Legals for the week of 10/26 - 11/1

October 25, 2018 chris
Share on FacebookShare on Google+Tweet about this on TwitterShare on LinkedIn

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Kellie Snyder, an unmarried woman, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 26th day of October, 2015, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3425665; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated July 11, 2018 and recorded in said Probate Office in Instrument Number 3470736. The undersigned Alabama Housing Finance Authority as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on January 10, 2019, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:

Lot Number Fourteen (14) Parcel Number Three (3) as shown on map of property of Cone Mills Corporation, Dwight Division, recorded in Plat Book F, Pages 51-65, in the Office of the Judge of Probate of Etowah County, Alabama.

 

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 realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.

 

SASSER, SEFTON & BROWN, P.C.

Bowdy J. Brown, Esq.

445 Dexter Avenue, Suite 8050

Montgomery, Alabama 36104

Our File No.: 49696-2702

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

ASSIGNEE

 

Oct 12, 19 & 26, 2018

___________

MORTGAGE

FORECLOSURE SALE

 

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jon S. Scott and wife, Brandy A. Scott, to Keystone Bank on the 22nd day of July, 2013, said mortgage being recorded at Instrument #3389226, Office of the Judge of Probate of Etowah County, Alabama, 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, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 5th day of November, 2018, the following described real estate situated in Etowah County, Alabama, to-wit:

Begin at an existing pinch top pipe marking the SW corner of Lot 6 of Cosby Estates as recorded in Plat Book “J”, Page 69, Etowah County Probate Office, also being on the Northwesterly right of way line of Colquitt Road and run South 40° 47’ 58” West along said right of way line a distance of 237.74 feet to an iron pin set (1/2” rebar with cap stamped JBWT Inc. CA0046LS); thence run North 49° 11’ 18” West along the Northeasterly right of way line of said road a distance of 125.00 feet to an iron pin set; thence leaving said right of way line run north 40° 53’ 27” East a distance 228.17 feet to an iron pin set on the Southwesterly line of Lot 6 of aforementioned Cosby Estates; thence run South 53° 34’ 41” East along said line a distance of 125.00 feet to the point of beginning. Said parcel of land being a portion of the NW1/4, Section 25, Township 12 South, Range 6 East and also a portion of Tract 5 of the E. M. Keeling Plat as recorded in Plat Book “B”, Page 270, Etowah County Probate Office, lying and being in the City of Glencoe, Etowah County, Alabama.

Said sale will be 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 part of the foreclosure process.

RIVER BANK & TRUST fka Keystone Bank

 

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

  1. O. Box 129

Gadsden, AL 35902

Oct 12, 19 & 26, 2018

___________

MORTGAGE

FORECLOSURE SALE

 

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jon Shannon Scott and wife, Brandy A. Scott, to Keystone Bank on the 15th day of April, 2015, said mortgage being recorded at Instrument #3384015, Office of the Judge of Probate of Etowah County, Alabama, 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, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 5th day of November, 2018, the following described real estate situated in Etowah County, Alabama, to-wit:

A part of the NW ¼ of the NW ¼ of Section 30, Township 12 South, Range 7 East, Etowah County, Alabama, more particularly described as follows: From the SE corner of said NW ¼ of the NW ¼; thence South 88 deg 30’41” West, 15.00 feet to an iron set on the West right of way of Ralph Avenue and the point of beginning; thence leaving road run South 88 deg 30’41” West, 786.68 feet along the 1/4-1/4 line to a rebar found; thence North 18 deg 44’00” West, 656.68 feet to a rebar found; thence North 88 deg 30’56” East, 979.48 feet to a pipe found on the West right of way of Ralph Avenue; thence, South 1 deg 39’36” East, 627.10 feet along right of way to the point of beginning.

Said sale will be 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 part of the foreclosure process.

RIVER BANK & TRUST fka Keystone Bank

 

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

P.O. Box 129

Gadsden, AL 35902

Oct 12, 19 & 26, 2018

____________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage dated June 30, 2009, executed by Christopher Wayne Jones and Lucretia Brandy Jones, husband and wife, to Mortgage Electronic Registration Systems, Inc., solely as nominee for First Federal Bank, which mortgage was recorded on July 1, 2009, in Instrument Number 3315931 and modified by that certain Loan Modification Agreement recorded on April 3, 2018 in Instrument Number 3465331, 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 December 5, 2018, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Numbers Sixteen (16), Eighteen (18), Twenty (20), Twenty-Two (22), Twenty-four (24) and Twenty-Six (26), in Block Number Two (2) in Glenwood Addition to the City of Gadsden and to the City of Glencoe, according to the map thereof recorded in Plat Book “D”, Page 17, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama, subject to the rights of the Alabama Power Company as described in the instrument recorded in Record Book “6-D”, Page 404, 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.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Stephens Millirons, P.C. at the time and place of sale. The balance of the purchase price must be paid in certified funds by noon on the second business day following the sale at the law firm of Stephens Millirons, P.C. at 120 Seven Cedars Drive, Huntsville, Alabama 35802. Stephens Millirons, P.C. reserves the right to award the bid to the next highest bidders should the highest bidder fail to timely tender the total amount due.

JPMorgan Chase Bank, National Association

Transferee

 

Robert J. Wermuth/cls

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama 35804

Attorney for Mortgagee

 

October 12, 19 & 26, 2018

____________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Brady L. Hill A Married Man to Mortgage Electronic Registration Systems, Inc. as nominee for Guild Mortgage Corporation, a California Corporation dated May 30, 2017; said mortgage being recorded as Instrument No. 3451640 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to GUILD MORTGAGE COMPANY, A CALIFORNIA CORPORATION to be recorded in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, GUILD MORTGAGE COMPANY, A CALIFORNIA CORPORATION, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 5th day of November, 2018 the following property, situated in Etowah County, Alabama, to-wit:

 

Parcel I:

Lot Number 44 of the Larrydale Subdivision, Unit 2, according to the map or plat thereof as recorded in Plat Book “G”, Page 99, Probate Office, Etowah County, Alabama, and lying and being in Glencoe, Etowah County, Alabama.

