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Fri, Jul 11, 2014

Legal and Public Notices for 12/15/13- Foreclosure Sales & Notices of Substitute Trustee's Sales

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NOTICE OF SUBSTITUTE TRUSTEE'S SALE TENNESSEE, RUTHERFORD COUNTY DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Victoria S. Gallagher to Mary Frances Rudy, Trustee dated August 15, 2000 in the amount of $103,920.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 21, Page 2002, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association ("Assignee"), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 2000 among AFC Trust Series 2000-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-4, and any amendments thereto by assignment; and, Bank of America, National Association as successor by merger to LaSalle Bank National Association ("Assignee"), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 2000 among AFC Trust Series 2000-4, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 2000-4, and any amendments thereto, as the current holder of said Deed of Trust (the "Holder"), has appointed as Substitute Trustee the undersigned, , any of whom may act, by instrument filed for record in the Register's Office of Rutherford County, Tennessee with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; therefore, NOTICE is hereby given that the entire amount of said indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and the undersigned as Substitute Trustee, or a duly appointed attorney or agents by virtue of the power and authority vested by the Appointment of Substitute Trustee, will on Thursday, January 9, 2014 commencing at 10:00 AM at the Ramada Murfreesboro, 1855 S. Church Street, Murfreesboro, TN 37130; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit: Being Lot No. 46, Dill Lane Subdivision, according to plat and survey of same appearing of record in Plat Book 21, Page 21, of the Registers Office of Rutherford County, Tennessee, top which plat reference is hereby made for more complete details of location and description. This conveyance is subject to any and all existing easements and restrictions as shown of record. Being the same property conveyed to the within named grantor by deed of even date, such instrument being recorded simultaneously herewith. Parcel Id No.: 103G-H-05400 Map & Parcel No.: 103G-H-05400 PROPERTY ADDRESS: 2050 Holbeach Dr, Murfreesboro, Tennessee 37130 CURRENT OWNER(S): Victoria S. Gallagher SUBORDINATE LEINHOLDERS: N/A OTHER INTERESTED PARTIES: N/A All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, however, the undersigned will sell and convey only as Substitute Trustee. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose. If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Workforce Development are listed as Interested Parties in the advertisement, then the Notice of this foreclosure is being given to them and the sale will be subject to the applicable governmental entities` right to redeem the property, as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433. 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 Deed of Trust. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale. Substitute Trustee reserves the right to adjourn the day of the sale to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above. McCurdy & Candler TN, LLC 3525 Piedmont Road NE, Six Piedmont Center, Suite 700 Atlanta, GA 30305 (404) 373-1612 www.mccurdycandler.com File No. 13-05810 /CONV Ad Run Dates: 12/15/2013, 12/22/2013, and 12/29/2013 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Ad # 64567

 


 

 

NOTICE OF SUBSTITUTE TRUSTEE'S SALE WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated July 22, 2010, executed by AUDRA H. TRUE AND CHRISTOPHER M. TRUE, conveying certain real property therein described to FIDELITY NATIONAL TITLE, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded July 30, 2010, in Deed Book 1005, Page 3143-3152 (see also the Subordination Agreement at Record Book 1007, Page 1099); and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Nationstar Mortgage LLC who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of Rutherford County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on January 9, 2014 at 10:00 AM at the Ramada Murfreesboro, 1855 S. Church Street, Murfreesboro, TN 37130, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: A CERTAIN TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING LOT NO. 16, OF CHANEYWOODS, SECTION TWO OF RECORD IN PLAT BOOK 19, PAGE 15, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TN, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO CHRISTOPHER M. TRUE AND AUDRA H. TRUE, HUSBAND AND WIFE BY A DEED FROM JOHN M. HAMMOND AND LYNNE B. HAMMOND, HUSBAND AND WIFE, DATED MARCH 12, 2001 AND RECORDED MARCH 23, 2001 IN BOOK 54, PAGE 423, RUTHERFORD COUNTY RECORDS. PARCEL ID NO.: 028A-B-035.00 Parcel ID: 028A-B-035.00 PROPERTY ADDRESS: The street address of the property is believed to be 830 CHANEY WOODS DR., LA VERGNE, TN 37086. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): AUDRA H. TRUE AND CHRISTOPHER M. TRUE OTHER INTERESTED PARTIES: MERS AS NOMINEE FOR DECISION ONE MTG CO. The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #63264: 2013-12-01  2013-12-08, 2013-12-15

 


 

 

