Cleveland Daily Banner - legal publication substitute trustees sale:
Legal terminology in the area of real estate provides a clear path to defining ownership, probably the most important aspect of real estate. Ownership of property ...
we received a letter in the mail stating a substitute trustee was done. i understand the trustee is not the same as the original. why did this occur?
Re: What Does Substitute Trustee Letter Mean??
Deeds of trust, at the time they are recorded, identify the trustor (borrower), the beneficiary (lender), and the trustee. The trustee is usually a corporation, and holds what has been characterized as "bare legal title" to the property. The trustee has only two jobs. The first is to execute a deed of reconveyance when the loan is paid off. This document releases the trustee's "bare legal title" to the property, conveying that interest to the property owner. The second job is when requested by the lender, to handle a non-judicial foreclosure of the property.
Trustees come and go (typically out of business). Lenders contract with foreclosure companies to handle their foreclosure. The lender replaces the existing trustee with the foreclosure company it hires to handle the foreclosure. The foreclosure company becomes the "substitute trustee" as the result of their designation in a "substitution of trustee" form that is signed by the lender, naming the foreclosure company as the "substitute trustee" once that form has been recorded.
NOTICE OF SUBSTITUTE TRUSTEE'S SALE
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 9, 2006, executed by WINDY L. JONES AND RICHARD C. JONES, WIFE AND HUSBAND, AS JOINT TENANTS, WITH RIGHTS OF SURVIVORSHIP, conveying certain real property therein described to RAYMOND E. LACY as same appears of record in the Register's Office of Hamilton County, on June 23, 2006, as Instrument No. 2006062300071, in Book GI 7987, at Page 236; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC4, who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose ("Notice") was given in compliance with Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee's Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register's Office of Hamilton County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on June 25, 2012, 2:00 PM at the Hamilton County courthouse door where the foreclosure sales are customarily held On the front steps of the West Side Entrance of the Hamilton County Courthouse, 615 Walnut St., Chattanooga, TN, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Hamilton County, Tennessee, to wit: BEING LOT NOS. 15 AND 16, BLOCK 101, EAST END LAND COMPANY'S ADDITION NO. 1, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 2, PAGE 22, IN THE REGISTER'S OFFICE OF HAMILTON COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. PARCEL # 168B H 025 PROPERTY ADDRESS: The street address of the property is believed to be 3609 7TH AVENUE, CHATTANOOGA, TN 37407. 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): WINDY L. JONES and RICHARD C. JONESOTHER INTERESTED PARTIES: 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. RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee2380 Performance Dr,TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 T
Added: 06/03/2012 / Ad Number: 1022788
TRUSTEE'S NOTICE OF SALE OF REAL ESTATE AND AFFIXED MANUFACTURED HOME ANTHONY R. STEELE, Trustee of a Deed of Trust executed on March 7, 2006, by CURTIS GLEN WHITTEMORE which appears of record in the Register's Office of Washington County, Tennessee, at Roll 491, Image 502 ("Deed of Trust") will sell for cash at a foreclosure sale requested by the current holder of the Deed of Trust and underlying indebtedness, Vanderbilt Mortgage and Finance, Inc., the property described below. Pursuant to §T.C.A. 47-9-604 this sale shall also include the affixed manufactured home described as one (1) 2001 Champion Manufactured Home bearing Serial Number 480159502765. Sale Date and Location: June 29, 2012, at 10:00 a.m. at the front door of the Courthouse in Jonesborough, Washington County, Tennessee. Property Description: Abbreviated description per TCA 35-5-104(a)(2) is the property referenced and described fully at Roll 387, Image 138 and commonly known as Tract No. 1 and Tract No. 2. Property Address: 556 Charlie Hicks Road, Jonesborough, Washington County, Tennessee Tax Map Identification No.: 077-108.01 (However, the property description