common / legals

Legals

NOTICE BY

ADMINISTRATOR

TO FILE CLAIMS

IN THE ESTATE OF

ANNIE W. HARRIS,

DECEASED

CASE NO. PC-14-035 Letters of Administration of said decedent having been granted to the undersigned on the 3rd day of April, 2014, by the Honorable Valerie Bradford Davis, Judge of the Probate Court of Clarke County, State of Alabama, Notice is hereby given that all parties having claims against the said estate must present the same within the time required by law or they will be barred.

Curtis Cecil Harris

Administrator Philip G. Perkins Attorney for Administrator 601 College Avenue Jackson, AL 36545 (251) 246-4279

12-(99)-3tc

PUBLIC NOTICE

OF INVITATION

TO BID

Notice is hereby given that the Clarke County Commission of Clarke County, Alabama shall receive and open bids for the purchase of a metal building to be used as a shelter for animals in its regular meeting dated May 12, 2014 at 9:15 a.m. The County Commission meeting will be held at the Clarke County Courthouse located at 114 Court Street, Grove Hill, Alabama.

Bidding documents may be obtained from the Clarke County Commission Office Monday through Friday between 8:00 a.m. and 5:00 p.m.

Any questions regarding this invitation to bid should be directed to County Administrator, Lois Morris at (251) 275-3507 or by email at lmorris@clarkecountyal.com.

12-(113)-3tc

MORTGAGE FORECLOSURE

SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by James W. Jones, a single man, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Peoples Bank & Trust Co., on the 11th day of August, 2010, said mortgage recorded in the Office of the Judge of Probate of Clarke County, Alabama, in Book 1371 Page 781; said mortgage having subsequently been transferred and assigned to Federal National Mortgage Association (“FNMA”); the undersigned Federal National Mortgage Association (“FNMA”), 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 Grove Hill, Clarke County, Alabama, on May 14, 2014, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Clarke County, Alabama, to-wit:

Lot No. 10 and Lot No. 11 in Idlewild Subdivision, First Addition which is recorded in Subdivision Plat Book 4, Page 17 in the Clarke County Court House, Grove Hill, Alabama.

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 TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

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

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.

Federal National Mortgage

Association (“FNMA”),

Mortgagee/Transferee Rebecca Redmond SIROTE & PERMUTT, P.C. P. O. Box 55727 Birmingham, AL 35255-5727 Attorney for Mortgagee/Transferee www.sirote.com/foreclosures 323344

12-(357)-3tc

IN THE PROBATE COURT OF

CLARKE COUNTY, ALABAMA

RE: Estate of Barbara Ann

Dalhaus,

Deceased.

CASE NO. PC-10-092

NOTICE OF A HEARING FOR

FINAL SETTLEMENT

A Petition for Final Settlement of the above referenced estate having been filed in this Court by Kathy Jones, the Executrix thereof;

A hearing on said Petition for Final Settlement has been scheduled for the 8th day of May, 2014, at 10:00 a.m. in the Probate Court of Clarke County, Alabama, in the Clarke County Courthouse in Grove Hill, Alabama.

Any and all interested parties may attend said hearing and participate in the same.

Dated this 7th day of April, 2014.

VALERIE BRADFORD DAVIS

JUDGE OF PROBATE

12-(112)-3tc MORTGAGE FORECLOSURE

SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jouan J. Jackson, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Lend America, LTD Corp., on the 5th day of October, 2009, said mortgage recorded in the Office of the Judge of Probate of Clarke County, Alabama, in Book 1360 Page 3; Loan Modificaton recorded in Book 1397, Page 307; said mortgage having subsequently been transferred and assigned to Loancare, A Division of FNF Servicing, Inc., by instrument recorded in Book 1403 Page 711, in the aforesaid Probate Office; the undersigned Loancare, A Division of FNF Servicing, Inc., 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 Grove Hill, Clarke County, Alabama, on June 11, 2014, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Clarke County, Alabama, to-wit:

The Home Lot of the George Subdivision, being a part of Block No. 36 of the Town of Jackson, Alabama plat of which is recorded in Map Book 3, Page 3 in the Office of the Judge of Probate of Clarke County, Alabama.