 

Parcel II:

 

A tract or parcel of land described as commencing at the Southwest corner of Lot 44 of the Larrydale Subdivision, Unit 2, according to the map or plat thereof as recorded in Plat Book “G”, Page 99, Probate Office, Etowah County, Alabama; from thence run in a Northerly direction along the West line of said Lot 44 a distance of 11 feet to a point; thence deflected an angle of 90deg to the left and run in a Westerly direction in a direct line to a point the West line of the SE 1/4 of the NW 1/4 in Section 20; from thence run in a Southerly direction along the West line of said forty to a point which would intersect the Southerly line of Lot 44 produced in a Westerly direction; thence in a Easterly direction along the Southerly line of Lot 44 produced in a Westerly direction to a point of beginning and embracing a portion of the SE 1/4 of the NW 1/4 Section 20, Township 12 South, Range 7 East of Huntsville Meridian, and lying and being in Glencoe, Etowah County, Alabama.

 

Said property is commonly known as 1113 Larry St, Glencoe, AL 35905.

The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due. The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.

 

Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem 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, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Brady L. Hill or tenant(s).

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.

 

GUILD MORTGAGE COMPANY, A CALIFORNIA CORPORATION

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 966418

www.foreclosurehotline.net

 

Oct. 12, 19 & 26, 2018

____________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Johnathan C. Parton, a married man, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 5th day of September, 2008, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3300802, as modified by that certain Loan Modification Agreement dated October 16, 2013 and recorded as Instrument Number 3397054; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated February 7, 2013 and recorded in said Probate Office as Instrument Number 3380923. The undersigned Alabama Housing Finance Authority as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on January 10, 2019, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:

Lot Six (6) in Block Three (3) of Woodland Park, according to the map thereof recorded in Plat Book “E”, Page 105 in the Probate Office of Etowah County, Alabama.

 

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 realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.

 

SASSER, SEFTON & BROWN, P.C.

Bowdy J. Brown, Esq.

445 Dexter Avenue, Suite 8050

Montgomery, Alabama 36104

Our File No.: 49696-635

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

ASSIGNEE

 

Oct 12, 19 & 26, 2018

___________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Lee Bowden Husband And Sylvia Bowden Wife to Mortgage Electronic Registration Systems, Inc. as nominee for Homecomings Financial Network, Inc. its successors and assigns dated July 16, 2003; said mortgage being recorded as Instrument No. M-2003-3601 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Ditech Financial LLC in Instrument 3471614 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, 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 before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 19th day of November, 2018 the following property, situated in Etowah County, Alabama, to-wit:

LOT NUMBER SEVENTEEN (17) IN BLOCK FOUR (4) OF WOODLAND PARK ADDITION TO GADSDEN, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK “E”, PAGE 105 IN THE OFFICE OF JUDGE OF PROBATE OF ETOWAH COUNTY, AND LYING AND BEING IN GADSDEN (FORMERLY ALABAMA CITY) ETOWAH COUNTY, ALABAMA.

Said property is commonly known as 409 Madison Circle, Gadsden, AL 35901.

The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due. The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.

Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem 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, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Lee Bowden and Sylvia Bowden or tenant(s).

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

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 971318

www.foreclosurehotline.net

 

Oct 19, 26 & Nov 2, 2018

___________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Eric Victor Doran A Married Man And Billie Harris Wife to Mortgage Electronic Registration Systems, Inc. as nominee for MortgageAmerica, Inc. dated April 24, 2009; said mortgage being recorded as Instrument No. 3312974 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Green Tree Servicing LLC in Instrument 3404365 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Ditech Financial LLC f/k/a Green Tree Servicing 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 before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 19th day of November, 2018 the following property, situated in Etowah County, Alabama, to-wit:

Lot Numbers 27 & 28 of Brakestone Hills Subdivision, according to the map of plat thereof recorded in Plat Book “I”, Page 53, Probate Office, Etowah County, Alabama, lying and being in Etowah County, Alabama.

 

Said property is commonly known as 101 Mary Elizabeth Ln, Boaz, AL 35956.

The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due. The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.

 

Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem 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, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage. To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Eric Victor Doran and Billie Harris or tenant(s).

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

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 976718

www.foreclosurehotline.net

 

Oct 19, 26 & Nov 2, 2018

___________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on June 7, 2012 by Jacklyn Murphree an unmarried person and Justin Wilson an unmarried person, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for GTC Mortgage Company Inc., and recorded in Instrument # at 3368574 on June 11, 2012, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Wells Fargo Bank, NA as reflected by instrument recorded in Instrument #, 3430646 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 December 3, 2018, 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 West 1/2 of Lots 45 and 46 of Block 2 of J.E. Noojin, Jr., Subdivision Number 2, according to the map or plat thereof as the same appears of record in Plat Book “E”, Page 67, Probate Office, Etowah County, Alabama.

 

For informational purposes only, the property address is: 605 Dewey Avenue, Ivalee, 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.

 

Wells Fargo Bank, NA, and its successors and assigns

Mortgagee or Transferee

 

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 18-016388

Attorneys for Mortgagee or Transferee

 

OCT 19, 26 & NOV 2,2018

 

 

 

___________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on April 24, 2006 by Enga Sturns, single, originally in favor of Wells Fargo Bank, N.A., and recorded in Instrument Number at 3246162 on May 5, 2006, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2006-2 Trust, Home Equity Asset-Backed Certificates, Series 2006-2 as reflected by instrument recorded in Instrument Number, 3382452 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 December 3, 2018, 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:

Lot Number One (1) of the Frank Adams Estate Subdivision as the same appears of record in Book of Town Plats “A”, page 342, Probate Office, Etowah County, Alabama and lying and being in the City of Gadsden, Etowah County, Alabama.

Being the same as property acquired by Area Lee Adams by virtue of that certain Special Warranty Deed from William J. Wade, trustee of Mid-State Trust II, dated May 30, 1997, which is recorded in Book 1997 at Page 195 on June 24, 1997. Commonly known as 1121 WainWright Avenue, Gadsden, Alabama 35903.

For informational purposes only, the property address is: 1217 Wainwright Ave, Gadsden, AL 35903.

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.

HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2006-2 Trust, Home Equity Asset-Backed Certificates, Series 2006-2, and its successors and assigns

Mortgagee or Transferee

 

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 15-007145

Attorneys for Mortgagee or Transferee

 

OCT 26, NOV 2 & 9, 2018

 

____________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Jason Lee Smith and Christie Lynn Smith (“Mortgagors”), in favor of Alabama Farm Credit, FLCA f/k/a Federal Land Bank Association of North Alabama, FLCA (the “Mortgagee”), dated August 30, 2007 and recorded August 31, 2007 as Instrument # 3278512, of the Land Mortgage Records of Etowah County, Alabama. Said default continuing, notice is hereby given that the Mortgagee will, under and by virtue of the power of sale contained in the Mortgage, offer for sale at public outcry to the highest bidder for cash during the legal hours of sale on November 29, 2018, at the main entrance to the Courthouse of Etowah County, Alabama, the following described Real Property situated in Etowah County, Alabama (the “Real Property”), to wit:

 

Parcel A: Beginning at the NW corner of the SW quarter of the SW quarter of Section 12, Township 10 South, Range 5 East; thence South 89 degrees 17 minutes East along the quarter line, 886.2 feet; thence South 9 degrees 08 minutes West, 450.2 feet; thence North 89 degrees 30 minutes West, 106.0 feet; thence South 2 degrees 44 minutes East, 210 feet; thence North 89 degrees 30 minutes West 690.9 feet to a point on the West line of the above described quarter; thence along said quarter line north 2 degrees 36 minutes West 660.0 feet to the point of beginning, containing 12 acres, more or less. Said property being a portion of the North half of the SW quarter of the SW quarter of Section 12, Township 10 South, Range 5 East in Etowah County, Alabama

 

Parcel B: A tract or parcel of land described as beginning at the SE corner of the SW quarter of the SW quarter, Section 12; thence from said point of beginning run North 89 degrees 8 minutes West along the South line of said forty a distance of 900 feet to the SE corner of that certain tract of land conveyed by Glennis Burns, et ux to Roy Pounds, et ux, by deed recorded in Book 1165, Page 395, in the Probate Office of Etowah County, Alabama; thence run North 2 degrees

30 minutes West and parallel to the East line of said forty, a distance of 660 feet to a point on the North line of the South half of said forty; thence run South 89 deg. 8 minutes East along the North line of the South half of said forty, a distance of 900 feet to the NE corner of the South half of said forty; thence run South 2 deg. 30 minutes East along the East line of said forty a distance of 660 feet to the point of beginning, said description embracing a portion of the South half of the SW quarter of the SW quarter in Section 12, Township 10 South, Range 5 East of Huntsville Meridian, and lying and being in Etowah County, Alabama.

 

LESS AND EXCEPT: A tract or parcel of land containing 1.0 acre located in SW quarter of the SW quarter Section 12, Township 10 South, Range 5 East, Huntsville Meridian, Etowah County, Alabama, and more particularly described as follows: Commence at a railroad spike at the SW corner of said Section 12; thence North 04 degrees 15 minutes 49 seconds W 666.38 feet; thence North 04 degrees 08 minutes 16 seconds W 450.44 feet to an iron set, the true point of beginning. Thence North 04 degrees 08 minutes 16 seconds W 210.00 feet to a half inch pipe; thence North 89 degrees 14 minutes 18 seconds E 210.00 feet to an iron set; thence South 04 degrees 08 minutes 16 seconds E 210.00 feet to an iron set; thence South 89 degrees 14 minutes 18 seconds W 210.00 feet to the true point of beginning. Together with a 15-foot easement for ingress, egress, and utilities running from the NE corner of the above-described tract of land in an Easterly direction along an existing gravel drive to Chapel Road.

 

ALSO LESS AND EXCEPT: Commencing at a railroad spike at the SW corner of Section 12, Township 10 South, Range 5 East; thence North 4 degrees 15 minutes 49 seconds West 666.38 feet to a five-eighth inch rebar; thence North 4 degrees 08 minutes 16 seconds West 450.44 feet to a half inch rebar, Cap No. 20893; thence North 89 degrees 11 minutes 39 seconds East 210.00 feet to a half inch rebar, Cap No. 20893, being the point of beginning for the property herein described thence North 4 degrees 09 minutes 31 seconds West 210.00 feet to the half inch rebar, Cap No. 20893; thence North 89 degrees 13 minutes 55 seconds East 96.73 feet to a half inch rebar, Cap No. 10093; thence South 00 degrees 28 minutes 13 seconds West 209.63 feet to a half inch rebar, Cap No. 10093; thence South 89 degrees 11 minutes 39 seconds West 79.78 feet to the point of beginning. Property being a part of the SW quarter of the SW quarter of Section 12, Township 10 South, Range 5 East, Etowah County, Alabama, and containing 0.42 acres more or less.

 

ALSO LESS AND EXCEPT: A tract or parcel of land containing 1.00 acre located in the SW quarter of Section 12, Township 10 South, Range 5 East, Huntsville Meridian, Etowah County, Alabama and more particularly described as follows: Commence at a railroad spike found at the SW corner of said Section 12; thence North 89 degrees 08 minutes 00 seconds E 619.93 feet to a point; thence North 7 degrees 16 minutes 00 seconds E 1106.39 feet, passing through a three-fourth inch steel rod found at 886.15 feet to an iron set (this iron and all irons referred to as set are half inch steel rods with yellow plastic caps stamped DLM20893). The true point of beginning; thence South 89 degrees 14 minutes 00 seconds W 210.00 feet to an iron set; thence North 7 degrees 16 minutes 00 seconds E 210.00 feet to an iron set; thence North 89 degrees 14 minutes 00 seconds E 210.00 feet to an iron set; thence South 7 degrees 16 minutes 00 seconds W 210.00 feet to the true point of beginning. Also, an easement for ingress, egress and utilities more particularly described as follows: commence at a railroad spike at the SW corner of said Section 12, thence North 89 degrees 08 minutes 00 seconds E 619.93 feet, thence North 7 degrees 16 minutes 00 seconds E 1,316.39 feet to the true point of beginning; thence South 89 degrees 14 minutes 00 seconds W 210.00 feet, thence North 7 degrees 16 minutes 00 seconds E 20.00 feet, thence North 89 degrees 14 minutes 00 seconds E 210.00 feet, thence South 7 degrees 16 minutes 00 seconds W 20.00 feet to the point of beginning.

