Legals for 12/27/19 - 01/02/2020

December 26, 2019 chris
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________________

NOTICE OF MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Anthony Mince and Janet Mince to Joyce F. Johnson dated March 2, 2006 and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3241932; the undersigned mortgage owner, Joyce F. Johnson, 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 16th day of January, 2020, 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 Number 44 and 45 in Western Hills Subdivision 1st Addition, Part B, as recorded in Plat Book “I”, Page 120, Probate Office, 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.

JOYCE F. JOHNSON

Mortgage Owner

Copeland Law, LLP

816 Chestnut Street

Gadsden, AL 35901

P:256-546-9500

F:256-546-9598

December 13, 20 and 27, 2019

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NOTICE OF MORTGAGE FORECLOSURE

STATE OF ALABAMA, ETOWAH COUNTY

Whereas, default having been made in the payment of the indebtedness secured by that

certain mortgage executed by Marie Bankson to Community Credit Union, now known as WinSouth Credit Union, on the 12th day of February, 2008, said mortgage being recorded as Instrument Number 3288717 in the 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, WinSouth Credit Union, will sell at public outcry to the highest bidder for cash in front of the courthouse door in Etowah County,

Alabama, during the legal hours of sale on the 3rd day of January, 2020, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot. No. 3, Block No. 3, Country Club Terrace, according to the map or plat

thereof, recorded in Plat Book ‘G’ at Page ‘15’ in the Office of the Probate Judge

of Etowah County, Alabama, and lying an being located in Gadsden, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said

mortgage, as well as the expenses of foreclosure. The sale will be subject to the rights of

Redemption by those parties entitled to redeem under the laws of the State of Alabama.

DAVIS BAILEY

Brunson & Huffstutler Attorneys, P.C.

301 Broad Street

Gadsden, Alabama 35901

Phone 256-546-9205

December 13, 20 and 27, 2019

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mark A. Gidley, a married man joined herein by Tammy M. Gidley, originally in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Colonial Bank, on the 29th day of September, 2008, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3302390; the undersigned Wells Fargo Bank, N.A., as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on December 19, 2019, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot 16, Stonehedge Estates, as recorded in Plat Book “J”, Page 50, in the Judge of Probate Office, Etowah County, Alabama.

Property street address for informational purposes: 208 Cambridge Ln, Rainbow City, AL 35906

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

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

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

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

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

This sale is subject to postponement or cancellation.

Wells Fargo Bank, N.A., Mortgagee/Transferee

The above mortgage foreclosure sale has been postponed until 01/30/2020 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P.O. Box 55727

Birmingham, AL 35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

262157

December 27, 2019

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NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA COUNTY OF ETOWAH

Default having been made of the terms of the loan documents secured by that certain mortgage executed by Perry Andrew Wain And Wife Britney Wain to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Village Capital & Investment, LLC, its successors and assigns dated December 22, 2015; said mortgage being recorded on January 13, 2016, as Instrument No. 3428618 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Village Capital & Investment, LLC to be recorded in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Village Capital & Investment, 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 13th day of January, 2020 the following property, situated in Etowah County, Alabama, to-wit:

The land described herein is situated in the State of Alabama, County of Etowah, described as follows:

Parcel 1

For a point of beginning: Commence at the Northeast corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section 33, Township 10 South, Range 5 East; thence run Southerly along the East Boundary line a distance of 660.18 feet to an engineering nail found in the centerline of Thornhill Road; thence deflect right 92 degrees 28 minutes 10 seconds and run Northwesterly along a fence line a distance of 303.88 feet to an iron pin found; thence deflect right 81 degrees 10 minutes 35 seconds and run Northwesterly, passing through an iron pin found at 7.50 feet, a distance of 213.43 feet to an iron pin found and the Point of Beginning; thence continue Northwesterly along previous course a distance of 184.28 feet to an iron pin set; thence deflect left 82 degrees 04 minutes 00 seconds and run Northwesterly a distance of 295.50 feet to an iron pin set; thence deflect left 93 degrees 31 minutes 31 seconds and run Southeasterly along a fence line a distance of 175.68 feet to an iron pin found; thence deflect left 85 degrees 08 minutes 59 seconds and run Southeasterly a distance of 310.21 feet to the point of beginning, said tract embracing a portion of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), Section 33, Township 10 South, Range 5 East, of the Huntsville Meridian, Etowah County, Alabama.

