NOTICE OF FORECLOSURE COMMISSIONER’S SALE
NOTICE OF FORECLOSURE COMMISSIONER’S SALE, pursuant to powers vested in it by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq, by 24 CFR part 27, subpart B and by the Secretary’s designation of Bailey & Slotnick as Foreclosure Commissioner by FORECLOSURE COMMISSIONER DESIGNATION dated November 7, 2017, recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5073, at Page 165, notice is hereby given that the borrower defaulted under the Note and that certain Closed End Fixed Rate Home Equity Conversion Deed of Trust executed by Irene Fink to Generation Mortgage Company, dated July 12, 2010, of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5040, at Page 1613, which was assigned from Mortgage Electronic Registration Systems, Inc. to The Secretary of Housing and Urban Development by Assignment dated September 7, 2016, of record in the Clerk’s Office in Book 5063, at Page 4954, and under the Note and that certain Closed End Fixed Rate Home Equity Conversion Second Deed of Trust executed by Irene Fink to the Secretary of Housing and Urban Development, dated July 12, 2010, of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5040, at Page 1615. Accordingly, the Foreclosure Commissioner will sell the following described property to the highest bidder at the front door of the Courthouse of Raleigh County, in Beckley, West Virginia, on:
TUESDAY, FEBRUARY 9, 2021, AT 10:00 O’CLOCK A.M.
The surface only of the following described piece or parcel of land lying in Town District, Raleigh County, West Virginia, and bounded and described as follows, to-wit:
BEGINNING at a corner fence post on the southern right-of-way line of White Lane, said beginning corner is also the north-eastern corner of R.J. Burmeister and Alma Campbell Burmeister 2.46 acre tract of land; thence leaving said beginning corner and with White Lane, S. 36deg. 22′ E. 93.00 feet to a steel pin driven in ground along fence line; thence leaving White Lane S. 52deg. 50′ W. 116.91 feet to a steel pin driven in ground on top of hill; thence S. 36deg. 22′ E. 184.21 feet to a fence post; thence S. 1deg. 1′ W. 75.25 feet to a fence post; thence S. 37deg. 5′ E. 244.50 feet to a steel pin driven in ground along fence line on the northwestern right-of-way line of State Highway; thence following fence line and right-of-way line of State Highway, S. 57deg. 38′ W. 27.19 feet; thence S. 78deg. 30′ W. 110.66 feet N. 80deg. 07′ W. 137.59 feet; thence N. 45deg. 45′ W. 162.13 feet; thence N. 33deg. 57′ W. 105.70 feet to a corner fence post, corner of R.J. Burmeister and Alma Campell Burmeister, thence with their line to the beginning corner; and being all of Lots Nos. 1, 2 and 7 and two small triangular strips or portions of Lot No. 5 as shown on map of A. A. Liggett 4.2 acres tract, which said map is of record with a Deed from Raleigh Coal and Coke Company, a corporation, to A.J. Truman and Glenna Truman, his wife, dated the 8th day of June, 1940, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 166, at Page 67; marked “A.A. Liggett 4.2 acre tract, Scale 1″ = 100′.”
And being the same property conveyed unto Sidney Fink by the three following conveyances (1 ) Deed dated March 26, 1946 and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 223, at Page 289, from A.J. Truman and Glenna Truman, his wife, conveying a 1/3 undivided interest to said property; (2) Deed dated July 24, 1948 and recorded in the aforesaid Clerk’s Office in Deed Book 266, at Page 306, from Jeanette Wein and Isadore R. Wein, her husband, Alan David Abrams and Ruth Abrams, his wife, conveying a 2/3 undivided interest to the said property; (3) Deed dated December 31, 1962 from Sidney Fink, and recorded in the aforesaid Clerk’s Office in Deed Book 719, at Page 21. Sidney Find died testate on or about February 18, 2003, being a resident of Raleigh County, West Virginia, and by virtue of his Last Will and Testament, he devised and bequeathed his interest in the said property unto his wife, Irene Fink, which said Last Will and Testament is recorded in the aforesaid Clerk’s Office in Book 5012, at Page 1746.
There is EXCEPTED AND RESERVED, the following parcels of land, to-wit:
TRACT NO. 1:
That certain tract of land situate in the City of Beckley, Raleigh County. West Virginia, and being all of Lot Seven (7) and a part of Lot One (1) of the A. A, Liggett 4.2 acre tract, and bounded and described as follows, to-wit:
BEGINNING at a stake on the southwestern side of White Lane, common corner of Lot 7 and Burmeister, thence with the line of White Lane S. 36deg. 22 E. 93.00 feet to a stake, common corner of Lots 6 and 7; thence with the common line of said lots S. 52deg. 50′ W, 116.91 feet to a point in the line of Lot 1; thence following the same course and extending into said Lot 1, S. 52deg. 50′ W. 11.09 feet to a stake; thence N. 37deg. 45′ W. 40.32 feet to a stake in the common line of Burmeister and said Lot 1; thence with the said common line N. 30deg. 44′ E. 11.89 feet to a stake, common corner of Lots 1, 7 and Burmeister; thence with the common line of Lot 7 and Burmeister the same course of N. 30deg. 44′ E. 128.11 feet to the point and place of beginning. as shown on a map of the same of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 166, at Page 70A, and more particularly shown upon a plat of the tract herein conveyed, which is attached to that certain Deed dated February 10, 1964 from Sidney Fink and Irene Fink, his wife, to Leonard G. Sims and Florence Sims, his wife, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 428, at Page 378.
