2003- BC12, Mortgagee/Transferee

Andy Saag

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

381657

Dec 16, 23 & 30, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on December 18, 2006 by Walter Barry Maxwell and wife Susan Maxwell, originally in favor of American General Financial Services of Alabama, Inc., and recorded in Instrument # 3261410 on December 19, 2006, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Nationstar Mortgage LLC as reflected by instrument recorded in 3424237 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on January 11, 2017, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

The north half (1/2) of the northeast quarter (NE 1/4) of the northwest quarter (NW 1/4) of section twelve (12), township eleven (11) south, range four (4) East of Huntsville Meridian, Etowah county, Alabama.

Subject to easement conveyed to Hooper Telecommunications Company, Inc. in doc #D-1998-1655.

Subject to all restrictions, reservations, rights, easements, rights-of-way, provisions, covenants, terms, conditions and building set back lines of record.

For informational purposes only, the property address is: 461 Toney Dr, Altoona, AL 35952.

ANY PROPERTY ADDRESS PROVIDED IS NOT PART OF THE LEGAL DESCRIPTION OF THE PROPERTY SOLD HEREIN AND IN THE EVENT OF ANY DISCREPANCY, THE LEGAL DESCRIPTION REFERENCED HEREIN SHALL CONTROL.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

Nationstar Mortgage LLC, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 16-011585

Attorneys for Mortgagee or Transferee

Dec 16, 23 & 30, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Melinda Patterson to Farmers & Merchants Bank, on the 7th day of January, 2010, said mortgage being recorded in Instrument #3342590, in the Office of the Judge of Probate of Etowah County, Alabama; said default continuing, notice is hereby given that the undersigned, Farmers & Merchants Bank, as Mortgagee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, at the main entrance of the County Court House at Gadsden, Etowah County, Alabama, on the 10th day of January, 2017, during the legal hours of sale, the following real estate, situated in Etowah County, Alabama, to-wit: A TRACT OF LAND DESCRIBED AS BEGINNING AT THE SE CORNER OF THE SE 1/4 OF THE SW 1/4; THENCE RUN NORTH 2° EAST AND ALONG THE EAST LINE OF SAID FORTY 1143 FEET TO THE SOUTHERLY LINE OF THE GADSDEN-PIEDMONT HIGHWAY; THENCE NORTH 88° WEST AND ALONG THE SOUTHERLY LINE OF SAID HIGHWAY 290.4 FEET; THENCE SOUTH 2° WEST AND PARALLEL WITH THE EAST LINE OF SAID FORTY TO A POINT IN THE SOUTH LINE OF  SAID FORTY; THENCE EAST AND ALONG THE SOUTH LINE OF SAID FORTY 291.5 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND BEING A PART OF THE SE 1/4 OF THE SW 1/4, SECTION 13, TOWNSHIP 12 SOUTH, RANGE 7 EAST OF THE HUNTSVILLE MERIDIAN IN ETOWAH COUNTY, ALABAMA, SAVE AND EXCEPT ALL THE MINERALS, MINERAL AND MINING RIGHTS AND PRIVILEGES IN, UNDER AND UPON THE SAME AND BEING SUBJECT TO THE RIGHTS OF ALABAMA POWER COMPANY DESCRIBED IN DEED RECORDS 5-V, PAGE 530, 6-D AT PAGE 347 AND 7-A PAGE 229, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA. This property will be sold on an “as is, where is” basis, subject to any easement, encumbrances and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the county where the above-described property is situated. This property will be sold without warranty or recourse, expressed or implied as to title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as, the expenses of foreclosure, including a reasonable attorney’s fee and other purposes as set out in said mortgage. Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An Attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process. Farmers & Merchants Bank Mortgagee Alan Hunt ALAN HUNT LLC 126 S Center Ave Piedmont AL 36272 (256) 447-0055 Attorney for Mortgagee.

Dec 16, 23 & 30, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated July 8, 2005, executed by Harold Kenneth McClellan and Lori A. McClellan, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Southeastern Financial, Inc., which mortgage was recorded on July 11, 2005, in Document No. M-2005-2855, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Green Tree Servicing LLC, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on February 7, 2017, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots 4, 5 and the South 1/2 of Lot 6, save and except the West 20 feet embraced within a dedicated street, in Block E of the Sims Addition to Glencoe, according to the map or plat thereof recorded in Plat Book C, Page 227, Probate Office, Etowah County, Alabama, and lying and being in Glencoe, Etowah County, Alabama.

This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.  This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the County where the above-described property is situated.  This property will be sold without warranty or recourse, expressed or implied as to condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto. 

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process. 

Ditech Financial LLC f/k/a Green Tree Servicing LLC

Transferee

Robert J. Wermuth/rgm

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Dec 16, 23 & 30, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Peter Cashman and Olivia Cashman, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for The Mortgage Outlet, Inc., on the 30th day of April, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Doc Number M-2004-1973; the undersigned HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2004-2 Trust, Home Equity Asset-Backed Certificates, Series 2004-2, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on March 7, 2017, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots Number Eight (8) and Nine (9), Block Number Two (2) according to Singleton’s Survey of J.S. Stewart Property in Fraction 20, Section 34, Township 11 South, Range 5 East, according to the map thereof recorded in Plat Book A, Pages 82 and 83, Probate Office Etowah County, and lying and being in Attalla, Etowah County, Alabama.