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 TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

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

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.

Loancare, A Division of FNF

Servicing, Inc.,

Mortgagee/Transferee Andy Saag SIROTE & PERMUTT, P.C. P. O. Box 55727 Birmingham, AL 35255-5727 Attorney for Mortgagee /Transferee www.sirote.com/foreclosures 264277

12-(392)-3tc

NOTICE BY EXECUTRIX

IN THE ESTATE OF

DAVID MICHAEL JOHNSON,

DECEASED

CASE NO. PC-14-016 Letters Testamentary of said decedent having been granted to the undersigned on the 3rd day of April, 2014, by the Honorable Valerie Bradford Davis, Judge of the Probate Court of Clarke County in the State of Alabama, Notice is hereby given that all parties having claims against the said estate must present the same within the time required by law or they will be barred.

Teresa Sue Johnson

Executrix Robert D. Keahey, Esq. Attorney for Executrix P. O. Box 934 Grove Hill, AL 36451

12-(98)-3tc

NOTICE BY PUBLICATION

Case No. CV-2013-900160

Plaintiff: JP Morgan Chase

Bank, N.A. v.

Defendant: Leo Joseph Miller

Jr.

TO: Leo Joseph Miller Jr., whose whereabouts are unknown:

You are hereby notified that the above styled cause was filed against you by JP Morgan Chase Bank, N.A. on October 16, 2013, seeking equitable relief concerning the real property located at 416 Forest Ave., Jackson, Alabama 36545 (“the Property”) in Clarke County, Alabama.

The Complaint seeks to show that Leo J. Miller is one and the same Leo Joseph Miller Jr., party to the deed recorded in Book 1287, Page 451, (the “Miller Deed”) in the Office of the Judge of Probate of Clarke County, Alabama (the “Probate Office”).

The Complaint also seeks to have the Miller Deed, the deed recorded on May 24, 2007, in Book 1311, Page 98, in the Probate Office, and the mortgage given by Alisa Walker to Mortgage Electronic Registration Systems, Inc., as nominee for International Mortgage Corp. and its successors and assigns, which was recorded on or about May 24, 2007, in Book 1312, Page 160, in the Probate Office and subsequently assigned to the Plaintiff, to be reformed with the following correct legal description:

Lot #2 in Block 26 of Strickland’s Subdivision of Block 26 in the Town of Jackson, Alabama, as per Robinson and Finch Survey, re-surveyed and mapped by J.B. McVay, County Surveyor, December 26, 1925, and recorded in Plat Book 1, Page 12-B and being located in Section 5, Township 6 North, Range 2 East.

Finally, the Complaint seeks to show that the Plaintiff maintains a secured interest in the Property and that the Mortgage is a valid first position lein against the Property, prior and superior to any existing liens and/or Judgments on the Property, and that all terms and provisions of the Mortgage are to remain in full force and effect.

You are hereby required to provide a copy of your Answer to Bank of America’s Complaint to Jahan N. Berns, Sirote & Permutt, P.C., 2311 Highland Avenue South, Birmingham, Alabama 35205 (Tel: 205-930- 5100) by May 29, 2014 or a default judgment may be entered against you.

Summer Scruggs

Circuit Clerk of Clarke County

13-(365)-4tc

NOTICE TO

FILE CLAIMS

IN THE ESTATE OF

ALICE G. QUINLEY,

DECEASED

CASE NO. PC-14-041 Letters Testamentary of said decedent having been granted to the undersigned on the 11th day of April, 2014, by the Honorable Valerie Bradford Davis, Judge of the Probate Court of Clarke County in the State of Alabama, Notice is hereby given that all parties having claims against the said estate must present the same within the time required by law or they will be barred.

