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 Berkeley County, West Virginia, in Book 1292, at Page 219, notice is hereby given that the borrowers defaulted under the Note and that certain Deed of Trust dated September 8, 2009, executed by Richard Smith to
Washington Title, Trustee, securing Generation Mortgage Company, of record in the Clerk’s Office in Book 2449, at Page 410. This Deed of Trust was assigned from Generation Mortgage Company to Nationstar Mortgage, LLC, dba Champion Mortgage by Assignment dated May 6, 2015, of record in the Clerk’s Office in Book 1106, at Page 203 and further assigned from
Nationstar Mortgage, LLC, dba Champion Mortgage to The Secretary of Housing and Urban Development by Assignment
dated June 2, 2017, of record in the Clerk’s Office in Book 1178, at Page 653, and the Foreclosure Commissioner has been instructed to foreclose under the Deed of Trust. Accordingly, the Foreclosure Commissioner will sell the following described property to the highest bidder at the front door of the Courthouse of Berkeley County, in
Martinsburg, West
Virginia, on:
MONDAY, AUGUST 9, 2021, AT 1:00 O’CLOCK P.M.
All that certain lot or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Martinsburg District, Berkeley County, West Virginia, known and more particularly bounded and described as follows, to wit:
Known for postal purposes as No. 712 West King Street, situated on the north side of West King Street in the City of Martinsburg, Berkeley County, West Virginia, known and designated as the “Eastern half of Lot No. 4” in Cox’s Addition to the Town of Martinsburg, said lot hereby conveyed fronting twenty-five (25) feet on the north side of West King Street, and extending back of equal width two hundred (200) feet, more or less, to an alley.
This is the same property conveyed unto Richard Smith from Ethel M. Smith by deed dated April 12, 2002 of record in the aforesaid Clerk’s office in Deed Book 698, at Page 647.
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 $18,000.00 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
16th day of July, 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
7:23,30,8:6 (3t)