Legals for the week of 11/16 - 11/22

November 16, 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 mortgage executed by DIANA JANET MONTES ESPARZA to RAMONA JEAN CHANDLER dated March 23, 2016 and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3431552; the undersigned mortgage owner, Ramona Jean Chandler, has elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 6th day of December, 2018, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of GADSDEN, ETOWAH County, Alabama, the following described real estate situated in ETOWAH County, Alabama, to-wit:

Lots Ten (10) in Block Sixteen (16) of Smith’s First Addition to Alabama City (now Gadsden), according to the map or plat thereof recorded in Plat Book “B”, Page 158 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.

The proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.

 

RAMONA JEAN CHANDLER

Mortgage Owner

 

COPELAND LAW, LLP

Attorneys for owner

 

Nov 2, 9 & 16, 2018

__________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain real estate mortgages executed by MELISSA A. LEWIS, a single woman to Gadsden-Etowah Habitat for Humanity, Inc. dated February 17, 2009 and recorded in Instrument No.: 3308858 and Instrument No.: 3308860 in the Office of the Judge of Probate, Etowah County, Alabama, and the mortgagee, by reason of such default having declared all the indebtedness secured by said mortgages due and payable and said mortgage subject to foreclosure, and said default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgages, the mortgagee will sell at public outcry, for cash to the highest and best bidder in front of the courthouse door of the Etowah County Courthouse, during the legal hours of sale on the 23rd day of November, 2018, the following described real estate situated in Etowah County, Alabama.

Lot Ten (10) of Adams Park Subdivision, according to the plat or map

Therefore as the same appears of record in Plat Book “L”. Page 59, in the Probate Office, Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgages, as well as the expenses of foreclosure. The property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the records of the Probate Court. The property will be sold without warrant, 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. The mortgagee reserves the right to bid for and purchase the property and to credit its purchase price against the expenses of sale and the indebtedness secured by the property.

Alabama law gives some persons who have an interest in the 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.

 

David C. Livingston

Attorney for Mortgagee

P.O. Box 1621

Gadsden, AL 35902

(256) 546-9300

 

Nov 2, 9 & 16, 2018

 

 

 

__________

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

DEFAULT HAVING BEEN MADE in the payment of the indebtedness secured by that certain mortgage executed by HELEN FREEMAN, a single woman; to LIBERTY BANK, which mortgage is dated October 16, 2013 and which was recorded on October 18, 2013 in Mortgage Book 2032, Page 262 in the Office of the Judge of Probate, DeKalb County, Alabama; October 17, 2013 in Instrument 3393358, page 6 in the Office of the Judge of Probate, Etowah County, Alabama

And default continuing, notice hereby is given that under the power of sale contained in said mortgage, I will, on behalf of LIBERTY BANK proceed to sell on DECEMBER 7, 2018 during the legal hours of sale, to-wit: 11:00 o’clock a.m. to 4:00 o’clock p.m., in front of the main entrance to the Etowah County Courthouse in Gadsden, Alabama, to the highest, best, and last bidder for cash, the following described real estate situated in Etowah County, Alabama, and described as follows:

Lot 12 in Block 1 of the Etowah Trust and Savings Bank Subdivision, Forrest Ave, less 50 ft. of even width on the West end of said lot know as 196 No. 16th St. Gadsden, Alabama, according to plat of said subdivision recorded in Plat Book “C”, Page 53 in the Probate Office of Etowah County, Alabama.

Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, wells, ditches and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property) This security interest will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by lender.

Said sale is for the purpose of securing payment of the indebtedness secured by said Mortgage, together with the costs 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.

WILSON & SCOTT, LLC

Attorneys for Mortgagee

NIKKI P. SCOTT (SCO 029)

411 Alabama Avenue, Southwest

Fort Payne, Alabama 35967

Tel: (256) 845-7000 / Fax: (256) 845-6333

 

Nov 9, 16 & 23, 2018

 

__________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the terms of that mortgage executed on July 24, 2017 by Roxanne Franklin, an unmarried individual, to EvaBank, which said mortgage is recorded in Book 3455119, Page in the Probate Office of Etowah County, Alabama, and default continuing, and by virtue of the power of sale contained in said mortgage, the following described property will be sold at public outcry, for cash, to the highest bidder, in front of the Courthouse door of said County, in Gadsden, Alabama, during the legal hours of sale on December 4, 2018:

The SE ¼ of the NW ¼ of Section 5, Township 11 South, Range 5 East and more particularly described as follows: Commence at the NW corner of the above described SE ¼ of the NW ¼ and in a southerly direction along the West line of said quarter-quarter run a distance of 202.0 feet to the point of beginning; thence run north 85 degrees 41’ East for a distance of 197.6 feet to the West right of way line of the paved county road; thence run South 18 degrees 06’ East along the West right of way line of said highway for a distance of 48/3 feet; thence run South 3 degrees 19’ East and parallel with the West line of said quarter-quarter; for a distance of 171.2 feet; thence run south 86 degrees 41’ West for a distance of 210.0 feet to a point on the West line of said quarter-quarter; thence run North 3 degrees 19’ West and along the West line of said quarter-quarter for a distance of 218 feet to the point of beginning, and lying and being in the SE ¼ of the NW ¼ of Section 5, Township 11 South, Range 5 East in Etowah County, Alabama.

Said sale is made for the purpose of paying the mortgage debt and cost 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.

 

EvaBank, Mortgagee

Dewayne N. Morris

Attorney for Mortgagee

2131 Third Avenue North

Birmingham, Alabama 35203

 

Nov 9, 16 & 23, 2018

 

 

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage dated August 17, 2016, executed by Harold G. Smith, an unmarried man, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Quicken Loans Inc., which mortgage was recorded on August 30, 2016, in Instrument Number 3439148, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Quicken Loans Inc., 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 16, 2019, the following described real estate, situated in Etowah County, Alabama, to-wit:

Land situated in the County of Etowah in the State of AL

Lot thirty-one (31) Larrydale Subdivision, Unit 2, according to map or plat thereof recorded in Plat G, Page 99, 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.

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.

Quicken Loans Inc.

Transferee

 

Robert J. Wermuth/mgw

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama 35804

Attorney for Mortgagee

 

Nov 16, 23 & 30, 2018

 

 

MORTGAGE

FORECLOSURE SALE

 

STATE OF ALABAMA, COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Troy Lane Painter And Carol C. Painter His Wife to National City Mortgage a division of National City Bank dated January 19, 2007; said mortgage being recorded as Instrument No. 3263837 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, PNC Bank, National Association, successor by merger to National City Mortgage, a division of National City 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 before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 17th day of December, 2019 the following property, situated in Etowah County, Alabama, to-wit:

LOT NUMBER FIFTY (50) IN FIRST ADDITION TO DRUID PARK ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “H”, PAGE 87, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA.

Said property is commonly known as 4090 Bill Jon Drive, Rainbow City, AL 35906.

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 Troy Lane Painter and Carol C. Painter 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.

 

PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK

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. 982718

www.foreclosurehotline.net

 

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

 

Nov 16, 23 & 30, 2018

__________

MORTGAGE

FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on November 15, 2002 by Rodney L. Ward and Cynthia B. Ward, Husband and wife, originally in favor of SouthTrust Bank, and recorded in Book 2002 at Page 0005807 on December 17, 2002, in the Office of the Judge of Probate of Etowah County, Alabama. 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, 2019, 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 1, Brock Hill 2nd Addition, Plat Book G, page 399, Probate Office, Etowah County, Alabama.

For informational purposes only, the property address is: 4896 Tawannah Trl, Hokes Bluff, 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.

Wells Fargo Bank, N.A., and its successors and assigns

Mortgagee or Transferee

 

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 18-016512

Attorneys for Mortgagee or Transferee

 

Nov 16, 23 & 30, 2018

_________

FILE CLAIMS

 

IVA R. MOORE appointed Personal representatives on 10/30/2018 Estate of ESTUS M. 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

 

Nov 9, 16 & 23, 2018

___________

FILE CLAIMS

 

JOY B. PEVSNER appointed Personal representatives on 10/24/2018 Estate of DELITE B. CRUIT 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

 

Nov 9, 16 & 23, 2018

___________

FILE CLAIMS

 

RONALD FOWLER appointed Personal representatives on 10/23/2018 Estate of BARBARA FOWLER 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

 

Nov 9, 16 & 23, 2018

___________

FILE CLAIMS

 

SONYA CAROL OWENS appointed Personal representatives on 10/18/2018 Estate of WILLIAM E. OWENS, III 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

 

Nov 9, 16 & 23, 2018

_________

FILE CLAIMS

 

LINDA DEERMAN MORRIS appointed Personal representatives on 10/24/2018 Estate of VELLA MAE TUCKER 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

 

Nov 9, 16 & 23, 2018

_________

FILE CLAIMS

 

KAREN ANNETTE SAXON appointed Personal representatives on 10/19/2018 Estate of VICKIE LYNN WHALEY 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

 

Nov 9, 16 & 23, 2018

__________

FILE CLAIMS

 