Susan Quinley Raines

Executor Bruce N. Wilson Attorney for Executrix P.O. Box 99 Grove Hill, AL 36451

13-(97)-3tc

FORECLOSURE NOTICE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Anne W. Harris, an unmarried woman to Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as nominee for Lender Real Estate Mortgage Network, Inc., and Lender's successors and assigns dated February 25, 2011, and Recorded in DMM Book 1381, Page 47 of the records in the Office of the Judge of Probate, Clarke County, Alabama, which said mortgage was subsequently assigned to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP a/k/a Countrywide Home Loans Servicing, LP by instrument recorded in DMM Book 1403, page 165 of said Probate Court Records: notice is hereby given that the undersigned as mortgagee will under power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder, during legal hours of sale on the March 31, 2014, at the front door of the Courthouse of Clarke County, Alabama, 114 Court Street, Grove Hill, AL 36451, the following described real property in the County of Clarke, State of Alabama, being the same property described in the above referred to mortgage:

COMMENCE AT A FOUND AND PREVIOUSLY SET 5/8 INCH CAPPED REBAR THAT IS ON RECORD IN DB 814 ON PAGE 266 AS BEING 531.7 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 8 NORTH, RANGE 1 WEST (MORE CORRECTLY DESCRIBED AS 1 EAST); THENCE NORTH 64 DEGREES 54 MINUTES 44 SECONDS WEST A DISTANCE OF 254.88 FEET TO A SET 3/4 INCH CAPPED IRON AT THE POINT OF BEGINNING; THENCE NORTH 37 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 330.00 FEET TO A SET 3/4 INCH CAPPED IRON; THENCE SOUTH 53 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 600.00 FEET TO A SET 3/4 INCH CAPPED IRON; THENCE SOUTH 37 DEGREES 00 MINUTES 02 SECONDS EAST, A DISTANCE OF 330.00 FEET TO A 3/4 INCH CAPPED IRON; THENCE NORTH 53 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING, BEING A PART OF THE SW 1/4 OF THE SW 1/4 OF SECTION 30, TOWNSHIP 8 NORTH, RANGE 1 WEST (MORE CORRECTLY DESCRIBED AS 1 EAST), CLARKE COUNTY, ALABAMA, AND IS ACCOMPANIED WITH A 20 FOOT WIDE EASEMENT; THE CENTERLINE OF WHICH IS DESCRIBED BELOW.

ALSO

A 20 FOOT WIDE EASEMENT (10 FEET ON EITHER SIDE WITH ANGLES EXTENDING OR RETRACTING TO REACH BOUNDARY OR RIGHT OF WAY LINES) THE CENTERLINE DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERN CORNER OF THE LOT DESCRIBED ABOVE; THENCE SOUTH 37 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 117.13 FEET TO THE CENTER OF A GRAVEL DRIVE AND THE POINT OF BEGINNING; THENCE NORTH 56 DEGREES 22 MINUTES 09 SECONDS EAST, A DISTANCE OF 50.21 FEET; THENCE NORTH 50 DEGREES 26 MINUTES 09 SECONDS EAST, A DISTANCE OF 50.21 FEET; THENCE NORTH 50 DEGREES 26 MINUTES 09 SECONDS EAST, A DISTANCE OF 74.04 FEET; THENCE NORTH 49 DEGREES 25 MINUTES 08 SECONDS EAST, A DISTANCE OF 212.24 FEET MORE OR LESS TO THE SOUTHWEST RIGHT OF WAY OF ALABAMA HIGHWAY #69 AND THE TERMINUS OF EASEMENT.

EXCEPT THEREFROM THE ABOVE DESCRIPTION

SITUATED IN THE COUNTY OF CLARKE, STATE OF ALABAMA, DESCRIBED AS FOLLOWS, TO WIT:

BEGIN AT A SET IRON AND CAP THAT IS ON RECORD IN DEED BOOK 814, PAGE 266 AS BEING 531.7 FEET NORTH OF THE SE CORNER OF THE SW 1/4 OF THE SW 1/4 OF SECTION 30, T8N, R1E; THENCE N 37 DEG 30 MIN 00 SEC W, A DISTANCE OF 239.50 FEET TO A FOUND IRON PIN; THENCEN0DEG34MIN 33SECWADISTANCEOF28.89 FEET TO A FOUND IRON PIN; THENCE N 52 DEG 50 MIN 00 SECEADISTANCEOF206.50 FEET TO A FOUND IRON PIN ON THE SW MARGINS OF ALABAMA HIGHWAY #69; THENCE ALONG MARGIN N 38 DEG 5 MIN43SECWADISTANCEOF 67.99 FEET TO A SET IRON CAP UNDER A POWER LINE, THENCE LEAVING HIGHWAY AND ALONG POWER LINE S 54 DEG 20 MIN 39 SEC W, A DISTANCE OF 195.51 FEET TO A SET IRON AND CAP; THENCE LEAVING POWER LINE S 17 DEG 00 MIN 00 SEC EAST A DISTANCE OF 345.00 FEET TO A SET IRON CAP; THENCE N 59 DEG49MIN08SECNADISTANCE OF 93.88 FEET TO THE POINT OF BEGINNING, CONTAINS 0.63 ACRES MORE OR LESS AND IS A PART OF THE SOUTH 1/2 OF THE SW 1/4 OF SECTION 30, T8N, R1E IN CLARKE COUNTY, AL.

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 THE PROBATE WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD 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.

Said sale is made for the purpose of paying the said indebtedness and the expenses incident to this sale, including a reasonable attorney's fee.

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 mortgagee.

Bank of America, N.A., successor by merger to BAC Home

Loans Servicing, LP a/k/a Countrywide Home Loans Servicing, LP

Mortgagee Beth McFadden Rouse McFadden, Lyon & Rouse, L.L.C. 718 Downtowner Blvd. Mobile, AL 36609

Publish in The Clarke County Democrat: March 6, 2014, March 13, 2014 and March 20, 201

The sale provided for hereinabove which was originally scheduled March 31, 2014 was further postponed by public announcement being made at the public entrance of the Clarke County Court House, 114 Court Street, Grove Hill, AL 36451, during the legal hours of sale. Said foreclosure sale shall be held on June 3, 2014 at the public entrance of the Clarke County Court House, 114 Court Street, Grove Hill, AL 36451, during the legal hours of sale.

Publish in The Clarke County Democrat: April 24, 2014.

14-(1.056)-1tc

NOTICE OF FORECLOSURE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated November 30, 2007, executed by Kenneth W. Hamilton, a single man, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Capwest Mortgage Corporation, which mortgage was recorded on December 10, 2007, in DMM Book 1326, Page 20, of the mortgage records in the Office of the Judge of Probate of Clarke County, Alabama, which mortgage was, duly transferred and assigned to Citi- Mortgage, 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 Clarke County Courthouse at Grove Hill, Alabama, during the legal hours of sale on May 28, 2014, the following described real estate, situated in Clarke County, Alabama, to-wit:

Lots numbered 8 through 14, both inclusive, in Block A of Pecan Terrace, a subdivision of the City of Jackson, Alabama, as shown in Plat Book 1, Page 34 of said Pecan Terrace which is recorded in the Office of the Judge of Probate of Clarke County, Alabama.

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

CitiMortgage, Inc.

Transferee Robert J. Wermuth/anp Stephens Millirons, P.C. P.O. Box 307 Huntsville, Alabama 35804 Attorney for Mortgagee

The Clarke County Democrat

April 24, 2014, May 1, 2014, and May 8, 2014

14-(250)-3tc

NOTICE BY

EXECUTRIX

IN THE ESTATE OF

WAVELY G. SPEARS,

DECEASED

CASE NO. PC-14-043 Letters Testamentary of said decedent having been granted to the undersigned on the 18th day of April, 2014, by the Honorable Valerie Bradford Davis, Judge of the Probate Court of Clarke County in the State of Alabama, Notice is hereby given that all parties having claims against the said estate must present the same within the time required by law or they will be barred.