 

ALSO LESS AND EXCEPT: A part of the SW quarter of the SW quarter of Section 12, Township 10 South, Range 5 East, Etowah County, Alabama more particularly described as follows: Commencing at a railroad spike at the SW corner of Section 12, Township 10 South, Range 5 East. Thence North 4 degrees 15 minutes 49 seconds West 666.38 feet to a five-eighth inch rebar. Thence North 4 degrees 08 minutes 16 seconds West 450.44 feet to a half inch rebar, Cap No. 20893. Thence North 4 degrees 08 minutes 16 seconds West 210.13 feet to a one inch pipe. Thence North 89 degrees 13 minutes 55 seconds East 466.28 feet. Thence South 7 degrees 18 minutes 08 seconds West 20.00 feet to a half inch rebar, Cap No. 10093 being the point of beginning for the property herein described. Thence North 89 degrees 15 minutes 21 seconds East 210.00 feet to a half inch rebar, Cap No. 20893. Thence South 7 degrees 18 minutes 08 seconds West 210.00 feet to a half inch rebar, Cap No. 20893. Thence South 89 degrees 15 minutes 21 seconds West 210.00 feet to a half inch rebar, Cap No. 10093. Thence North 7 degrees 18 minutes 08 seconds East 210.00 feet to the point of beginning. Property being in Etowah County, Alabama, and containing one acre, more or less.

 

ALSO: A 20 foot wide easement for ingress-egress and utilities being North of, parallel with and adjacent to the North boundary of the above described one acre tract. ALSO: A 15 foot wide ingress-egress and utility easement that lies immediately North of the above one acre tract and runs in a Easterly direction along an existing gravel drive to Chapel Road. The above described easements are not exclusive easements. (B-7031; kjh)

 

The Real Property and improvements will be sold “as is, where is” and subject to any rights of redemption existing under federal law, the laws of the State of Alabama or otherwise.

 

The sale is subject to ad valorem taxes.

 

The sale is subject to any easements, encumbrances or other matters of record which take priority over the 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.

 

This sale is made for the purpose of paying the indebtedness secured by said Mortgage, as well as the expenses of foreclosure. The Mortgagee reserves the right to bid for and purchase the Real Property and, if it is the successful bidder, to credit its purchase price against the expenses of sale and the indebtedness secured by the Real Property. The Mortgagee reserves the right to sell the property en masse or parcel by parcel, as the Mortgagee deems appropriate. This sale is subject to postponement or cancellation.

 

Alabama Farm Credit, FLCA

Owner of Said Indebtedness;

 

ROBERT H. ADAMS

RUMBERGER, KIRK & CALDWELL, P.C.

2001 Park Place North, Suite 1300

Birmingham, AL 35203

Telephone: (205) 572-4929

Attorney for Mortgagee

 

Oct 26, Nov 2 & 9, 2018

 

___________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by JOHN JUSTIN MILLER and BRIAN SCOTT STANSELL, JR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST FEDERAL BANK, dated July 16, 2014 said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument No. 3404546. Said mortgage was subsequently sold, assigned and transferred to U.S. BANK NATIONAL ASSOCIATION. Under and by virtue of the power of sale contained in said mortgage, the undersigned, U.S. BANK NATIONAL ASSOCIATION, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on December 17, 2018, during the legal hours of sale, all of its right, title, and interest in and to the following describe real estate situated in Etowah County, Alabama, to-wit: LOT NUMBER 20 IN BLOCK 5 OF THE RAINBOW PARK ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK “C”, PAGES 18 AND 19, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA. Property Street Address for Informational Purposes: 309 Meadow St, Rainbow City, AL 35906 Said property will be sold “AS IS”. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited 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 Mortgage first set out above. Said property 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 the rights and programs as a part of the foreclosure process. This sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation.

**This is an attempt to collect a debt and any information obtained may be used for that purpose.**

 

U.S. BANK NATIONAL ASSOCIATION

Mortgagee or Transferee

Sady D. Mauldin A|LAW

One Independence Plaza, Suite 416

Birmingham, AL 35209

Attorney for Mortgagee/Transferee

18-025613

A-4673538

 

Oct 26, Nov 2 & 9, 2018

 

____________

FILE CLAIMS

 

MELISSIA WOOD appointed Personal representatives on 10/10/2018 Estate of BUDDY LAMAR WOOD 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

 

Oct 26, Nov 2 & 9, 2018

____________

FILE CLAIMS

 

DENNISE RAY SIMMONS appointed Personal representatives on 10/05/2018 Estate of RAY SIMMONS 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

 

Oct 26, Nov 2 & 9, 2018

____________

FILE CLAIMS

 

NATHANY IGENE STANDRIDGE appointed Personal representatives on 10/12/2018 Estate of CAYLE JOHN STANDRIDGE 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

 

Oct 26, Nov 2 & 9, 2018

 

____________

FILE CLAIMS

 

DANA REDDEN SHARPE appointed Personal representatives on 09/27/2018 Estate of JAMES DAVID REDDEN 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

 

Oct 26, Nov 2 & 9, 2018

____________

FILE CLAIMS

 

ROBBIE POGUE HOWARD appointed Personal representatives on 10/08/2018 Estate of RUSSELL COLUMBUS HOWARD 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

 

Oct 26, Nov 2 & 9, 2018

 

___________

FILE CLAIMS

 

JANET HAYGOOD JAMES AND DANNY HOYT HAYGOOD appointed Co-Personal representatives on 10/04/2018 Estate of HOYT V. HAYGOOD 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

 

Oct 26, Nov 2 & 9, 2018

 

___________

FILE CLAIMS

 

JANICE S. CROFT appointed Personal representatives on 10/15/2018 Estate of ORMAN RAY CROFT 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

 

Oct 26, Nov 2 & 9, 2018

 

 

FILE CLAIMS

 

JOHN BRYCE BRECHIN, JR appointed Personal representatives on 10/02/2018 Estate of JOHN BRYCE BRECHIN, SR. 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

 

Oct 26, Nov 2 & 9, 2018

____________

FILE CLAIMS

 

TERESA D. PHILLIPS appointed Personal representatives on 10/08/2018 Estate of JAMES BARTON 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

 

Oct 26, Nov 2 & 9, 2018

____________

FILE CLAIMS

 

DEBORAH HILL appointed Personal representatives on 10/03/2018 Estate of CRAWFORD E. BARNES, SR 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

 

Oct 26, Nov 2 & 9, 2018

 

__________

COMPLAINT FOR EJECTMENT

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. CV-2018-900687

WINSOUTH CREDIT UNION,

PLAINTIFF,

vs

PAUL LUKER & ESTELLA LUKER,

DEFENDANTS.