TIMOTHY LEE BOHANNON appointed Personal representatives on 10/30/2018 Estate of TIMOTHY WAYNE BOHANNON 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

 

Nov 9, 16 & 23, 2018

___________

FILE CLAIMS

 

JIMMY R. WETZEL, JR. appointed Personal representatives on 10/31/2018 Estate of MARGIE A. WETZEL 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

 

Nov 16, 23 & 30, 2018

____________

FILE CLAIMS

 

FOSTER LANE TALLEY appointed Personal representatives on 11/02/2018 Estate of FOSTER EVANS TALLEY 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

 

Nov 16, 23 & 30, 2018

____________

FILE CLAIMS

 

JACOB MILLICAN appointed Personal representatives on 11/01/2018 Estate of JAMES N. MCGUIRE 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

 

Nov 16, 23 & 30, 2018

____________

FILE CLAIMS

 

VICKI LEAK, KATHY BRIDGES AND FREDERICK QUINN appointed Personal representatives on 10/22/2018 Estate of BILLIE RUTH QUINN 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

 

Nov 16, 23 & 30, 2018

____________

FILE CLAIMS

 

MARLON TIMMONS appointed Personal representatives on 10/31/2018 Estate of ANNETTE PEARSON TIMMONS 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

 

Nov 16, 23 & 30, 2018

___________

FILE CLAIMS

 

LOU BUSH appointed Personal representatives on 11/02/2018 Estate of BRIAN BUSH 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

 

Nov 16, 23 & 30, 2018

___________

FILE CLAIMS

 

WANDA ALLEN appointed Personal representatives on 11/06/2018 Estate of JAMES EDWARD ALLEN JR. 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

 

Nov 16, 23 & 30, 2018

____________

FILE CLAIMS

 

JANET LYNN ADAMS appointed Personal representatives on 10/29/2018 Estate of ERA I. ADAMS 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

 

Nov 16, 23 & 30, 2018

____________

FILE CLAIMS

 

WILLIE MAE WILSON AND VICKI SANDRIDGE appointed Personal representatives on 11/02/2018 Estate of JAMES DUNNICAN, JR. 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

 

Nov 16, 23 & 30, 201

____________

FILE CLAIMS

 

JANE M. HUDSON appointed Personal representatives on 11/02/2018 Estate of THOMAS W. HUDSON 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

 

Nov 16, 23 & 30, 2018

____________

RESOLUTION

  1. R-441-18

 

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at

2409 JAMES STREET in District 1 in the City of Gadsden, more particularly described as:

Lot Number Ten (10) in Block Number Three (3) of James Cain addition to East Gadsden, according to map or plat thereof as the same appears of record in Book of Town Plats “B”, at page 340, in the Probate Office, all being in the City of Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to KEVIN JOEL GARRETT, 2409 James Street, Gadsden, AL; WALL MARK SIDING OUTLET, INC., 1827 Powers Ferry Road, Building 1, Suite 100, Marietta, GA.

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on October 10, 2018.

 

Iva Nelson, City Clerk

 

Nov 16, 2018

____________

RESOLUTION

  1. R-442-18

 

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at

112 N. 21ST STREET in District 1 in the City of Gadsden, more particularly described as:

Lot Number Eleven (11) in Block Number Two (2) of W. M. Smith’s Second Addition to East Gadsden, according to the map thereof recorded in Plat Book “A”, Page 423 in the

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to CHRISTOPHER E. FORD and JOHN D. WILLIAMS, 112 N. 21st Street, Gadsden, AL, 1ST FRANKLIN FINANCIAL CORPORATION, 447 George Wallace Drive, Gadsden, AL.

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on October 10, 2018.

 

Iva Nelson, City Clerk

 

Nov 16, 2018

____________

RESOLUTION

  1. R-443-18

 

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that the property or condition located at 516 JOSEPH T ROBINSON STREET in District 3 in the City of Gadsden, more particularly described as:

Lt 14 & the NE 5; of Lt 15 Bk 5 Northside Sub Plat G 197-199-4-12-6.

Tax ID#: 15-02-04-1-000-028.000

is a nuisance and ordered its abatement; and

Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to CLETTIE HENDERSON, “LF EST”, P.O. Box 2382, Gadsden, AL.

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.

Adopted by the City Council of Gadsden, Alabama, at a meeting held on October 10, 2018.