Shirley S. Chandler

Executrix Philip G. Perkins Attorney Executrix 601 College Avenue Jackson, AL 36545 (251) 246-4279

14-(96)-3tc

NOTICE BY

CO-PERSONAL

REPRESENTATIVES

IN THE ESTATE OF

BEATRICE GARRICK,

DECEASED

CASE NO. PC-14-038 Letters Testamentary of said decedent having been granted to the undersigned on the 18th day of April, 2014, by the Honorable Valerie Bradford Davis, Judge of the Probate Court of Clarke County, State of Alabama, Notice is hereby given that all parties having claims against the said estate must present the same within the time required by law or they will be barred.

Wayne Garrick

Michael Gregory

Co-Personal Representattives Robert D. Keahey Attorney for Co-Personal Representatives P.O. Box 934 Grove Hill, AL 36451

14-(97)-3tc

LEGAL NOTICE Merchants Bank will sell for cash at Public Auction on Friday, May 9, 2014, 12:00 NOON, at 1901 College Ave., Jackson, AL the following: 2006 Lincoln Zephyr VIN# 3LNHM26186R607755. Merchants Bank reserves the right to bid at such sale.

Michael Bedwell

Assistant Vice-President

14-(39)-3tc

LEGAL NOTICE

NOTICE TO DEFENDANT OF

COMPLAINT ISSUED OUT OF

THE DISTRICT OF CLARKE

COUNTY, ALABAMA, IN THE

CASE ENTITLED NO. DV-2013-

900042, Action Auto Sales vs.

Ronnie Lett.

NOTICE is hereby given in the above entitled cause on the 10th day of April, 2014, the above named Plaintiff filed in said District Court, a cause of action against the above named Defendant, for a Complaint in the amount of $7,000.88, plus the costs of this action, and attorney fees.

THAT on said 10th day of April, 2014, J. Glen Padgett, Attorney for Plaintiff, filed in the above entitled cause an affidavit stating that the Defendant, Ronnie Lett, is concealing himself so that process cannot be served upon him.

NOW THEREFORE, the said Defendant, Ronnie Lett, is hereby commanded to answer or plead by May 30, 2014, to the complaint filed in the above styled cause.

Witness my hand this 16th day of April, 2014.

ATTEST:

SUMMER SCRUGGS

JULIA “SUMMER” SCRUGGS,

CIRCUIT CLERK OF

CLARKE COUNTY, ALABAMA

POST OFFICE BOX 921

GROVE HILL, AL 36451

PHONE #251-275-3363 /s/ J. GLEN PADGETT J. Glen Padgett, Attorney for Plaintiff 16 W. Front St. N. Thomasville, AL 36784 (334) 636-9704

14-(206)-4tc

LEGAL NOTICE

NOTICE TO DEFENDANT OF

COMPLAINT ISSUED OUT OF

THE DISTRICT OF CLARKE

COUNTY, ALABAMA, IN THE

CASE ENTITLED NO. DV-2013-

900050, Action Auto Sales vs.

David Lawson.

NOTICE is hereby given in the above entitled cause on the 10th day of April, 2014, the above named Plaintiff filed in said District Court, a cause of action against the above named Defendant, for a Complaint in the amount of $4,813.00, plus the costs of this action, and attorney fees.

THAT on said 10th day of April, 2014, J. Glen Padgett, Attorney for Plaintiff, filed in the above entitled cause an affidavit stating that the Defendant, David Lawson, is concealing himself so that process cannot be served upon him.

NOW THEREFORE, the said Defendant, David Lawson, is hereby commanded to answer or plead by May 30, 2014, to the complaint filed in the above styled cause.

Witness my hand this 16th day of April, 2014.

ATTEST:

SUMMER SCRUGGS

JULIA “SUMMER” SCRUGGS,

CIRCUIT CLERK OF

CLARKE COUNTY, ALABAMA

POST OFFICE BOX 921

GROVE HILL, AL 36451

PHONE #251-275-3363 /s/ J. GLEN PADGETT J. Glen Padgett, Attorney for Plaintiff 16 W. Front St. N. Thomasville, AL 36784 (334) 636-9704

14-(206)-4tc

Return to top