shall control in the event of any inconsistencies between the description and address or tax identification number). TCA 35-5-117 Compliance: A Notice of Right to Foreclose letter was transmitted by Vanderbilt Mortgage and Finance, Inc. on February 14, 2012. Parties Interested: Laughlin Memorial Hospital, Inc., c/o James R. Mercer, Esq. (Roll 607, Image 1782) and Johnson City Medical Center c/o Frank D. Gibson, Esq. (Roll 678, Image 1869) All sales of Property, both real and personal, are "AS IS" and "WHERE IS" without representation or warranty as to merchantability or fitness for a particular purpose or of any kind, except as to title and authority to convey. The sale of the described property is subject to all matters shown on any recorded plan; any unpaid taxes, any restrictive covenants, easements, set-back lines, prior liens, encumbrances, if any, and any other priority as may appear in the public records. Title to the manufactured home may be transferred by Bill of Sale or Certificate of Title, as the case may require. The right is preserved 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 PURPOSE OF THIS COMMUNICATION IS TO COLLECT THE DEBT AND ANY INFORMATION OBTAINED AS A RESULT WILL BE USED FOR THAT EXPRESS PURPOSE ONLY. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. This the 1st day of June, 2012. _____________________ Anthony R. Steele, Trustee Winchester, Sellers, Foster & Steele, P.C. P. O. Box 2428 Knoxville, TN 37901 (865) 637-1980 Publication Dates: June 6, 13 and 20, 2012. 1022788
Added: 06/09/2012 / Ad Number: 945914
ATTENTION: LEGAL ADVERTISERS Please E-mail your legal ad copy to: legals@johnsoncitypress.com
LEGAL PUBLICATION SUBSTITUTE TRUSTEE'S SALE WHEREAS |
LEGAL PUBLICATION SUBSTITUTE TRUSTEE'S SALE WHEREAS, default having been made in the payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on June 8, 2007, by Timothy K. Fletcher and Tonya D. Fletcher to George N. McCoin, Trustee, as same appears of record in the Register's Office of Bradley County, Tennessee, under BOOK NUMBER 1756, Page 387, ("Deed of Trust"); and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to CENLAR FSB; and WHEREAS, CENLAR FSB, the holder of said Deed of Trust, (the "Holder"), appointed the undersigned, Nationwide Trustee Services, Inc., as Substitute Trustee by instrument filed for record in the Register's Office of Bradley County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and WHEREAS, pursuant to Tenn. Code Ann. § 35-5-117 (i), not less than sixty (60) days prior to the first publication required by § 35-5-101, the notice of the right to foreclose was properly sent, if so required; and NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and that the undersigned, Nationwide Trustee Services, Inc., Substitute Trustee, or its duly appointed attorneys or agents, by virtue of the power and authority vested in it, will on Thursday, April 26, 2012, commencing at 11:00 AM at the Main entrance on Ocoee St. of the Bradley County Courthouse, Cleveland, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Bradley County, Tennessee, to wit: Located in the First Civil District of Bradley County, Tennessee, to-wit: A tract more particularly described as BEGINNING in the Northwesterly line of Lot No. 195 Royal Oaks Subdivision, Section V (Plat Book 4, page 92), at a point where said line of said Subdivision is intersected by the Northeasterly line of Fleetwood Drive; run thence along the Northwesterly line of Lot No. 195, North 85 deg. 45 min. East, 120 feet; run thence North 18 deg. 34 min. East, 324.64 feet; thence North 31 deg. 30 min. East, 64.78 feet; thence North 37 deg. 17 min. 9 sec. West, 339.51 feet; thence South 08 deg. 51 min. 15 sec. West, 656.76 feet to a point in the Northwesterly line of Fleetwood Drive, run thence along said side of said Drive, North 82 deg. 05 min. East, 50.36 feet to the point of beginning. FOR PRIOR TITLE see warranty deed from Earl Reed and wife, Peggy Reed to Timothy K. Fletcher as recorded October 9, 1987 in Deed Book 308, page 931, Register's Office of Bradley County, Tennessee. SEE ALSO deed to create estate by entireties from Timothy K. Fletcher to Tonya D. Fletcher as recorded in Deed Book 317, page 533, Register's Office of Bradley County, Tennessee. Subject to any applicable governmental zoning ordinances or subdivision regulations in effect thereon. Subject to restrictions as recorded in Misc. Book 103, page 432, in the Register's Office of Bradley, Tennessee. PROPERTY ADDRESS: 162 Fleetwood Drive Northeast, Cleveland, TN 37323 CURRENT OWNER(S): Timothy K. Fletcher and Tonya D. Fletcher The sale of the above-described property shall be subject to all matters shown on any recorded plan; 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 any matter that an accurate survey of the premises might disclose. SUBORDINATE LIENHOLDERS: 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, but the undersigned will sell and convey only as Substitute Trustee. 