Parcel 2

Also: A 15’ wide ingress and egress easement being more particularly described by the centerline as follows: Commencing at the Northeast corner of the lands described in Document #2008, page 3302270, Probate Office, Etowah County, Alabama; thence S89’ 09’ 42” E, along the extension of the North line of said Document, a distance of 7.57 feet to the point of beginning of said centerline; thence along said centerline with the following: S07’ 05’ 42” E, a distance of 183.28 feet; thence S08’ 59’ 12” E, a distance of 206.71 feet to the center of an existing 15’ wide ingress and egress easement; thence N89’ 50’ 13” E, along the center of said easement, a distance of 326.27 feet to the centerline of Thornhill Road (60’ right-of-way) and point of ending. Said easement being 7.5 feet on each side of the above described centerline A being a portion of the NE 1/4 of the NE 1/4 in Section 33, Township 10 South, Range 5 East, Etowah County, Alabama.

APN: 04-08-33-0-000-001.006

Said property is commonly known as 1211 Thornhill Rd, Boaz, AL 35956.

Should a conflict arise between the property address and the legal description the legal description will control.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all outstanding liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned. The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.

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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.

VILLAGE CAPITAL & INVESTMENT, 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. 9222219

www.foreclosurehotline.net

December 20, 27, 2019 and January 3, 2020

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NOTICE OF MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Jeremy B. Childress, an unmarried man, to Mortgage Electronic Registration Systems, Inc. (“MERS”) (solely as nominee for Lender, First Federal Bank, and Lender’s successors and assigns), dated the 25th day of April, 2013, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3384867; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (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 November 5, 2019 and recorded in said Probate Office as Instrument Number 3493293. 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 February 6, 2020, 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 3, Peteet Estates, Phase I, as recorded in Plat Book “L”, Page 53, Probate Office, 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.: 49696-3008

ATTORNEYS FOR ASSIGNEE

ALABAMA HOUSING FINANCE AUTHORITY

December 27, 2019, January 3, 10, 2020

________________

FILE CLAIMS

Cheryl D. Crawford appointed Personal Representative on 11/13/2019 Estate of Timothy Wayne Crawford deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 13, 20 and 27, 2019

________________

FILE CLAIMS

Cheryl D. Crawford appointed Personal Representative on 11/13/2019 Estate of Jimmy A. Crawford deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 13, 20 and 27, 2019

________________

FILE CLAIMS

Cedric Foster Williams was appointed Personal Representative on 11/26 /2019 Estate of Willis Williams deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 20, 27, 2019 and January 3, 2020

________________

FILE CLAIMS

Frederick Helm was appointed Personal Representative on 11/22/2019 Estate of Donna Lynn Helm deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 20, 27, 2019 and January 3, 2020

________________

FILE CLAIMS

Laura Sue Smothers Bessent was appointed Personal Representative on 12/05/2019 Estate of Delmer Wilkey deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 20, 27, 2019 and January 3, 2020

________________

FILE CLAIMS

Dorothy Collins, was appointed Personal Representative on 11/20/2019 Estate of Debra Stephenson Griffith deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 20, 27, 2019 and January 3, 2020

________________

FILE CLAIMS

Theresa Brown, was appointed Personal Representative on 12/16/2019 Estate of Dan Wells deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 27, 2019, January 3, and 10, 2020

________________

FILE CLAIMS 

Belinda F. Young, was appointed Personal Representative on 12/02/2019 Estate Robert A. Freeman deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 27, 2019, January 3, and 10, 2020

________________

FILE CLAIMS

 

Eric Murphy, was appointed Personal Representative on 12/04/2019 Estate Harley Gene Mayo deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 27, 2019, January 3, and 10, 2020

________________

FILE CLAIMS

Robert William Horan, was appointed Personal Representative on 12/12/2019 Estate of Nancy Lou Horan deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 27, 2019, January 3, and 10, 2020

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NOTICE OF CREDITORS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In Re: The estate of Jane Trotter, Deceased

Case No: S-10760

Notice of Creditors

Take Notice that Letters of Administration having been granted to Lee S. Trotter, as Personal Representative of the Estate of Jane Trotter, deceased, on the 25th day of November 2019, by the Judge of Probate of Etowah County, Alabama.

Notice is Hereby Given that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.

