Legals 4-24-19

by | May 1, 2019 11:09 am

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NOTICE OF FORECLOSURE

GEORGIA, EMANUEL COUNTY

WHEREAS, heretofore on May 11, 2018, STEVEN LUKE SHELTON and JAMI K. SHELTON

did execute and deliver to DOROTHY NELL GIENGER of the County of Emanuel, State of Georgia, a Deed to Secure Debt conveying the land described in Exhibit “A” below; and,

WHEREAS, said Deed to Secure Debt was executed to secure a Note of even date therewith in the original amount of FIFTY SEVEN THOUSAND AND NO/100 ($ 57,000.00) DOLLARS together with all other indebtedness of the Borrowers to the Lender then due or that might thereafter become due, or thereafter contracted, including any renewals thereof which was or would be evidenced by the Note or Notes from STEVEN LUKE SHELTON and JAMI  K. SHELTON, all of which is shown by said Deed to Secure Debt recorded in the Office of Clerk, Emanuel County Superior Court, in Deed Book 464 Pages 610-613; and,

WHEREAS, said Note and Deed to Secure Debt as described therein, which were due and payable in monthly installments are past due and STEVEN LUKE SHELTON and JAMI  K. SHELTON have been notified that the mortgage is in default and that the lender(s) therein have elected to accelerate payment of said Note;  and, 

WHEREAS, notice has been given to STEVEN LUKE SHELTON and JAMI  K. SHELTON as required by O.C.G.A. 44-14-162 through 44-14-163.4 (MICHIE 1982).

NOW THEREFORE, according to the terms of said Deed to Secure Debt and the laws in such cases made and provided, the undersigned will expose for sale to the highest and best bidder for cash, the property described in said Deed to Secure Debt from after proper advertisement, on the first Tuesday in May, 2019, to-wit: May 7th, 2019, between the legal hours of sale before the courthouse door in Emanuel County, Georgia.  Said sale will be subject to any outstanding ad valorem taxes, and the purchaser will be responsible for any Georgia Real Estate Transfer Tax.  Proceeds from said sale will be used first, to pay the cost and expense of said sale; second, to pay the balance on the indebtedness mentioned above due by STEVEN LUKE SHELTON and JAMI  K. SHELTON, and third, to pay the surplus, if any, to the person or persons legally entitled thereto.

This 27th day of March, 2019.

EXHIBIT “A”

TRACT ONE:  All that tract or parcel of land, together with improvements, lying and being in the 53rd G.M. District of Emanuel County, Georgia, containing 2.710 acres, more or less, and bounded and described as follows: On the North by lands now or formerly of Mitzi Lane; on the East by lands now or formerly of Mitzi Lane; on the South by lands of Billy E. Hall; and on the West by lands now or formerly of Alton Johnson and lands of Tony L. and Madelyne J. Newman. Said lands being further described on a plat of survey by Walter K. Maupin, Jr., Surveyor, dated May 19, 1997, and recorded in Plat Book 17, Page 670, Emanuel County Clerk’s Records. Said plat is by express reference incorporated herein for a more full, complete and accurate description of said property.

TOGETHER WITH One 1997 Horton 27’ X 56’ Mobile Home, Serial #H135105GLR.

TRACT TWO:  All that tract or parcel of land together with improvements, lying and being in the 53rd G. M. District of Emanuel County, Georgia, containing 0.27 acres, as shown on a plat of survey prepared by George William Donaldson, Surveyor, dated February 25, 2015, which is recorded in Plat Book 22, Page 592, of the Records of the Clerk of Superior Court and incorporated herein for a more full, complete and accurate description of said property. Said property being bounded as shown on said plat, now or formerly, as follows:  On the North by lands of Dorothy Nell Gienger; on the East by Mitzi Lane; on the South by David W. Hall; and on the West by lands, now or formerly, of Alton Johnson.

