- MS-24-1559 POLING
-
NOTICE OF POSTPONEMENT OF SUBSTITUTE TRUSTEE’S SALE
The June 24, 2025 sale has been rescheduled. The new sale date is August 4, 2025, at 2pm at the East Door of the Fentress County Courthouse located at 101 Main Street, Jamestown, TN 38556.
Thee terms of the original Notice of Substitute Trustee’s Sale remain, as follows:
WHEREAS, Mary Rachel Poling, unmarried, by Deed of Trust (the “Deed of Trust”), dated November 8, 2022, and recorded on November 21, 2022, in Book 373 at Page 558, Instrument # 20224363 in the Register of Deeds Office of Fentress County, Tennessee; and, conveyed to Joseph B. Pitt, Jr., Trustee, the hereinafter described real property to secure the payment of a certain Promissory Note (the “Note”) described in the Deed of Trust, which Note was payable to, Mortgage Electronic Registration Systems, Inc., as nominee for Flagstar Bank, FSB, which the aforementioned Deed of Trust was subsequently assigned to LAKEVIEW LOAN SERVICING, LLC dated August 1, 2024 and recorded in Book 402 at Page 249; Instrument # 20242476 and
WHEREAS, McPhail Sanchez, LLC has been duly appointed Substitute Trustee by the owner and holder of the Note by instrument recorded in Book 409 at Page 11, Instrument # 24004152, Fentress County, Tennessee;
WHEREAS, default has been made in the payment of the Note; and
WHEREAS, the owner and holder of the Note has demanded that the hereinafter described real property be advertised and sold in satisfaction of the indebtedness and costs of foreclosure in accordance with the terms and provisions of the Note and Deed of Trust.
An agent of McPhail Sanchez, LLC, Substitute Trustee, pursuant to the power, duty, and authority vested in and conferred by the Deed of Trust, on August 4, 2025 at 2pm at the East Door of the Fentress County Courthouse located at 101 Main Street, Jamestown, TN 38556 will be sold to the highest call bidder for cash free from all legal, equitable and statutory rights of redemption, exemptions of homestead, rights by virtue of marriage, and all other exemptions of every kind, all of which have been waived in the Deed of Trust, certain real property located in Fentress County, Tennessee, described as follows:
Located in the First (1”) Civil District of Fentress County, Tennessee, being Lot 10 of the Country Village Estates, lying in the Allardt Community, adjoining Skyline Drive, and more fully described by metes-and-bounds as follows:
Being approximately 7.43 miles Southeast of the courthouse in Jamestown, Tennessee, by way of Tennessee State Highway 52 Southeastwardly approximately five miles to the intersection of Highway 52 with the Taylor Place Road; thence leaving Highway 52 at the Allardt four-way stop; thence approximately 1.2 miles West on the Taylor Place Road to the Model Farm Road; thence Southwardly and Eastwardly on said Model Farm Road about 1-1/2 miles to the Skyline Drive; thence Westwardly with the Northern edge of the Skyline Drive approximately 926.42 feet to a PVC post in the Southwestern most corner of Lot No. 11, the Beginning Point; thence with the said Skyline Drive the following calls: North 83 deg. 20' West 50.27 feet to a point; North 09 deg. 22' East 19.68 feet to a point; North 82 deg. 11' West 80.60 feet to a PVC post; thence North 55 deg. 54' West 236.68 feet to a PVC post; thence North 07 deg. 37' East 67.95 feet to a PVC post; thence South 83 deg. 50' East 60.40 feet to a wood post; thence South 83 deg. 27' East 272.76 feet to a PVC post; thence South 05 deg. 02' West 199.45 feet to the Point of Beginning. Containing 1.14 acres, more or less, as surveyed by Rodney W. Foy, TRLS No. 730, and depicted on Drawing No. 3267, dated November 14, 1995, a plat of which is recorded in Plat Book 3, Page 82 of the Register's Office for Fentress County, Tennessee, reference to which is made for a more complete description.
Excepting, however, from this conveyance all the minerals, including coal, oil and gas in, on and under the said land together with the right to mine, dig and drill said minerals, coal and oil and gas and to remove the same but with the understanding and agreement that no well shall be drilled within two hundred feet of any buildings on said land.
Being the same property conveyed to Mary Rachel Poling from Leroy E. Cromwell and wife Carole L. Cromwell and Jon P. Suter and wife Mary D. Suter dated 07/24/2015, recorded 07/28/2015, Deed Instrument 15001951, Book 243, Page 476, County of Fentress, State of Tennessee.
Assessor's Parcel No: 025096 00215
The street address of the above-described property is believed to be 250 Skyline Dr, Jamestown, TN 38556 but if 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.
Owner of Property: Mary Rachel Poling, unmarried
Property ID: 096 00215 000
In addition, the following parties may claim an interest in the above-referenced property:
Discover Bank, Junior Lienholder, in Instrument No. 25000747
This sale is subject to any unpaid taxes, if any, any prior liens or encumbrances, leases, easements and all other matters which take priority over the deed of trust under which this foreclosure sale is conducted, including but not limited to the priority of any fixture filing. If the U.S. Department of the Treasury/Internal Revenue Service, 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, all as required by 26 U.S.C. 7425 and T.C.A. 67-1-1433. The notice requirements of T.C.A. 35-5-101 et seq. have been met.
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. The trustee/substitute trustee reserves the right to rescind the sale.
This sale is subject to all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements or setback lines that may be applicable; any statutory rights of redemption of any governmental agency, state or federal; 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.
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.
McPhail Sanchez, LLC, Substitute Trustee
126 Government Street
Mobile, AL 36602
251-438-2333
- 07/25/2025
- 08/04/2025
- 250 Skyline Dr
- Jamestown
- 38556