Jason Knowles

Knowles & Sullivan, LLC

Attorney’s for Petitioner

400 Broad Street

Gadsden, AL. 35901

256-547-7200

December 20, 27, 2019 and January 3, 2020

________________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

THE ESTATE OF JOE McEACHERN, DECEASED

CASE NO: S-10758

TO:

Joey “Joe” McEachern – son – whereabouts unknown-serve by publication

James McEachern – son – whereabouts unknown-serve by publication

Jewell McEachern has filed in their court a Petition to probate the Will of Joe McEachern, deceased, and prays for Letters Testamentary to be granted o said estate.

You are hereby further notified to appear on or before the 22th day of January 2020 at 11:00 AM, when said petition will be heard and to contest said petition should you see fit.

Dated this the 11th day of December 2019.

Scott W. Hassell

Judge of Probate Court

Etowah County, Alabama

Joshua B. Sullivan

Knowles & Sullivan, L.L.C.

400 Broad Street

Gadsden, AL. 35901

256-547-7200

December 13, 20, and 27, 2019

________________

NOTICE OF PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

THE ESTATE OF GRADY ABERNATHY, JR

CASE NO: S-10725

TO: MICHAEL SHANE ABERNATHY, whereabouts unknown

You are notified to be and appear before me, at my office in the Courthouse of said County at 10:00 AM, on the 4th day of February 2020, when the Petition to Probate Will and for Granting Letters Testamentary filed by Grady Abernathy, III, will be considered, and show, if anything you have to allege, why said Petition should not be granted.

Scott W. Hassell

Judge of Probate

December 20, 27, 2019 and January 3, 2020

________________

NOTICE OF SUMMONS

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

Stevie Lee Preston, Plaintiff

VS.

Jason Michael Hofman, Defendant

Case No: CV-2019-900536

TO: Jason Michael Hofman

You are hereby notified that a Complaint against you has been filed in the Circuit Court of Etowah County, Alabama in Civil Action Number CV-2019-900536-WBO.

You are hereby commanded and required to file with the Clerk of Court, and to serve upon the attorney for the Plaintiff, an answer to the Complaint within 30 days after the last publication of this notice, or default judgment will be entered against you.

Dated this the 6th day of December 2019.

Cassandra Johnson

Circuit Clerk

Jack Floyd, Esquire

Floyd Law Firm, LLC

Attorney for Petitioners

808 Chestnut Street

Gadsden, AL. 35901

256-547-6328

December 20, 27, 2019 and January 3, 2020

________________

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Fred Dempsey Construction, has completed the Contract with the City of Gadsden for construction of The Venue – UPS System. All claims should be submitted to the Director of Engineering, City of Gadsden, 90 Broad Street, Gadsden, AL 35901.

Fred Dempsey Construction, Inc.

P.O. Box 768

Centre, AL 35960

December 13, 20, 27, 2019 and

January 3, 2020

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NOTICE OF ADOPTION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In the Matter of The Adoption Petition of:

Oliver Odell Sharard Crawley

Case No:

Please take notice that a Petition for the adoption of a child born to Haley Ann Cason Crawley, biological mother has been filed with the Probate Court of Etowah County, Alabama by Oliver Odell Sharard Crawley and that the hearing is set for the 25th day of February, 2020 at 10:00 AM. The minor child’s date of birth is February 11, 2013.

Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days if the date of the last publication herein within Stewart Burns, Attorney for the Petitioner, whose address is shown below, and Scott Hassell, Probate Judge, Etowah County Courthouse, 800 Forrest Avenue, Gadsden, Alabama 35901.

Done this the 10th day of December 2019.

Stewart Burns

Attorney for Petitioner

821 Chestnut Street

Gadsden, AL. 35901

December 13, 20, 27, 2019 and January 3, 2020

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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 01/31/2020.

1995 GMC Sierra – VIN: 2GTEC1 9K7S1521280

1993 Saturn SL1 – VIN: 1G8ZH5595PZ247244

Thacker Towing

927 5th Avenue NE

Attalla, AL. 35954

256-546-9994

December 27, 2019 and January 3, 2020

________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 01/31/2020.

2014 GMC Sierra – VIN: 3GTU2VEC1EG458919

Tommy Tow’s

927 5th Avenue NE

Attalla, AL. 35954

256-490-3515

December 27, 2019 and January 3, 2020

________________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 01/31/2020.

2007 Ford Five Hundred – VIN: 1FAHP24197G111974

Hammett Towing

240 Wesson Lake Rd

Attalla, AL. 35954

256-613-8499

December 27, 2019 and January 3, 2020