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Nationwide Trustee Services, Inc., Substitute Trustee c/o AMP1 Nationwide Trustee Services, Inc. 1587 Northeast Expressway Atlanta, GA 30329 (404) 417-4040 File No.: 559.1200382TN Web Site: www.jflegal.com April 3, 10, 17, 2012 |
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LEGAL PUBLICATION SUBSTITUTE TRUSTEE'S SALE |
LEGAL PUBLICATION SUBSTITUTE TRUSTEE'S SALE Sale at public auction will be on April 26, 2012 at 12:00 PM local time, at the east door, Bradley County Courthouse, Cleveland, Tennessee pursuant to Deed of Trust executed by Chadwick A. Buckner and wife, Kristy Carroll Buckner, to George N. McCoin, Trustee, on February 28, 2006 at Book 1621, Page 562; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Bradley County Register's Office. Holder: PNC Bank, National Association The following real estate located in Bradley County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in the Second Civil District of Bradley County, Tennessee, to wit: Lot Five (5), Lakeridge Subdivision, as shown by plat recorded in Plat Book 14, page 73, Register's Office of Bradley County, Tennessee. Street Address: 3110 Old Freewill Road (per Deed of Trust), 3110 Old Freewill Road Northwest (per Assessor), Cleveland, Tennessee 37312 Parcel Number: 032 037.05 Current Owner(s) of Property: Chadwick A. Buckner and wife, Kristy Carroll Buckner Other interested parties: The Bank/First Citizens Bank and United Community Bank The street address of the above described property is believed to be 3110 Old Freewill Road (per Deed of Trust), 3110 Old Freewill Road Northwest (per Assessor), Cleveland, Tennessee 37312, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead 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 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. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 11-021977 April 3, 10, 17, 2012 |
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LEGAL PUBLICATION SUBSTITUTE TRUSTEE'S SALE |
LEGAL PUBLICATION SUBSTITUTE TRUSTEE'S SALE Sale at public auction will be on July 10, 2012 at 12:00PM local time, at the east door, Bradley County Courthouse, Cleveland, Tennessee pursuant to Deed of Trust executed by Melody Ramey, a single woman, to Andrew C. Rambo, Trustee, on July 30, 2010 at Book 1987, Page 563; conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Bradley County Register's Office. Owner of Debt: JPMorgan Chase Bank, National Association The following real estate located in Bradley County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record: Described property located in Bradley County, Tennessee, to wit: Lot Thirty-four (34), Shady Hollow, Section Three, as shown by plat of record in Plat Book 14, Page 3, in the Register's Office of Bradley County, Tennessee. Street Address: 270 Shady Hollow Circle Southeast, Cleveland, Tennessee 37323 Parcel Number: 067G B 037.00 Current Owner(s) of Property: Heirs of Melody L. Ramey The street address of the above described property is believed to be 270 Shady Hollow Circle Southeast, Cleveland, Tennessee 37323, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION. If applicable, the notice requirements of T.C.A. 35-5-117 have been met. All right of equity of redemption, statutory and otherwise, and homestead 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 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. If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time. This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose. Shapiro & Kirsch, LLP Substitute Trustee www.kirschattorneys.com Law Office of Shapiro & Kirsch, LLP 555 Perkins Road Extended, Second Floor Memphis, TN 38117 Phone (901)767-5566 Fax (901)761-5690 File No. 12-033009 June 19, 26, July 3, 2012 |
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