Sheriff’s Notice of Sale
WHEREAS, on May 1, 2023, a final order judgment was entered against Defendants Nashville Design Build, Inc. (“NDB”) and Fred M. “Chip” Leonard, (collectively “Defendants”) in favor of Plaintiffs Ryan and Maja Barretto (“Plaintiffs”) by Judge Thomas Brothers.
WHEREAS, said judgment in the amount of $1,044,562.00 plus interest accruing after May 1, 2023, at the simple rate of 9.5% per annum (a per diem rate of $271.87) was filed in the Davidson County Register of Deeds Office on May 1, 2023.
WHEREAS, on June 9, 2023, a levy of execution was issued by the Circuit Court of Nashville Davidson County, Tennessee, commanding the Madison County Sheriff’s Office (MCSO) to take from the Defendants any funds held at their financial institution. To date, no funds have been provided.
WHEREAS, McLemore Auction Company, LLC (hereinafter referred to as “Auction Company”), as agent for the Davidson County Sheriff’s Office (DCSO), will sell approximately 21.57± Acres located at 6680 Jocelyn Hollow Rd and at the end of Jocelyn Hollow Rd, Davidson County Tax IDs 128-08-0-009.00 (2.07± Acres) and 128-00-0-097.00 (19.5± Acres), (the “Property”) at auction on the premises of 6680 Jocelyn Hollow Road, Nashville, Davidson County, Tennessee 37205 on the 8th day of November, 2023 at 10:00 a.m.
WHEREAS, the terms of sale are as follows:
- Auction Company will sell the Property to the highest bidder;
- A 10% buyer’s premium will be added to the high bid price to determine the total sales price for the Property;
- At the conclusion of the auction, Auction Company will collect a non-refundable deposit from the highest bidder at the auction in the amount of 15% of the total sales price for the Property. This deposit will count as a credit to the high bidder at the real estate closing;
- Bona fide purchasers for value shall take free of any defects concerning notice;
- The Purchaser shall accept the Property in an as-is condition with all faults as of the closing date. The Property is selling subject to anything an accurate survey or personal inspection of the Property may reveal, including any existing rights-of-way, easements or claims to easements, encroachments, rights or claims of parties in possession, restrictive covenants and easements, flood zones, zoning or subdivision regulations, building codes, governmental agencies regulations, environmental conditions, lead-based paint, asbestos, radon gas, hazardous materials, any mineral rights, water rights, riparian or littoral rights, and reservations or conveyances, if any. The purchaser shall have satisfied himself as to the location and condition of the Property, and all descriptions thereof, before bidding. All information contained promotional materials, including, but not limited to, square footages, acreage, dimensions, maps, taxes, etc., is believed to be correct; however, neither the DCSO nor the Auction Company makes any guarantee or warranty as to the accuracy or completeness of such information;
- The auction deposit will be held by and closing will be conducted by First Title and Escrow Co., Inc.;
- Closing will take place within thirty (30) days of the date of auction;
- All property taxes shall be paid from the sales proceeds and shall be pro-rated to the date of closing.
- In accordance with Rule 69.07(4) of the TN R. Civ. Pro., proceeds of the sale will be applied first to property taxes, then to the Sheriff’s statutory fees, then to costs, then to any secured creditor senior to the judgment creditor, then to the judgment creditor, and any remaining balance to the Defendant;
- Others with an interest in the Property include 20201029-0126067, Deed of Trust in Favor of Meridian Capital Group, LLC, Filed October 29, 2020;
- The DCSO shall issue a certificate to the buyer and/or deed at closing;
- The DCSO is indemnified from all damages and costs that at any time may arise as a consequence of the levy or sale of the Property.
NOTICE TO BE PUBLISHED IN THE NASHVILLE LEDGER ON 10/6/23 10/13/23 AND 10/20/23