Property street address for informational purposes:  1135 5th Ave NW, Attalla, AL 35954

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2004-2 Trust, Home Equity Asset-Backed Certificates, Series 2004-2, Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

403629

Dec 23, 30, 2016 & Jan 6, 2017

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NOTICE TO FILE CLAIMS

JANET VINYARD appointed Personal Representative (s) on November 28, 2016 Estate of MARTHA JO WHITMORE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 9, 16 & 23, 2016

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NOTICE TO FILE CLAIMS

LARRY JOSEPH GIBBS appointed Personal Representative (s) on November 23, 2016 Estate of ELOISE ELMER GIBBS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 9, 16 & 23, 2016

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NOTICE TO FILE CLAIMS

SUSAN FAMBROUGH CANIZALES AND JANET FAMBROUGH TOMLINSON appointed Personal Representative (s) on November 30, 2016 Estate of ARTHUR WAYNE FAMBROUGH, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 9, 16 & 23, 2016

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NOTICE TO FILE CLAIMS

ALLYSON MOORE SCOTT appointed Personal Representative (s) on November 30, 2016 Estate of EDWARD RALPH MOORE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 9, 16 & 23, 2016

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NOTICE TO FILE CLAIMS

DEBRA HARRIS BATTLES appointed Personal Representative (s) on October 11, 2016 Estate of MYRTLE HARRIS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 16, 23 & 30, 2016

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NOTICE TO FILE CLAIMS

NEVA TELISA HILBURN appointed Personal Representative (s) on November 30, 2016 Estate of CAROL ANNETTE ELLISON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 16, 23 & 30, 2016

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NOTICE TO FILE CLAIMS

SHELETHA MCGHEE appointed Personal Representative (s) on December 7, 2016 Estate of CORNELIUS LEWAYNE PILOT, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 23, 30, 2016, Jan 6, 2017

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NOTICE TO FILE CLAIMS

NORMA EILEEN MORGAN appointed Personal Representative (s) on December 2, 2016 Estate of JERRY ALLEN MORGAN, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 23, 30, 2016, Jan 6, 2017

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NOTICE TO FILE CLAIMS

RICHARD A. DOBBS appointed Personal Representative (s) on November 1, 2016 Estate of ROBERT WALTER DOBBS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 23, 30, 2016, Jan 6, 2017

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NOTICE TO FILE CLAIMS

VICKY SNOWDEN appointed Personal Representative (s) on December 12, 2016 Estate of MARTHA MANORD, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 23, 30, 2016, Jan 6, 2017

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LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-9284

In Re: TIFFANY BILLS

TO: UNKNOWN NAME AND UNKNOWN ADDRESS

NOTICE OF DAY SET FOR HEARING, PETITION FOR LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP

You will take notice that a Petition for Letters of Guardianship and Conservatorship of Tiffany Bills, was filed in my office for Probate by the Department of Human Resources, and that January 24, 2017 at 3:00 p.m. was appointed a day and time for hearing thereof, at which time you may appear and contest the same, if you see proper.

Bobby M. Junkins

Judge of Probate

Dec 23, 30, 2016 & January 6, 2017

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PUBLICATION ON ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF A CHILD BORN TO TAMMY LYNN HUGGINS, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED.

You will take notice that a Petition for the Adoption of a child born to Tammy Lynn Huggins, Natural Mother, set to be heard on February 21, 2017 at 10:00 a.m., was filed on the 9th day of December, 2016 alleging that the identity of the natural parent of said minor child is unknown and has not been disclosed to the Court, and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. Minor child’s birth date is 4/28/04.

Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with Petitioner’s attorney, whose name and address is shown below and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, AL 35901.

DONE this 9th day of December, 2016.

Myron K. Allenstein

141 S. 9th Street

Gadsden, AL 35901

Bobby M. Junkins

Judge of Probate

Dec 16, 23, 30, 2016, Jan 6, 2017

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NOTICE OF  ANNULMENT

Emily A. Pena Reed, whose whereabouts is unknown, must answer the complaint of David Reed by answering an Annulment and other relief by February 10, 2017 or thereafter a judgment of default may be rendered against her in Civil Action No. DR-16-900463-WBO.

Dated: December 12, 2016.

Cassandra Johnson

Dec 16, 23, 30, 2016, Jan 6, 2017

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NOTICE OF SALE

Contents of the following storage building (s) will be sold for past due rent on December 31, 2016 for charges due.

Sandra Johnson

2624 McClain Ave

Gadsden, AL 35901

An Extra Attic

Dec 16 & 23, 2016

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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on January 30, 2017 for charges due.

1997 Cadillac Deville VIN# 1G6KD5 2Y2VU206923

2008 Audi Q7 VIN# WA1BY64 L78D004 120

1999 Jaquar VDP VIN# SAJKD6046 XC870364

Tony’s Towing

305 Noccalula Drive

Gadsden, AL 35904

Dec 23 & 30, 2016

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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicles on January 30, 2017 for charges due.

2006 Chevrolet Tahoe VIN# 1GNEK132 96R167596

Uni Towing

2075 US Highway 77

Attalla, Alabama

Dec 23 & 30, 2016