legals 12/23/15

Published 2:50 pm Wednesday, December 23, 2015


9593 Windsor Boulevard

 Windsor, VA 23487

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In execution of a Deed of Trust in the original principal amount of $89,198.00, dated September 9, 2010, recorded among the land records of the Circuit Court for Isle of Wight County on September 10, 2010, as Instrument Number 100004047, at Page 70, the undersigned appointed Substitute Trustee will offer for sale at public auction, at the main entrance of the courthouse for the Circuit Court of Isle of Wight County, 17000 Josiah Parker Circle, Isle of Wight, VA on January 14, 2016 at 12:45 PM, the property described in said deed of trust, located at the above address and briefly described as: Beginning at a pin on the northern right of way of Route 460 approximately 0.6 miles northwest of Route 258 on the boundary of the subject property and property now or formerly owned by Fred Leathers and from said point of beginning N 41 degrees 39′ 30” W 210.00 feet more or less, to a concrete monument; thence N 50 degrees 36′ 03” E 420.56 feet, more or less, to a concrete monument; thence S 38 degrees 10′ 30” E 128.05 feet, more or less to an axle; thence S 32 degrees 22′ 02” E 212.23 feet, more or less to a pipe; thence S 69 degrees 09′ 54”’ W 404.62 feet, more or less, to a point of beginning.. Tax ID: 53-01-051.

TERMS OF SALE: ALL CASH. A bidder’s deposit of $8,900.00 or 10% of the sale price, whichever is lower, will be required in cash, certified or cashier’s check. Settlement within fifteen (15) days of sale, otherwise Trustee may forfeit deposit. Additional terms to be announced at sale.  This is a communication from a debt collector. This notice is an attempt to collect on a debt and any information obtained will be used for that purpose.

Loan Type: FHA (Trustee # 553618)

Substitute Trustee: ALG Trustee, LLC, C/O Atlantic Law Group, LLC  PO Box 2548, Leesburg, VA 20177, (703) 777-7101, website:  FEI # 1074.01422 12/23/2015, 12/30/2015








v.                                                                                 In Case No.: CL15-987




            The object of this suit is to reform a Deed of Trust encumbering certain real property titled, of record, in the name of Alice Faye Owney, deceased, which property is commonly known as 15224 Mill Swamp Road, Smithfield, Virginia 23430 (the “Property”) and is more particularly described in a certain plat recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia entitled, “Plat of Parcel 11F and addition to Parcel 11F” and contains 3.25 acres; to adjudicate the ownership of said Property; and, to adjudicate the validity of liens that may affect the Property docketed against Patricia Faye Edwards.

            On information and belief, Alice Faye Owney died testate on February 9, 2011 and her Will was admitted to probate in the Clerk’s Office of this Court on February 15, 2011. In the Will, she devised the Property to Roy Blake Owney, Patricia Faye Edwards and Courtney Elizabeth Salmon. Upon review of the chain of title to the Property, it appears that there may be others, including additional possible heirs of Alice Faye Owney, who may own an interest in the Property; however, after due diligence has been used without effect to ascertain the identity and location of all possible heirs of Alice Faye Owney, their identities and whereabouts being unknown.

            And, pursuant to an Affidavit for an Order of Publication executed by Plaintiff’s counsel, it is ORDERED that any parties who may be an executor, administrator or an heir of the Estate of Alice Faye Owney; and, any person(s) through them jointly or individually, and any other person claiming to have an interest in the Property described herein above do appear on or before the 22nd day of February, 2016, in the Clerk’s Office of this Court and do what is necessary to protect their interests.

            And it is further ORDERED, pursuant to Virginia Code §8.01-317 that:

            1)         this Order be posted at the front door of the courthouse wherein the Court is held;

            2)         this Order be published once a week for four (4) successive weeks in THE SMITHFIELD TIMES, a newspaper of general circulation in the Hampton Roads, Virginia area;

            3)         the Clerk shall cause copies of the Order to be so posted, mailed and transmitted to the designated newspaper within twenty-one (21) days after the entry of this Order of Publication; and,

            4)         the Clerk shall file a certificate in the papers of this case that the requirements of this section have been complied with.


                        Entered:12/21/2015    TESTE:


                                                                                    Laura E. Smith DC

                                                                                                Deputy Clerk

I ask for this:



James A. Evans p.q.

James A. Evans  (VSB #4441)


2101 Parks Avenue, Suite 301

Virginia Beach, Virginia 23451

(757) 437-9500  (757) 437-9527 fax