NOTICE OF SPECIAL
COMMISSIONER SALE OF VALUABLE REAL ESTATE
The undersigned Special Commissioner, by virtue of the authority vested in him by that certain Order Granting Default Judgment And Motion For Extension Of Time to Serve Complaint, entered May 8, 2024, by the Circuit Court of Fayette, West Virginia, and pursuant to the authority set forth in West Virginia law, will offer for sale at public auction to the highest bidder at the front door (100 N Court St.) of the Courthouse of the County of Fayette, in Fayetteville, West Virginia, on
July 8, 2024, at 10:00 a.m.
the following described lot, tract, or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging:
All of that certain tract or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Montgomery, in Montgomery District, Fayette County, West Virginia, and being more particularly bounded and described as follows:
BEGINNING at a stake on Fifth Avenue on the line of the land of the Cannelton Coal Company and running with Fifth Avenue N 72° W 125 feet to a stake on said Avenue, thence leaving Fifth Avenue S 18° W 215 feet to a stake on the line of Fourth Avenue; thence, with Fourth Avenue S 72° E 125 feet to a stake twelve feet from the root of a locust tree on the line of the land of J. W. Montgomery, and thence with the land of Montgomery N 18° E 215 feet to the beginning. (The reference to Cannelton Coal Company and J. W. Montgomery being from the deed hereinafter referenced and who on this date do not own the adjoining properties)
LOT INTERSECTION 3RD & 4TH AVE
AND BEING the same Property conveyed to Kartias Klassico by Deed from Jay Folse, single, dated November 12, 2020, recorded November 19, 2020, in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 806, at page 490.
TERMS OF SALE
1. Cash in hand paid on day of sale by wired funds or certified check; provided, however, the Special Commissioner may accept credit bids and proof of funds, or other evidence of funds, and accept receipt thereof within five (5) days of the sale or as otherwise determined by the Special Commissioner. Failure by the highest bidder to provide funds as directed by the Special Commissioner will result in their bid being forfeited and the next highest bidder being declared the winner.
2. The sale is subject to any and all applicable assessments and taxes against the real property.
3. The purchaser shall pay the excise transfer tax imposed by W.Va. Code § 11-22-2.
4. The Special Commissioner reserves the right to adjourn the sale, for any reason or for no reason, for a time or from time to time without further notice by announcement at the time and place of the sale described above.
5. The real property will be sold in “as is” condition. The Special Commissioner will have no duty to cause any tenant or person occupying the real property to vacate.
6. The real property will be conveyed free and clear of liens and encumbrances that are junior to the lien in favor of the City of Montgomery that arises under W. Va. Code §8-12-16(g).
7. The Special Commissioner will deliver a Special Commissioner’s deed to the purchaser without any covenant or warranty (express or implied).
8. The Special Commissioner makes no representations and warranties about the title of the real estate to be conveyed.
9. If there is one or more valid and enforceable federal tax liens against the real property, the United States will have the right to redeem the real property within a period of 120 days from the date of the sale or the period allowed for redemption under state law, whichever is longer.
Given under my hand this 3rd day of June, 2024.
John R. Bsharah,
as Special Commissioner
300 Summers St., Ste. 700
Charleston, WV 25301