DOROTHY NELL GIENGER,

As Attorney-in-Fact for

STEVEN LUKE SHELTON and JAMI K. SHELTON

SHEPHERD, GARY & McWHORTER, LLC

Attorneys at Law

Swainsboro, Georgia 30401

P.O. Drawer 99

(478) 237-7551

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NOTICE OF FORECLOSURE

GEORGIA, EMANUEL COUNTY

WHEREAS, heretofore on December 5th, 2014, DMSJ MANAGEMENT COMPANY, LLC

Did execute and deliver to CASSANDRA E. KEMP of the County of Emanuel, State of

Georgia, a Deed to Secure Debt conveying the land described in Exhibit “A” below; and,

WHEREAS, said Deed to Secure Debt was executed to secure a Note of even date therewith in the original amount of FIFTEEN THOUSAND AND NO/100 ($15,000.00) DOLLARS together with all other indebtedness of the Borrower to the Lender then due or that might thereafter become due, or thereafter contracted, including any renewals thereof which was or would be evidenced by the Note or Notes from DMSJ MANAGEMENT COMPANY, LLC, all of which is shown by said Deed to Secure Debt recorded in the Office of Clerk, Emanuel County Superior Court, in Deed Book 409, Page 111; and,

WHEREAS, said Note and Deed to Secure Debt as described therein, which were due and

payable in monthly installments are past due and DMSJ MANAGEMENT COMPANY, LLC has been notified that the mortgage is in default and that the lender(s) therein have elected to accelerate payment of said

Note; and, 

WHEREAS, notice has been given to DMSJ MANAGEMENT COMPANY, LLC as required by

O.C.G.A. 44-14-162 through 44-14-163.4 (MICHIE 1982).

NOW THEREFORE, according to the terms of said Deed to Secure Debt and the laws in such cases made and provided, the undersigned will expose for sale to the highest and best bidder for cash, the property described in said Deed to Secure Debt from after proper advertisement, on the first Tuesday in May, 2019, to-wit: May 7th, 2019, between the legal hours of sale before the courthouse door in Emanuel County, Georgia.  Said sale will be subject to any outstanding ad valorem taxes, and the purchaser will be responsible for any Georgia Real Estate Transfer Tax.  Proceeds from said sale will be used first, to pay the cost and expense of said sale; second, to pay the balance on the indebtedness mentioned above due by DMSJ MANAGEMENT COMPANY, LLC and third, to pay the surplus, if any, to the person or persons legally entitled thereto.

This 27th day of March, 2019.

CASSANDRA E. KEMP, As Attorney-in-Fact for

DMSJ MANAGEMENT COMPANY, LLC

SHEPHERD, GARY & McWHORTER, LLC

Attorneys at Law

Swainsboro, Georgia  30401

P.O. Drawer 99

(478) 237-7551

EXHIBIT “A”

All that tract or parcel of land, lying, situate and being in the City of Swainsboro, 53rd G. M. District of Emanuel County, Georgia, designated as Lot #1, of the First Addition of Robin Road Subdivision, fronting a distance of 100 feet on the Southeastern side of Robin Road as shown on a plat of survey dated August 20, 1957, made by Frank J. Ford, Surveyor, which is recorded in the Office of Clerk, Emanuel Superior Court in Plat Book 1, Page 344, to which reference is made as a part of this description, Said property is bounded now or formerly as follows:  Northwest by Robin Road; Northeast by lands of Alecia Ann Cuyler; Southeast by Wren Street and Southwest by lands of Robert Marion.

Said property is the same as Tract 1 conveyed by a Warranty Deed dated August 28, 2001 from Daisy S. Tomas to Cassandra E. Kemp which is recorded in the Office of the Clerk, Emanuel Superior Court, in Deed Book 165, Pages 603-605.

Emanuel County Tax Map # S33 027.

Subject to:  Existing easements for public utilities and rights of way.

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NOTICE OF SALE UNDER POWER

GEORGIA, EMANUEL COUNTY

By virtue of a Power of Sale contained in that certain Security Deed from MICHAEL W. CARTER, PATRICIA ANN CARTER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SECURITY ONE LENDING, dated December 12, 2012, recorded January 7, 2013, in Deed Book 379, Page 110 , Emanuel County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Seventy-Five Thousand and 00/100 dollars ($75,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Reverse Mortgage Solutions, Inc., there will be sold at public outcry to the highest bidder for cash at the Emanuel County Courthouse, within the legal hours of sale on the first Tuesday in May, 2019, all property described in said Security Deed including but not limited to the following described property:

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF GEORGIA, COUNTY OF EMANUEL, AND IS DESCRIBED AS FOLLOWS:

ALL THAT LOT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE CITY OF SWAINSBORO, 53RD G.M. DISTRICT OF EMANUEL COUNTY, GEORGIA, AND BEING LOT 12, BLOCK L OF EASTWOOD ESTATES, AS SHOWN ON A PLAT PREPARED BY WALTER K. MAUPIN, SURVEYOR, DATED FEBRUARY 24,1971, AND RECORDED IN PLAT BOOK 7, PAGE 67, EMANUEL COUNTY CLERK`S RECORDS. SAID PLAT IS HEREBY INCORPORATED HEREIN FOR A MORE FULL, COMPLETE AND ACCURATE DESCRIPTION HEREOF. SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A CONCRETE MARKER WHICH IS LOCATED NORTH 70 DEGREES 59 MINUTES WEST A DISTANCE OF 100 FEET FROM THE NORTHWEST CORNER OF THE INTERSECTION OF TURNER DRIE AND HOWARTH DRIVE;THENCE NORTH 19 DEGREES 01 MINUTES EAST A DISTANCE OF 150 FEET TO A CONCRETE MARKER; THENCE TURNING AND RUNNING SOUTH 70 DEGREES 59 MINUTES EAST A DISTANCE OF 100 FEET TO A CONCRETE MARKER; THENCE TURNING AND RUNNING SOUTH 19 DEGREES 01 MINUTES WEST A DISTANCE OF 150 FEET ALONG THE NORTHWESTERN ESGE OF TURNER DRIVE; THENCE TURNING AND RUNNING NORTH 70 DEGREES 59 MINUTES WEST A DISTANCE OF 100 FEET ALONG THE NORTHERN EDGE OF HOWARTH DRIVE TO THE POINT OF BEGINNING.

Said legal description being controlling, however the property is more commonly known as 483 HOWARTH DRIVE, SWAINSBORO, GA 30401.

The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note.  The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note.

Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned.  The sale will also be subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed.

To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is MICHAEL W. CARTER, PATRICIA ANN CARTER, ESTATE AND/OR HEIRS AT LAW OF MICHAEL W. AND PATRICIA ANN CARTER, or tenants(s). 

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

Please note that, pursuant to O.C.G.A. § 44-14-162.2, you are not entitled by law to an amendment or modification of the terms of your loan.  The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Reverse Mortgage Solutions, Inc., Loss Mitigation Dept., 14405 Walters Road, Suite 200, Houston, TX 77014, Telephone Number: 866-503-5559.

REVERSE MORTGAGE SOLUTIONS, INC.

as Attorney in Fact for

MICHAEL W. CARTER, PATRICIA ANN CARTER

THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW.  IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Attorney Contact: Rubin Lublin, LLC, 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071

Telephone Number: (877) 813-0992 Case No. RMU-19-01208-1

rubinlublin.com/property-listing

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NOTICE TO DEBTORS AND CREDITORS

STATE OF GEORGIA COUNTY OF EMANUEL

All creditors of the estate of Joan B. Hutcheson, deceased, late of Emanuel County, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to male immediate payment to me.

This 4th day of April, 2019.

Bridgett Clifton, Administratrix

of the Estate of Joan Hutcheson, deceased

758 Blaxton Road

Vidalia, GA 30474

File No. 24641

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NOTICE TO DEBTORS AND CREDITORS GEORGIA, EMANUEL COUNTY

All creditors of the estate of Nettie Marie Drew, decedent, late of Emanuel County, are hereby notified to render in their demands to Jerry N. Cadle, P.C., P.O. Box 68, Swainsboro, GA 30401 according to law, and all persons indebted to said estate are required to make immediate payment.

This 9th day of April, 2019.

Robert Dewitt Thackston, Executor of the

Estate of  Nettie Marie Drew, decedent

Jerry N. Cadle, P.C.

P.O. Box 68

Swainsboro, GA 30401

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IN THE JUVENILOE COURT OF EMANUEL COUNTY STATE OF GEORGIA

IN THE INTEREST OF:

J.P.  SEX:M  DOB: 8/30/10                       CASE#19JV05

J.P.  SEX:M  DOB: 3/20/12

J.P.  SEX:F   DOB: 8/19/13

J.T.  SEX:M  DOB: 9/25/14

MINOR CHILDREN.