COMES NOW the Plaintiff, WinSouth Credit Union (hereinafter “Plaintiff”), pursuant to Rule 13 (a) Fed. R. Civ. P., and by and through its undersigned attorney files this Complaint for Ejectment, and in support thereof would state as follows:

FACTS

  1. Plaintiff initiated foreclosure proceedings against the real property made the basis of this litigation.
  2. The foreclosure sale on the subject property, more particularly described in Exhibit “A,” occurred on June 22, 2018, and the foreclosure deed was recorded in the probate court of Etowah County, Alabama that same day. (See Foreclosure Deed, attached hereto as Exhibit “A”).

COUNT I

  1. This action is brought in the nature of ejectment pursuant to Ala. Code § 6-6-280.
  2. Defendants have failed to comply with the notice to vacate and is and has been in wrongful and illegal possession of the real property more particularly described in Exhibit “A” and, pursuant to Ala. Code § 6-6-280, continues to unlawfully withhold and detain the same.
  3. Plaintiff has legal title to the subject property by virtue of its previously recorded mortgage containing power of sale clauses and the foreclosure deed recorded in its name.
  4. Plaintiff respectfully requests this Honorable Court enter an Order of Ejectment, directing the Defendants to immediately vacate the real property more particularly described in Exhibit “A.”

COUNT II

  1. Plaintiff has conducted a valid foreclosure sale and demanded possession of the subject property more particularly described in Exhibit “A.”
  2. Defendants have failed and refused to grant possession to Plaintiff as the mortgagee-purchaser.
  3. Such refusal entitles Plaintiff to recover the reasonable rental value during the unlawful detention of Defendant. Pridgen v. Elson, 5 So. 2d 477, (Ala. 1941).
  4. Plaintiff respectfully requests this Honorable Court to Enter an Order awarding Plaintiff a fair market rental value of the subject property during the unlawful detention and for all other relief to which the Court deems Plaintiff to be entitled.

Respectfully submitted this the 14th day of September, 2018

 

CODY D. ROBINSON (ROB150)

Attorney for WinSouth Credit Union

OF COUNSEL:

BRUNSON, ROBINSON & HUFFSTUTLER ATTORNEYS, PA

301 Broad Street

Gadsden, AL 35901

(256) 546-9205

 

CERTIFICATE OF SERVICE

I hereby certify that the following have been served a copy of the foregoing document, by placing same in the U.S. Mail, postage prepaid and properly addressed:

 

Paul Luker & Estella Luker

304 Riley Street

Gadsden, AL 35901

 

Cody D. Robinson

OF COUNSEL

 

Oct 26, Nov 2, 9 & 16, 2018

 

 

 

___________

NOTICE OF CONDEMNATION FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-18-900756-GCD

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS

$4,913.00 U.S. Currency

DEFENDANT

In Re: Daniel Kelvin Worley

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRECY:

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 14th day of December, 2018. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said property.

Done this the 10th day of October, 2018

 

Cassandra Johnson

Circuit Clerk

Etowah County, Alabama

 

Oct 19, 26 Nov 2 & 9, 2018

___________

NOTICE OF CONDEMNATION FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-18-900753-WBO

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

VS

$7,100.00 U.S. Currency

DEFENDANT

In Re: Lashederick Devonte Cross, Maliqua Shontrise Crittenden

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRECY:

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 14th day of December, 2018. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said property.

Done this the 10th day of October, 2018

 

Cassandra Johnson

Circuit Clerk

Etowah County, Alabama

 

Oct 19, 26 Nov 2 & 9, 2018

___________

PUBLIC HEARING

 

CITY OF ATTALLA

The City of Attalla will hold public hearings to discuss remedies for nuisance/abatement cases that will come before the Attalla City Council on November 5, 2018 at City Hall at 5:00 P.M, located at 612 4th St NW, Attalla, Alabama. The following addresses will be discussed:

 

626 Rothrock Ave

715 Owens Ave

512 9th Ave SW

111 Hughes Ave

511 Gains St

109 Lester St

1901 4th St NW

411 Lee St SE

 

Oct 19 & 26, 2018

__________

NOTICE OF PUBLICATION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL ACTION NO. CV-2018-900558.00

Frank Pierce

Plaintiff

V.

Lot Number 2 in block Number 10 in Unit Number One of Green’s Subdivision to east Gadsden, according to the map recorded in Plat Book “C” Pages 280 and 281, in the Office of the Judge of Probate Etowah County, Alabama; and Patricia Ann Handy, the unknown heirs of Patricia Ann Handy, and all other persons claiming any present, future, contingent, remainder, reversion, or other interest ins aid property,

Defendents.

AMENDED NOTICE OF PUBLICATION

Patricia Ann Handy, the unknown heirs of Patricia Ann Handy, and all other persons claiming any present, future, contingent, remainder, reversion, or other interest in said property, are hereby notified that Frank Pierce has filed in the Circuit Court for Etowah County, Alabama, a complaint for quite title and other relief. the style of said action being identified CV-2018-900558.00. The above named person, entities and all other persons or entities, known or unknown, are hereby notified that they must file an answer to said complaint in the identified civil action on or befoe December 9, 2018, o thereafter, a judgment by default may be rendered against them in said Civil Action No. CV-2018-900558.00.

