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Notice of Substitute Trustee's Sale, Notice of Foreclosure Sale for 2/24/13

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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 May 20, 2005, executed by WANDA BURCHETT, JONATHAN NEICE, conveying certain real property therein described to LARRY A. WEISSMAN, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded June 1, 2005, in Deed Book 504, Page 1884-1892; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to SunTrust Mortgage, Inc 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 March 21, 2013 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , located in Murfreesboro, Tennessee, 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 LOCATED IN RUTHERFORD COUNTY, TENNESSEE, DESCRIBED AS FOLLOWS TO-WIT: LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING ALL OF LOT NO. 42, SECTION I, BROOKHILL, OF RECORD IN PLAT BOOK 8, PAGE 61, REGISTER`S OFFICE FOR SAID COUNTY, TO WHICH REFREENCE IS MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO JONATHAN NEICE, SINGLE AND WANDA D. BURCHETT, MARRIED, AS TENANT WITH RIGHT OF SURVIVORSHIP BY WARRANTY DEED DATED MAY 29, 2005, RECORDED 6/1/05, IN BOOK 504, PAGE 1882, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. THIS CONVEYANCE IS SUBJECT TO RESTRICTIVE COVENTANTS OF RECORD IN DEED BOOK 305, PAGE 765, REGISTER`S OFFICE FOR SAID COUNTY. THIS CONVEYANCE IS MADE SUBJECT TO ANY AND ALL ZONING REGULATIONS, BUILDING RESTRICTIONS, SETBACK LINES, IF ANY, EASEMENTS AND RIGHTS FOR PUBLIC UTILITIES APPLICABLE TO THIS PROPERTY. TAXES FOR THE CURRENT YEAR HAVE BEEN PRORATED AND ARE ASSUMED BY THE GRANTEE(S) HEREIN. Parcel ID: 114C-B-011.00 PROPERTY ADDRESS: The street address of the property is believed to be 2443 PADDOCK DRIVE, MURFREESBORO, TN 37128. 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): WANDA BURCHETT, JONATHAN NEICE OTHER INTERESTED PARTIES: CAVALRY PORTFOLIO SERVICES, LLC ASSIGNEE OF CITIFINANCIAL 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 3740 Davinci Court, Suite 150 Peachtree Corners, GA 30092 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #45391: 2013-02-17  2013-02-24, 2013-03-03 

 

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 Christy Haynes to Greg A. Ziskind, Trustee dated December 13, 2007 in the amount of $94,254.00, and recorded in the Register's Office of Rutherford County, Tennessee in Deed Book 807, Page 3053-3063, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to JPMorgan Chase Bank, National Association by assignment; and, JPMorgan Chase Bank, National Association, 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, March 28, 2013 commencing at 12:00 PM at the east door of the Rutherford County Courthouse, Murfreesboro, Tennessee; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit: Land in Rutherford County, Tennessee, being Lot No. 1058, The Cottages of Lake Forest, Phase One, as shown on plat of record in Plat Book 26, Page 115, in the Registers Office, Rutherford County, Tennessee, to which plat reference is hereby made for a more particular description of said property. Being the same property conveyed to Christy Lynn Haynes, an unmarried woman, by Warranty Deed recorded at Book 807, Page 3051 or Instrument Number ____, said Registers Office. Parcel ID No.: 14JC1 Map & Parcel No.: 14JC1 PROPERTY ADDRESS: 4007 Cody Drive, La Vergne, Tennessee 37086 CURRENT OWNER(S): Christy Lynn Haynes SUBORDINATE LEINHOLDERS: Cottages of Lake Forest HOA 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. MCC TN, LCC 3525 Piedmont Road NE, Six Piedmont Center, Suite 700 Atlanta, GA 30305 (404) 373-1612 www.mccurdycandler.com File No. 13-00331 /FHA Ad Run Dates: 2/17/2013, 2/24/2013, and 3/3/2013 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 # 44437

 

FORECLOSURE SALE NOTICE

 

WHEREAS, Wesley Counts, by a Deed of Trust, dated July 31, 2007, of record in Record Book 772, Page 2805, Register’s Office for Rutherford County, Tennessee, conveyed to Randall Clemons, Trustee, the hereinafter described real property to secure payment of a promissory note as described in said Deed of Trust; and 

The lender has complied with TCA 35-5-117 by mailing debtor Notice of Right to Foreclose.

WHEREAS, Robert Evans Lee having been appointed Substitute Trustee by Wilson Bank & Trust, the owner and holder of said note by an instrument of record in Record Book 1167, Page 1509, Register’s Office for Rutherford County, Tennessee, with authority to act alone with the powers given the Trustee; and

WHEREAS, default having occurred with respect to the note secured by the Deed of Trust, and the full

balance owing having been accelerated; and

WHEREAS, Wilson Bank & Trust, as the owner and holder of said note, has demanded that the real

property covered by the Deed of Trust be advertised and sold in satisfaction of said debt and the cost of the foreclosure, in accordance with the terms and

provisions of said note and Deed of Trust;

NOW, THEREFORE, notice is hereby given that I, Robert Evans Lee, Substitute Trustee, pursuant to the power, duty and authority vested in and imposed upon me in said Deed of Trust, will on March 8, 2013 at 11:00 AM., Central Time, at the front door of the

Courthouse in Murfreesboro, Rutherford County,

Tennessee, offer for sale to the highest and best bidder for cash and free from all rights and equity of redemption, statutory or otherwise, homestead, dower and all other rights and exemptions of every kind as provided in said Deed of Trust, certain real property situated in Rutherford County, Tennessee, described as follows:

MAP 090-P  GROUP K  PARCEL 010.00

Land in Rutherford County, Tennessee, being all of Lot No. 17 and part of Lot 15, on the Plan of Bilbro Addition Annex, to the City of

Murfreesboro, as shown by plat appearing of record in Deed Book 68, Page 278 and 279, of the Register’s Office of Rutherford County,

Tennessee, to which plat reference is hereby made for more complete details of said lot.

Being the same property conveyed to Wes Counts, unmarried, by Warranty Deed dated June 22, 2006 of record in Record Book 638, Page 1611, Register’s Office for Rutherford County, Tennessee.

Subject property has the address of 214 First Avenue, Murfreesboro, TN 37130

The right is reserved to adjourn the day of sale to

another day and time certain, without further

publication and in accordance with law, upon

announcement of said adjournment on the day and time and place of sale set forth above, and/or to sell to the second highest bidder in the event the highest

bidder does not comply with the terms of the sale.

Substitute Trustee will make no covenant of seisin or warranty of title, express or implied, and will sell and convey the subject real property by Successor Trustee’s Deed, as Substitute Trustee only.

THIS sale is subject to all matters shown on any

applicable recorded Plat or Plan; any unpaid taxes which exist as a lien against said property, including without limitation city and county property taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption not otherwise waived in the Deed of Trust, including rights of redemption of any governmental agency, state or federal; and any prior liens or encumbrances that may exist against the property.  This sale is also subject to any matter that an accurate survey of the premises might disclose.

INTERESTED PARTIES are Rutherford County Property Tax Division and City of Murfreesboro Property Tax

Division.

THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE.

 

THIS 1st day of February, 2012

                                       

Run: February 10, 2013, February 17, 2013, February 24, 2013                                               

Robert Evans Lee, Substitute Trustee

Lee & Lee Attorneys at Law, P.C.

109 East Gay Street

Lebanon, TN  37087

615-444-3900

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