And being the same property conveyed unto Leonard G. Sims and Florence Sims, his wife, by Deed dated the 1 day of February, 1964 from Sidney Fink and Irene Fink, his wife, and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 428, at Page 378.
TRACT NO. 2:
A lot of land located on South Kanawha Street, in the City of Beckley, Raleigh County, West Virginia and being more particularly bounded and described as follows:
Beginning at a IP (set) on the northern R/W line of South Kanawha Street (old G. F. & K Turnpike) and a common corner to Lots 2 & 3 of the A. A. Liggett 4.2 acre tract, thence leaving Lot #3 and with said R/W
S 75deg. 17′ 44″ W 87.31 feet to a IP (set), thence
S 89deg. 03′ 37″ W 61.66 feet to a IP (set), thence
N 80deg. 37′ 31″ W 68.55 feet to a IP (set), thence
N 71deg. 35′ 41″ W 51.35 feet to a IP (set). thence
N 64deg. 43′ 33″ W 29.48 feet to a IP (set), thence
N 56deg. 41′ 23″ W 62.52 feet to a IP (set), thence
N 47deg. 29′ 52″ W 53.42 feet to a IP (set), thence
N 36deg. 32′ 19″ W 58.21 feet to a IP (set), thence
N 31deg. 06′ 06″ W 27.00 feet to a IP (set) a common corner to Lots I & 2,
thence leaving said R/W and with Lot #1
N 58deg. 53′ 54″ E 11.46 feet to a point on a Rock Wall, thence continuing with Lot #1
S 56deg. 04′ 15″ E 44.76 feet to a point on a Rock Wall, thence
S 52deg. 19′ 45″ E 82.33 feet to a point on a Rock Wall, thence
S 64deg. 34′ 38″ E 28.28 feet to a point on a Rock Wall, thence
S 75deg. 20′ 25″ E 21.51 feet to a point on a Rock Wall, thence
N 88deg. 25′ 18″ E 27.19 feet to a point on a Rock Wall, thence
N 73deg. 15′ 18″ E 15.69 feet to a point on a Rock wall, thence
N 58deg.20′ 38″ E 24.86 feet to a point on a Rock wall, thence
N 47deg. 26′ O2″ E 29.71 feet to a point on a Rock Wall, thence
N 30deg. 44′ 31″ E 33.64 feet to a point on a Rock wall, thence
N 17deg. 45′ 56″ E 66.39 feet to a point on a Rock wall, thence
N 12deg. 42′ 29″ E 7.63 feet to a point on a Rock Wall, a common corner to Lots 1, 2 & 5, thence leaving Rock Wall and Lot #1 and with line between Lots 2&5
N 74deg. 58′ 14″ E 11.00 feet to a Fence Post a common corner to Lots 2, 4, & 5 thence leaving Lot #5 and with the line between Lots 2, 3 & 4
S 32deg. 47 OO” E 250.96 feet to the beginning and containing 0.931 acres, more or less and shown on a plat entitled “MAP SHOWING LOT #2 OF THE A.A. LIGGETT 42 ACRE TRACT FOR LEONARD FINK LOCATED ON SOUTH KANAWHA STREET IN THE CITY OF BECKLEY, RALEIGH COUNTY, WEST VIRGINIA SCALE: DATE: OCTOBER, 1986” prepared by Engineering Services. Inc. and recorded in Deed Book 719, at Page 20-A.
And being the same property conveyed unto Leonard B. Fink by Deed dated November 1, 1986 from Irene Fink and Sidney Fink, her spouse, which said Deed is of record in the Office of the Clerk of the County Commission of Raleigh County. West Virginia, in Deed Book 719, at Page 17.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code § 11-22-2.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Foreclosure Commissioner reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Foreclosure Commissioner shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Foreclosure Commissioner by cashier’s check, cash or money order within thirty (30) days of the date of sale with a minimum deposit of $20,000.00 payable to the Foreclosure Commissioner by cashier’s check, cash or money order at the time and place of the sale. There will be no refund granted of any amount if the third-party purchaser elects not to purchase the property for any reason.
7) The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a cashier’s check or money order made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due.
Given under my hand this 15th day of January, 2021.
BAILEY & SLOTNICK, PLLC,
FORECLOSURE
COMMISSIONER
By: Marc J. Slotnick, Member
500 Virginia Street East,
Suite 600
Charleston, West Virginia 25301
Phone: (304) 346 1800
WV State Bar No. 5956