Date filed October 12, 2018

 

Cassandra Johnson

Clerk, Etowah County Circuit Court

 

Oct 19, 26, Nov 2 & 9, 2018

___________

NOTICE OF PUBLICATION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL ACTION NO. CV-2018-900560.00

F & L Properties, LLC an Alabama Limited Liability Company

Plaintiff

V

A tract of land described as beginning at a point in the south line of Lot Number 6, which said point is 82 feet westerly, measured along the South line of said lot; from the Southeast corner thereof, and from thence run in a Northerly direction, parallel with the East line of said lot a distance of 182 fee; thence in a Westerly direction parallel with the south line of said lot, a distance of 82 fee; thence in a Southerly direction, parallel with the East line of said Lot, a distance of 182 feet to a point in the South line thereof; thence in an Easterly direction, along the South line of said lot, a distance of 82 feet to the point of beginning, and embracing a portion of Lot number Six (6) in Clayton Plat No. 1 to Alabama City, according to map thereof recorded in Plat Book “A”, pages 320 and 321, Probate Office, Etowah County Alabama, subject to the rights of the public to the use of the portion thereof embraced within the boundaries of Highland Avenue. Julius Riddlespur, the unknown heirs of Julius Riddlespur, and all other persons claiming any present, future, contingent, remainder, reversion, or other interest in said property,

Defendants.

AMENDED NOTICE OF PUBLICATION

Julius Riddlespur, the unknown heirs of Julius Riddlespur, and all other persons claiming any present, future, contingent, remainder, reversion, or other interest in said property, are hereby notified that F & L, Properties, LLC, an Alabama Limited Liability Company has filed in the Circuit court for Etowah County, Alabama, a complaint for quite title and other relief. the style of said action being identified CV-2018-900560.00. the above named person, entities and all other persons or entities, known or unknown, are hereby notified that they must file an answer to said complaint in the identified civil action on or before December 9, 2018, or thereafter, a judgment by default may be rendered against them in said Civil Action No. CV-20180900560.00

Date filed October 12, 2018.

 

Cassandra Johnson

Clerk, Etowah County Circuit Court

 

Oct 19, 26, Nov 2 & 9, 2018

___________

ORDER FOR SERVICE BY PUBLICATION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: CV-2018-900222.00

MCGEE, ERIC, Plaintiff

V.

DOMAIN, DANIELLEM.,

AMERIQUEST MORTGAGE COMPANY INC.,

HOUSEHOLD FINANCE CO. OF ALABAMA

CITIGROUP, INC. ET AL,

Defendants.

Having duly considered the Plaintiff’s Motion for Service by Publication, it hereby ORDERED, ADJUDGED AND DECREED as follows:

  1. The Court hereby approves that the Defendant, Danielle M. Domain, and any other unknown parties who may claim an interest in the property, be served by publication pursuant to Ala.R.Civ.P. 4.3.
  2. The Hon. Joseph (Joey) Owens, Jr., Esq., 408 So. 4th Street, Gadsden, AL 35901 (256-543-8646) (JMOwensLaw@gmail.com) is hereby appointed as the Guardian ad litem to represent the interests of the Defendant, Danielle M. Domain, and any other unknown parties who may claim an interest in the property.

Done this 11th day of June, 2018.

 

William H. Rhea III

Circuit Judge

 

Oct 12, 19, 26 & Nov 2, 2018

___________

ORDER FOR SERVICE BY PUBLICATION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: CV-2018-900220.00

MCGEE, ALISHA, Plaintiff

V.

DORMINY, TIMOTHY SCOTT,

DORMINY, PATRICIA MARIE

Defendants.

Having duly considered the Plaintiff’s Motion for Service by Publication, it hereby ORDERED, ADJUDGED AND DECREED as follows:

  1. The Court hereby approves that the Defendant, Patricia Marie Dorminy, and any other unknown parties who may claim an interest in the property, be served by publication pursuant to Ala.R.Civ.P. 4.3.
  2. Stephanie Gillilan, Esq. is hereby appointed as the Guardian ad litem to represent the interests of the Defendant, Patricia Marie Dorminy, and any other parties who may claim an interest in the property.

Done this 31st day of May, 2018.

 

David A. Kimberley

Circuit Judge

 

Oct 12, 19, 26 & Nov 2, 2018

___________

NOTICE OF PUBLICATION

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-10206

IN THE MATTER OF THE ESTATE OF Martha Rebecca Cruikshank Lovett

DECEASED

TO: Gayle Burke

YOU ARE HEREBY NOTIFIED that there has been filed in this Court an instrument in writing purporting to be the Last Will and Testament of Martha Rebecca Cruikshank Lovett, deceased, and a petition in writing under oath praying for the admission to probate and record in this Court of said instrument as the true and Last Will and Testament of said decedent.

YOU ARE FURTHER NOTIFIED to be and appear before this Court on the 29th day of November 2018, at 11:00 a.m., when said petition will be heard and to show cause, if any you may have, why the instrument filed with said petition and purporting to be the Last Will and Testament of Martha Rebecca Cruikshank Lovett, deceased, should not be admitted to probate and record in this Court as the true and Last Will and Testament of said decedent.

This the 16th day of October, 2018.

 

Bobby M. Junkins

Judge of Probate Court

 

Oct 19, 26 & Nov 2, 2018

 

____________

NOTICE OF PUBLICATION

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: THE ESTATE OF ERNESTO MARSHALL JOHNSON, deceased

CASE NO.: S-2881

Notice to: All creditors, heirs or distributes and all other persons interested in the Estate of Ernesto Marshall Johnson, deceased.

You will hereby take notice that Ernesto R. Johnson, as Administrator of the estaeof Ernesto Marshall Johnson filed a Report of insolvency of said Estate on or about the 2nd day of October 2018.

You are hereby notified that a hearing on the Petitioner’s Report of Insolvency will be held at my office in the Etowah County Courthouse on the 28th day of November, 2018 at 11:30 a.m. when the Report of Insolvency will be considered, and you may show cause, if any, why the Report of Insolvency should be denied.

This the 15th day of October, 2018 at Gadsden, Alabama.

 

Bobby M. Junkins

Judge of Probate

 

Oct 19, 26 & Nov 2, 2018

 

___________

NOTICE OF PUBLICATION

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-10132

IN THE MATTER OF THE ESTATE OF EDDIE KEITH SWAFFORD

Deceased

You will hereby take notice that on this day came CATHY SWAFFORD and produced to the Court an instrument in writing purporting to the Last Will and Testament of EDDIE KEITH SWAFFORD, deceased, and moves the Court to admit the said Will to probate and record.