 

Iva Nelson, City Clerk

 

Nov 16, 2018

______________

RESOLUTION

  1. R-444-18

 

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at

1411 4th AVENUE in District 5 in the City of Gadsden, more particularly described as:

Lot 6, Block 11, of Hill and Cansler Addition, as recorded in Plat Book “A”, Page 74, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to STATE OF ALABAMA, P.O. Box 327210, Montgomery, AL, possible rights of redemption of DAVID K. GREEN, 4 Wild Heron Villas Road, Savannah, GA.

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on October 10, 2018.

 

Iva Nelson, City Clerk

 

Nov 16, 2018

___________

RESOLUTION

  1. R-445-18

 

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that the property or condition located at 3331 MADISON AVENUE in District 6 in the City of Gadsden, more particularly described as:

Lot 19 Blk 2 Mrs Nena K Elliott’s Homewood Add Plat C 218-219 Gadsden Sec 1 TWP 12S R 5E Bk 726 Pg 147. Tax ID#: 16-01-01-3-000-037.000

is a nuisance and ordered its abatement; and

Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to POLLY ANN HILL, 1716 Old Gadsden Highway, Anniston, AL.

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.

Adopted by the City Council of Gadsden, Alabama, at a meeting held on October 10, 2018.

 

Iva Nelson, City Clerk

 

Nov 16, 2018

­­­­­___________

RESOLUTION

  1. R-446-18

 

Ordering Abatement of Nuisance

Whereas, the Building Official has determined that a structure located at

4 MITCHELL STREET in District 6 in the City of Gadsden, more particularly described as: That certain parcel of land with all the buildings and improvements thereon, being designated as Lot N. 58, Parcel No. 5, 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.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to STATE OF ALABAMA, P.O. Box 327210, Montgomery, AL, possible rights of redemption of TIMMY and DIANA CRANFORD, STATEWIDE MORTGAGE CORPORATION, 222 Camden Lake Drive, Calera, AL, FIRST FAMILY FINANCIAL SERVICES, INC., 300 St. Paul Place, 435, Baltimore, MD, EQUIPRIME, INC., 120 Oxmore Blvd. 100, Birmingham, AL, PROVIDENT BANK, 5 Market Place, Amesbury, MA.

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

  1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
  2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.

Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on October 10, 2018.

 

Iva Nelson, City Clerk

 

Nov 16, 2018

___________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NOL CV-17-900510-WAM

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

PLAINTIFF

VS.

$4,086.00 U.S. Currency

DEFENDANT

In Re: Christopher Shane Hanson

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY: 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 8th day of September, 2017. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 10th day of July, 2017

 

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

 

Nov 16, 23, 30 & Dec 7, 2018

___________

NOTICE OF HEARING

 

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF KENNETH WESLEY FANCHIER

S-10248

NOTICE TO THE UNKNOWN OR UNDISCLOSED NEXT OF KIN OF KENNETH WESLEY FRANCHIER

You will take noti8ce that a Petition filed by Samuel Bryan Holbrooks of Village Chapel Funeral Home and Crematory for the disposition of the remains of KENNETH WESLEY FANCHIER, who passed from this life and stepped into eternity on the 9th day of November, 2018, is set to be heard on the 20th day of November, 2018, alleging that there are no known next of kin to take custody of the remains of the Decedent.

Please be advised that should you intend to contest this matter or desire to take custody of the remains of the Decedent for proper disposition, you must file a written response within two(2) days of the date of the last publication herein with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Ave, Gadsden, Alabama 35901

Done this 13th day of November, 2018

 

Bobby M. Junkins

Judge of Probate

 

Nov 16, 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 COMPLAINT

 

EDNESHIA ENETTE BILLINGSLEY, whose whereabouts are unknown, must answer the Complaint of ASHLEY ANN BUSSEY has filed in the Circuit Court of Etowah County for damages and injuries received during an automobile accident that occurred on the 30th day of June, 2016 by December 21, 2018, or thereafter a judgement for default may be rendered against her in Civil Action Number CV-18-126, Circuit Court of Etowah County, Alabama that was filed and dated June 29th, 2018.

 

Attorney for Ashley Ann Bussey

Luther D. Abel

408 S 4th Street

Gadsden, AL 35901

(256) 543-8646

 

Nov 2, 9, 16 & 23, 2018

____________

NOTICE OF PETITION

 

IN THE CIRCUIT COURT OF ETOWAH COUNTY ALABAMA

DR-2009-1041.04

DR-2009-1041.05

Jeannie Latham, Plaintiff

v.

Phillip David Latham

The Plaintiff, whose whereabouts are unknown, must answer Defendant’s Petition filed in the above referenced court and case numbers within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against Plaintiff in the above-styled case.