NOTICE OF SUMMONS

TO: ISIDRO TAPIA, JUAN PEREZ OR ANY UNKNOWN BIOLOGICAL FATHER

You are hereby notified that the above-styled action brought by the EMANUEL County Department of Family and Children Services, and the Georgia Department of Human Services, seeking temporary legal custody of your above-referenced male child with the Department has been filed in the Juvenile Court of Emanuel County, Georgia; and that by reason of an Order of the Juvenile Court of Service of Summons by Publication entered by the court on the 16 day of January, 2019, you are hereby notified that you may obtain a copy of the petition from the Clerk of said Court, and serve upon Marnique Oliver, Petitioner’s Attorney, whose address is 115 S. Racetrack Street, Swainsboro, Georgia, 30401, an answer to the petition at any time prior to the Final Hearing.

You are hereby notified that a Final Hearing with regard to the above-styled action will come before the Court on July 11, 2019 at 10:00 a.m. In the Juvenile Courtroom at the EMANUEL County Courthouse, SWAINSBORO, Georgia. Prior to the Final Hearing a Provisional Hearing on the petition was held before the Court on January 10, 2019.

You are further notified that the court may enter an order directing you to pay child support for the benefit of the above-referenced child.

The Findings of Fact and Order of Disposition made at the Provisional Hearing will become final at the Final Hearing unless the party served by publication appears at the Final Hearing. If the party served by  publication fails to appear at the Final Hearing on the petition , the Findings of Fact and Interlocutory Orders made will become final without further evidence and will be governed by the  Juvenile Court of Code as if made at the Final Hearing. If the party served by publication appears at the Final Hearing, the Interlocutory findings and Orders shall be vacated and disregarded, and the hearing shall proceed upon the allegations of the motion.

The parties notified hereby are entitled to legal counsel in the proceedings, and the Court will appoint legal counsel if any party should be unable, without indue hardship, to employ counsel.

WITNESS, the Honorable Sherri McDonald, Judge of said Juvenile Court.

This 10 day of April, 2019.

Courtney Rowland

Clerk, EMANUEL County Juvenile Court

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Notice to Debtors and Creditors

STATE OF GEORGIA COUNTY OF EMANUEL

IN RE: ESTATE OF STEPHEN CHARLES TAYLOR, SR., DECEASED.

All creditors of the estate of Stephen Charles Taylor, Sr., deceased, late of Emanuel County, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.

This 17th day of April, 2019.

Don E. Wilkes

PROBATE JUDGE

Post Office Box 70

ADDRESS

Swainsboro, Georgia 30401

478-237-7091

TELEPHONE NUMBER


Betty H. Taylor

Executor of the Estate of

Stephen Charles Taylor, Sr., Deceased
c/o Justin D. Franklin

CarterFranklin, LLP

P.O. Box 27

Metter, GA  30439

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CITATION

PROBATE COURT OF EMANUEL COUNTY

RE:  ESTATE OF KATIE LUCILLE RHENEY, (FORMER) WARD.

Date of Publication, if any: April 24, 2019

TO WHOM IT MAY CONCERN AND:  JIMMY BELL and CHAD BELL:

The conservator of the above estate, has/have applied for Discharge from said trust.  This is to notify the above interested parties to show cause, if any they can, why said conservator should not be discharged from office and liability.  All objections must be in writing, setting forth the grounds of any such objections, and filed with the above Probate Court, (address)125 S. Main Street Swainsboro, Ga. 30401 on or before May 24, 2019, said date being more than 30 days from the date of publication, or if personally served, then 10 days from the date of such service.  All pleadings must be signed before a notary public or probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number for the required amount of filing fees.

If any objections are filed, a hearing will be scheduled for a later date.  If no objections are filed, the petition may be granted without a hearing.

DON E. WILKES

PROBATE JUDGE

By: Jeanie Hooks

PROBATE CLERK/DEPUTY CLERK

125 S. Main Street / P.O.Box 70

ADDRESS

Swainsboro, Ga. 30401

478-237-7091

TELEPHONE

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