You are hereby notified to be and appear before me at my office in the Etowah County Courthouse at Gadsden, Alabama, on the 29th day of November, 2018, when the motion will be considered, and show, if anything you have to allege, why said instrument in writing should not be admitted to probate and record, as the Last Will and Testament of said decedent.

 

Bobby M. Junkins

Judge of Probate

 

Oct 26, Nov 2 & 9, 2018

 

LEGAL NOTICE

 

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. JU-2013-312.02

IN RE: AGC

A MINOR CHILD

NOTICE TO KISHARIA TAYLOR

You will take notice that a complaint in the above styled action seeking sole custody of mnor child was filed against you in the Etowah County Juvenile Court on June 5, 2018, Case No. JU-2013-312.02 and that by reason of an order for service of summons by publication entered by this Court on August 6, 2018.

Please be advised that should you intend to contest this petition, you must file a written response within thirty (30) days of the date of the last publication herein with EMILY HAWK MILLS, whose name and address is shown below, and with the Clerk of the Circuit Court of Etowah County, Alabama, 801 Forrest Avenue, Suite 202, Gadsden, AL 35901.

A hearing has been set for January 7, 2019 at 1:30 p.m. before the Honorable Joe Nabors at the Etowah County Judicial Building in Gadsden, Alabama.

 

Emily Hawk Mills

Cusimano, Roberts & Mills, LLC

153 S. 9th Street

Gadsden, AL 35901

 

Done this the 16th day of October, 2018.

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

Oct 26, Nov 2, 9 & 16, 2018

 

 

___________

NOTICE OF PETITION FOR CHANGE OF MINOR’S NAME

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-10154

IN THE MATTER OF CHILD BORN TO PATRICIA DOUGLAS

DOB 11/28/2008

DOB 05/14/2011

TO: Natural Fathers, whereabouts unknown

Take notice that a Petition for the Change of Minor’s Name of the children born to Patricia Douglas, (Natural Mother), has been filed by Patricia Douglas, set to be heard on the 27th day of November, 2018, at 11:00 o’clock a.m. at the Etowah County Courthouse in Gadsden, Alabama. Minor Children’s birth dates are November 28, 2008 and May 14, 2011.

Please be advised that if you intend to contest this petition, you must file a written response within thirty (30) days of the date of the last publication herein with counsel for said Petitioner, whose name and address are as shown below and with the clerk of the said Probate Court.

done this 1st day of October, 2018.

Name and Address of Attorney:

Jared D. Vaughn

Attorney for Petitioner

255 S. 8th Street

Gadsden, Alabama 35901

256-547-4444

 

Bobby M. Junkins

Judge of Probate

 

Oct 12, 19, 26 & Nov 2, 2018

____________

PETITION OF ADOPTION

 

STATE OF ALABAMA, COUNTY OF ETOWAH

IN THE PROBATE COURT OF SAID COUNTY

CASE NO.: A-1382

IN THE MATTER OF AN ADOPTION PETITION OF: TONYA BROWN

NOTICE TO BOBBY EARL JOHNSON, WHOSE WHEREABOUTS ARE UNKNOWN, AND/OR THE UNKNOWN OR UNDISCLOSED PARENT OF:

You will take notice that a Petition for the Adoption of a child born to Tiffany Jean Johnson, Natural Mother, set to be heard on November 27, 2018 at 2:00 p.m. was filed on the 13th day of September, 2018, alleging that the whereabouts of the legal father, Bobby Earl Johnson are unknown, 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 April 4th, 2007.

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 Attorney, Jacob Millican, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.

Done this 4th day of October, 2018.

Jacob Allen Millican

827 Chestnut Street

Gadsden, Alabama 35901

 

Bobby M. Junkins

Judge of Probate

 

Oct 12, 19, 26 & Nov 2, 2018

___________

PETITION OF ADOPTION

 

STATE OF ALABAMA, COUNTY OF ETOWAH

IN THE PROBATE COURT OF SAID COUNTY

CASE NO.: A-1383

IN THE MATTER OF AN ADOPTION PETITION OF: TONYA BROWN

NOTICE TO BOBBY EARL JOHNSON, WHOSE WHEREABOUTS ARE UNKNOWN, AND/OR THE UNKNOWN OR UNDISCLOSED PARENT OF:

You will take notice that a Petition for the Adoption of a child born to Tiffany Jean Johnson, Natural Mother, set to be heard on November 27, 2018 at 2:00 p.m. was filed on the 13th day of September, 2018, alleging that the whereabouts of the legal father, Bobby Earl Johnson are unknown, 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 March 10th, 2006.

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 Attorney, Jacob Millican, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.

Done this 4th day of October, 2018.

Jacob Allen Millican

827 Chestnut Street

Gadsden, Alabama 35901

 

Bobby M. Junkins

Judge of Probate

 

Oct 12, 19, 26 & Nov 2, 2018

__________

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 11/30/18.

 

1998 DODGE DAKOTA; VIN # 1B7FL22P7WS540465

 

Tommy Tow’s

3403 Forrest Avenue

Gadsden, AL 35904

(256) 490-3715

 

Oct 26 & Nov 2, 2018

_________

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 11/30/18.

 

2001 DODGE DAKOTA; VIN # 1B7HS2AN01S325091

2013 FORD FOCUS; VIN # 1FADP3K23DL272064

2005 CHEVROLET SILVERADO; VIN # 1GCEK19T55E189645

1997 PONTIAC TRANS SPORT; VIN # 1GMDX06EXVD149155

 

Hammett Towing

240 Wesson Lake Road

Attalla, AL 35954

(256 613-8499

 

Oct 26 & Nov 2, 2018

____________

NOTICE OF

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 11/30/18.

