NOTICE OF SERVICE BY PROCESS BY PUBLICATION IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. 24 CvD 170 NORTH CAROLINA ANSON COUNTY
Anson County, A Body Politic and Corporate vs. Unknown Heirs at Law of Catherine Springs, a/k/a Cathelene Springs-Cathey, a/k/a Katherine Springs-Cathey, a/k/a Catherine Spings, Unknown Heirs at Law of Muretta Byrd, a/k/a Musether Parson Byrd, Unknown Heirs at Law of Shirley Mae Sturdivant, a/k/a Shelby Mae Sturdivant, Unknown Heirs at Law of Ray Layman Byrd, Jr., Lillian Ann Byrd, Carolyn Byrd, Barbara Seegars, a/k/a Barbara S. Seegars
TO: Unknown Heirs at Law of Catherine Springs, a/k/a Cathelene Springs-Cathey, a/k/a Katherine Springs-Cathey, a/k/a Catherine Spings, Unknown Heirs at Law of Muretta Byrd, a/k/a Musether Parson Byrd, Unknown Heirs at Law of Shirley Mae Sturdivant, a/k/a Shelby Mae Sturdivant, Unknown Heirs at Law of Ray Layman Byrd, Jr., Lillian Ann Byrd, Carolyn Byrd, Barbara Seegars, a/k/a Barbara S. Seegars
Take notice that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: Foreclosure sale to satisfy unpaid property taxes owing to Anson County on your interest in the property described as follows:
BEING that portion of Lot 5 in Block “F”, of Harlem Heights of Wadesboro, as per plat thereof recorded in Plat Book 4, Page 17, Anson County Registry, which was bequeathed to devisees Catherine Spring (a/k/a Catherine Springs), Muretta Byrd (a/k/a Musether Byrd, a/k/a Musetha Byrd), and Shelby Mae Sturdivant (a/k/a Shirley Mae Sturdivant) by the probated will of Moses Parsons recorded in 97 E 157, Anson County Clerk of Court, to which reference is made for a more perfect description; said will having devised that portion of Lot 5 fronting Bennett Heights and running back to a depth of 125 feet. Together with and subject to easements, restrictions, water rights and rights of way of record, and matters of survey.
Also being identified as Parcel ID# 6483-06-39-3357, Anson County Tax Office. Address: 70 Bennett Heights Plaintiff seeks to extinguish any and all claims and interests that you may have in the property, to have a commissioner appointed to sell the Property and to deliver to the purchaser a deed to said real estate in fee simple, free and clear of all encumbrances, and that the interests and equities of redemption of the Defendants in the property be forever barred and foreclosed. You are required to make defense to such pleading not later than June 25, 2024 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This day of May 2, 2024.
Chad A Haight Attorney for Plaintiff Capital Center 82 Patton Avenue, Suite 500 Asheville, North Carolina 28801 (828) 252-8010 |
24 SP 10 NOTICE OF FORECLOSURE SALE
NORTH CAROLINA, ANSON COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by James Earl Jenkins and wife, Letha Freeman Jenkins to John Dillard Esq., Trustee(s), which was dated June 24, 2015 and recorded on July 8, 2015 in Book 1096 at Page 0079, Anson County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on May 22, 2024 at 11:00 AM, and will sell to the highest bidder for cash the following described property situated in Anson County, North Carolina, to wit:
BEING A HOUSE, AND THE LOT UPON WHICH IT IS SITUATED, LOCATED AT 503 MORVEN ROAD, TOWN OF WADESBORO, WADESBORO TOWNSHIP, ANSON COUNTY, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT A FIRE HYDRANT SITUATED AT THE WESTERN EDGE OF THE RIGHT OF WAY OF MORVEN ROAD AND RUNS AS A TIE LINE N. 29-39-20 E. 95.39 FEET TO AN IRON ROD FOUND AT THE BACK SIDE OF THE SIDEWALK SITUATED ON THE EASTERN EDGE OF THE RIGHT OF WAY OF MORVEN ROAD, SAID IRON ROD BEING THE POINT AND PLACE OF BEGINNING; AND RUNS THENCE FROM THE POINT AND PLACE OF BEGINNING, LEAVING SAID MORVEN ROAD, SOUTH 79-47-57 EAST 142.35 FEET TO AN IRON ROD FOUND, A CORNER; THENCE SOUTH 14-33-24 WEST 128.57 FEET TO AN IRON PIPE FOUND, A CORNER; THENCE NORTH 79-30-22 WEST 113.83 FEET TO AN IRON PIPE FOUND SITUATED ON THE EASTERN EDGE OF THE SIDEWALK LOCATED ON THE EASTERN SIDE OF MORVEN ROAD; THENCE IN A LINE FOLLOWING THE EASTERN EDGE OF THE SIDEWALK SITUATED ON THE EASTERN SIDE OF MORVEN ROAD NORTH 1-50-18 EAST 128.99 FEET TO THE POINT AND PLACE OF BEGINNING
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 503 Morven Road, Wadesboro, NC 28170.
A Certified Check ONLY (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.
Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. Substitute Trustee does not have possession of the property and cannot grant access, prior to or after the sale, for purposes of inspection and/or appraisal. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are James Earl Jenkins.
An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)]. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Trustee Services of Carolina, LLC Substitute Trustee Brock & Scott, PLLC Attorneys for Trustee Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988
File No.: 24-04719-FC01 |