Done the 24th day of October, 2018

 

Cassandra Johnson

Clerk of the Circuit Court

Etowah County

 

Nov 2, 9, 16 & 23, 2018

___________

NOTICE OF ADOPTION PETITION

 

IN THE PROBATE COURT OF ETOWAH COUNTY

CASE NO.: A-1336

STATE OF ALABAMA, COUNTY OF ETOWAH

IN THE MATTER OF THE ADOPTION PETITION OF:

BILLY & BARBARA JARMON

NOTICE OF PETITION FOR ADOPTION TO THE NATURAL FATHER OF A MINOR CHILD WHOSE WHEREABOUTS ARE UNKNOWN

You will take notice that a Petition for Adoption of a Minor Child born of natural mother, CHRISTINA JARMON, set to be heard on January 23, 2019 @ 10:00 a.m., was filed on the 28th day of May, 2018, alleging that the whereabouts of the natural father of the minor child, is unknown ad has not been disclosed to this Court. Minor child’s date of birth is July 23, 2006.

Please be advised that should you intend to contest this adoption, you must file a written response within (30) days of the date of the last publication herein (with Sam D. Bone, 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 the 7th day of November, 2018.

Sam D. Bone

1031 Forrest Avenue

Gadsden, AL 35901

(256) 547-1005

 

Bobby M. Junkins

Judge of Probate

 

Nov 9, 16, 23 & 30, 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

VEHICLE POSSESSION

 

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 12/14/18.

 

2006 FORD TAURUS; VIN # 1FAFP56U36A244120

 

Tommy Tow’s

3403 Forrest Avenue

Gadsden, AL 35904

(256) 490-3715

 

Nov 9 & 16, 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 12/14/18.

 

2002 TOYOTA 4RUNNER; VIN # JT3GN86R320245421

 

Ron’s Body Shop

958 Sutton Bridge Road

Rainbow City, AL 35906

(256) 442-2477

 

Nov 9 & 16, 2018

________

AUCTION NOTICE

 

Pursuant to the provisions of Alabama Abandoned Motor Vehicles Act: Section 32-13-4 Code of Alabama 1975, notice is hereby given to the owners, lienholders and other interested parties that the following described vehicles were taken into custody by Autow’s Towing to wit:

 

2005 NISSAN ALTIMA; VIN # 1N4AL11D95C268494

2003 VOLKSWAGON BEETLE; VIN # 3VWCP21C03M423284

2000 NISSAN FRONTIER; VIN # 1N6ED26T9YC372340

2001 HONDA ACCORD; VIN # JHMCG56661C027543

2005 PONTIAC VIBE; VIN # 5Y2SL63825Z416896

 

Will be sold to the highest bidder for cash at 3574 SHADY GROVE ROAD, BOAZ, AL 35956 on 12/12/2018 at 10:00 am. The seller shall have the right to reject any and all bids if in the opinion of the seller, the bid is unreasonably low. Call Autow’s Towing at 256-490-7237 for more information. Vehicles will be available for viewing 1 hour prior to sale on the sale date.

 

Nov 9 & 16, 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 12/13/18.

 

2000 NISSAN MAXIMA; VIN # JNICA31A9YT212010

1998 MERCURY VILLAGER; VIN # 4M2ZV1111WDJ23730

2001 CHEVROLET SILVERADO; VIN 3 1GCGK13491F153780

 

UNI Towing

20175 Hwy 77

Attalla, AL 35954

(256) 538-6600

 

Nov 16 & 23, 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 12/11/18.

 

2006 CHEVY HHR; VIN # 3GNDA23D36S539570

 

Tru Rate Auto

1405 East Broad Street

Gadsden, AL 35903

(256) 346-5386

 

Nov 16 & 23, 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 12/21/18.

 

2007 CHEVROLET IMPALA; VIN # 2G1WU58RX79171815

 

Ohana Auto Repair

3425 Rainbow Parkway

Rainbow City, AL 35906

(256)442-6864

 

Nov 16 & 23, 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 12/21/18.

 

2005 GMC SIERRA; VIN # 2GTEK13T151245378

 

Dylan Harrison

145 Forman Drive

Attalla, AL 35954

(205) 577-2889

 

Nov 16 & 23, 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 12/21/18.

 

2006 SUZUKI GSX-R600K6; VIN # JS1GN7DA762115231

2007 KAWASAKI ZXP; VIN # JKAZX4P127A018197

2007 KAWASAKI ZX-6R; VIN # JKAZX4P137A011615

 

D & W Transport

1217 Ratliff Street

Gadsden, AL 35904

(256) 613-1050

 

Nov 16 & 23, 2018