 

2005 NISSAN ALTIMA; VIN # 1N4BL11D15C287822

2006 JEEP GRAND CHEROKEE; VIN # 1J8HS58N36C148749

1998 DODGE GRAND CARAVAN; VIN # 1B4GP54G0WB540425

2005 VOLKSWAGEN PASSAT; VIN # WVWAE63B05P059263

 

ER Towing & Recovery

1733 Forrest Avenue

Gadsden, AL 35901

(256) 547-1549

 

Oct 26 & Nov 2, 2018

 

 

 

 

 

____________

STATE OF ALABAMA

PROCLAMATION

BY THE GOVERNOR

 

WHEREAS the Alabama Legislature at its 2018 Regular Session enacted Act Nos. 2017-188 (HB98), 2018-132 (SB194), 2018-276 (SB15), and 2018-389 (SB181) proposing certain amendments to the Constitution of Alabama of 1901;

WHEREAS, in conformity with Section 284 of the Constitution of Alabama of 1901, as amended, the Legislature has ordered an election by the qualified electors of the state upon such proposed amendments; and

WHEREAS notice of this election, together with the proposed amendments, is required by law to be given by proclamation of the Governor, which shall be published once a week for at least four successive weeks immediately preceding the day appointed for the election;

NOW, THEREFORE, I, Kay Ivey, as Governor of the State of Alabama, do hereby give notice, direct, and proclaim that on Tuesday, November 6, 2018, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendments to the Constitution of 1901 of the State of Alabama:

AMENDMENT PROPOSED BY ACT NO. 2017-188 (HB98)

(a) This state acknowledges, declares, and affirms that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life.

(b) This state further acknowledges, declares, and affirms that it is the public policy of this state to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate.

(c) Nothing in this constitution secures or protects a right to abortion or requires the funding of an abortion.

AMENDMENT PROPOSED BY ACT NO. 2018-132 (SB194)

“Section 264.

“The state university shall be under the management and control of a board of trustees, which shall consist of two members from each congressional district in the state as constituted on January 1, 2018, an additional member from the congressional district which includes the site of the first campus of the university, the superintendent of education, and the governor, who shall be ex officio president of the board. The members of the board of trustees as now constituted shall hold office until their respective terms expire under existing law, and until their successors shall be elected and confirmed as hereinafter required. The additional trustees provided for by this amendment shall be elected by the existing members of the board, and confirmed by the senate in the manner provided below, for initial terms of not more than six years established by the board so that one term shall expire each three years in each congressional district. Successors to the terms of the existing and additional trustees shall hold office for a term of six years, and shall not serve more than three consecutive full six-year terms on the board; provided however that a trustee shall retire from the board and vacate office at the annual meeting of the board following that trustee’s seventieth birthday. Election of additional and successor trustees or of trustees to fill any vacancy created by the expiration of a term or by the death or resignation of any member or from any other cause shall be by the remaining members of the board by secret ballot; provided, that any trustee so elected shall hold office from the date of election until confirmation or rejection by the senate, and, if confirmed, until the expiration of the term for which elected, and until a successor is elected. At every meeting of the legislature the superintendent of education shall certify to the senate the names of all who shall have been so elected since the last session of the legislature, and the senate shall confirm or reject them, as it shall determine is for the best interest of the university. If it rejects the names of any members, it shall thereupon elect trustees in the stead of those rejected. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. Upon the vacation of office by a trustee, the board, if it desires, may bestow upon a trustee the honorary title of trustee emeritus, but such status shall confer no responsibilities, duties, rights, or privileges as such.”

AMENDMENT PROPOSED BY ACT NO. 2018-276 (SB15)

Part 1. Section 46 of the Constitution of Alabama of 1901, and Amendment 97 to the Constitution of Alabama of 1901, both now appearing as Section 46 of the Official Recompilation of the Constitution of Alabama of 1901, are repealed.

Part 2. Section 46 is added to the Constitution of Alabama of 1901, to read as follows:

Section 46.

(a) Senators and representatives shall be elected by the qualified electors on the first Tuesday after the first Monday in November unless the Legislature shall change the time of holding elections and in every fourth year thereafter. The terms of office of the senators and representatives shall commence on the day after the general election at which they are elected, and expire on the day after the general election held in the fourth year after their election, except as otherwise provided in this Constitution. At the general election in the year nineteen hundred and two all the representatives, together with the senators for the even numbered districts and for the thirty-fifth district, shall be elected. The terms of those senators who represent the odd numbered districts under the law in force prior to the ratification of this Constitution, are hereby extended until the day after the general election in the year nineteen hundred and six; and until the expiration of his or her term as hereinbefore extended, each such senator shall represent the district established by this Constitution, bearing the number corresponding with that for which he or she was elected. In the year nineteen hundred and six, and in every fourth year thereafter, all the senators and representatives shall be elected.

(b) Except as provided in subsection (c), when a vacancy occurs in either house of the Legislature, the Governor shall issue a writ of election to fill the vacancy for the remainder of the term. However, if the Secretary of State determines that a legally qualified candidate for election to the vacancy is unopposed when the last date for filing certificates of nomination has passed, the election shall not be held. The Secretary of State shall issue a certificate of election to the candidate, the same as if an election had been held, and the certificate shall be accepted by the house in which the vacancy occurred as evidence of the unopposed candidate’s right to fill the position created by the vacancy. In the event an election is held, all the costs and expenses incurred thereby shall be paid out of any funds in the State Treasury not otherwise appropriated.

(c) When a vacancy occurs in either house of the Legislature on or after October 1 of the third year of a quadrennium, the seat shall remain vacant until a successor is elected at the next succeeding general election.

AMENDMENT PROPOSED BY ACT NO. 2018-389 (SB181)

Every person shall be at liberty to worship God according to the dictates of his or her own conscience. No person shall be compelled to attend, or, against his or her consent, to contribute to the erection or support of any place of religious worship, or to pay tithes, taxes, or other rates for the support of any minister of the gospel. Property belonging to the state may be used to display the Ten Commandments, and the right of a public school and public body to display the Ten Commandments on property owned or administrated by a public school or public body in this state is not restrained or abridged. The civil and political rights, privileges, and capacities of no person shall be diminished or enlarged on account of his or her religious belief. No public funds may be expended in defense of the constitutionality of this amendment.

The Ten Commandments shall be displayed in a manner that complies with constitutional requirements, including, but not limited to, being intermingled with historical or educational items, or both, in a larger display within or on property owned or administrated by a public school or public body.

FURTHER, I proclaim and direct that notice of this election to be held on Tuesday, November 6, 2018, upon the above proposed amendments to the Constitution of 1901 of the State of Alabama, shall be given by publishing the same in a newspaper published within each county authorized to publish legal advertisements.