NOTICE OF SUBSTITUTE TRUSTEE'S SALE WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated June 3, 2008, executed by ROBERT W. BART SR., AMANDA E. MYERS, TRAVIS MYERS, conveying certain real property therein described to MATT B. MURFREE, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded June 13, 2008, in Deed Book 850, Page 1783; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to Nationstar Mortgage LLC who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of Rutherford County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on January 9, 2014 at 10:00 AM at the Ramada Murfreesboro, 1855 S. Church Street, Murfreesboro, TN 37130, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: BEING LOT. 152, ON THE PLAN OF FINAL PLAT, FALL CREEK SUBDIVISION, PRD, SECTION 5, PHASE 2, AS THE SAME APPEARS OF RECORD IN PLAT BOOK 29, PAGE 199, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT SPECIFIC REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. BEING THE SAME PROPERTY CONVEYED TO AMANDA E. MYERS, MARRIED AND ROBERT W. BART, SR., MARRIED BY DEED FROM GREENVALE CONSTRUCTION LLC, A TENNESSEE LIMITED LIABILITY COMPANY, OF RECORD IN BOOK 850, PAGE 1781, SAID REGISTER`S OFFICE. PROPERTY ADDRESS: The street address of the property is believed to be 301 NIAGRA LANE, MURFREESBORO, TN 37129. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): ROBERT W. BART SR., AMANDA E. MYERS, TRAVIS MYERS OTHER INTERESTED PARTIES: Discover Bank The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #63647: 2013-12-01  2013-12-08, 2013-12-15 

 


 

 

FORECLOSURE SALE

 

Default having been made by failure to comply with the terms and conditions of a certain Deed of Trust dated April 18, 2001, executed by Daisy Halfacre, also known as Daisy LaMontagne and Wayne B. Halfacre, Joint Tenants, recorded in Record Book 62, Page 2035, Register’s Office for Rutherford County, Tennessee, and wherein the said Daisy Halfacre, also known as Daisy LaMontagne and Wayne B. Halfacre,Joint Tenants, conveyed the property therein described to William C. Ford, Trustee, to secure the indebtedness therein described, and the entire indebtedness having been declared due and payable as provided in said Deed of Trust and note, and payment not having been made as demanded; and the undersigned, Joel E. Jordan, of 3326 Aspen Grove Drive #604, Franklin, Tennessee 37067, having been appointed as Substitute Trustee in the place and stead of William C. Ford, Trustee, said appointment being set forth in the Register’s Office for Rutherford County, Tennessee, notice is hereby given that I, Joel E. Jordan, Substitute Trustee, having been requested so to do by the lawful owner of said indebtedness, will on Friday, January 3, 2014, at 12:00 Noon at the East door of the Rutherford County Courthouse, Murfreesboro, Tennessee, sell at public outcry to the highest and best bidder for cash, free from equity of redemption, homestead and dower, and all other exemptions of every kind, all of which are expressly waived in said Deed of Trust, the following described real estate in Rutherford County, Tennessee:

 

A certain tract or parcel of land in Rutherford County, State of Tennessee, described as follows:  To-Wit:

 

BEING all of LOT 1, SALEMVIEW, SECTION ONE, according to plat and survey of same appearing in instrument of record in Plat Book 11, page 365, of the Register’s Office for Rutherford County, Tennessee, to which plat and survey reference is hereby made for more complete details of location and description of said lot.

 

Being the same property conveyed to Lawrence LaMontagne and wife, Daisy LaMontagne, as tenants by the entirety, by Warranty Deed from George J. Moody and wife, Phyllis M. Moody, dated September 6, 1990 and recorded in Deed Book 450, Page 722, Register’s Office of Rutherford County, Tennessee.

 

This is improved property known as 8137 Highway 99, Rockvale, TN 37153.

 

The 2012 taxes are currently due and payable.  Said sale is subject to any and all unpaid taxes and any other prior claims, liens, easements, set back lines and restrictions.

 

THE RIGHT IS RESERVED TO ADJOURN THE DAY OF THE SALE TO ANOTHER DAY, TIME AND PLACE CERTAIN WITHOUT FURTHER PUBLICATION, UPON ANNOUNCEMENT AT THE TIME AND PLACE FOR THE SALE SET FORTH ABOVE.  THE TRUSTEE/SUBSTITUTE TRUSTEE RESERVES THE RIGHT TO RESCIND THE SALE.

 

IN THE EVENT THE HIGHEST BIDDER DOES NOT HONOR THE HIGHEST BID WITHIN 24 HOURS, THE NEXT BIDDER AT THE NEXT HIGHEST BID WILL BE DEEMED THE SUCCESSFUL BIDDER.

 

THE NOTICE OF RIGHT TO FORECLOSE HAS BEEN SENT AS REQUIRED BY T.C.A. §35-5-117.

 

JOEL E. JORDAN

 

Substitute Trustee

 

STELTEMEIER & WESTBROOK, PLLC

 

3326 Aspen Grove Drive, #604

 

Franklin, Tennessee 37067

 

Insertion Dates:  December 1, December 8 and December 15, 2013.

 

 

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