IN THE CIRCUIT COURT
OF RALEIGH COUNTY,
WEST VIRGINIA
Civil Action No. 19-C-341-K
The Honorable H.L.
Kirkpatrick, III, Judge
DOGWOOD COURT
CONDOMINIUM COUNCIL,
Plaintiff,
v.
HUGH M. CAPERTON; GRUNDY NATIONAL BANK; UNITED BANK, INC.; WEST VIRGINIA STATE TAX DEPARTMENT; EMCO GLADE SPRINGS HOSPITALITY doing business as THE RESORT AT GLADE SPRINGS; and GLADE SPRINGS VILLAGE PROPERTY OWNERS ASSOCIATION, INC.;
Defendants.
NOTICE OF SPECIAL
COMMISSIONER’S JUDICIAL
SALE OF VALUABLE REAL
ESTATE
Notice is hereby given that the undersigned, J. Mingo Winters, Special Commissioner, by virtue of that certain Order Appointing Special Commissioner to Sell Real Estate to Satisfy Liens, entered on the 6th day of October, 2020 in the Circuit Court of Raleigh County, West Virginia, in that certain case styled Dogwood Court Condominium Council v. Hugh M. Caperton, et al., Civil Action No. 19-C-341-K, the said Court having directed the said Special Commissioner to make sale of the real estate that is the subject of the said Civil Action, the undersigned Special Commissioner will offer for sale and sell at public auction to the highest bidder on the 28th day of October, 2021 at 11:00 a.m., at the front door of the Raleigh County Courthouse in the City of Beckley, Raleigh County, West Virginia, the real estate or premises that is the subject of said Civil Action, being and consisting of the following:
All of the Apartment Unit Number 55 of Dogwood Court Condominiums plus a fractional interest as a tenant-in-common in the common areas of Dogwood Court Condominiums accompanying each unit as described in the following Deeds:
A. That certain Deed, dated June 30, 1990, from Bank of Mt. Hope, Inc. to Hugh M. Caperton and Cindy I. Caperton, his wife, which said deed was admitted to record in the Office of the Clerk of the County Commission for Raleigh County, West Virginia on August 8, 1990 at Deed Book 2, Page 479.
B. That certain Deed, dated June 15, 1994, from Cindy I. Caperton to Hugh M. Caperton, which said deed was admitted to record in the Office of the Clerk of the County Commission for Raleigh County, West Virginia on June 15, 1994 at Deed Book 58, Page 896.
The above described real estate shall be sold subject to any claims, liens, assessments, taxes, restrictions, covenants, conditions and encumbrances as against the same other than the duly recorded judgment lien creditors of the named Defendants in this matter.
Title shall be conveyed by the Special Commissioner with covenants of Special Warranty of title.
TERMS OF SALE:
1. Ten percent (10%) of the sale price in cash or certified check, or other immediately available funds, at the time and place of the sale with the balance of the sale price payable within thirty (30) days from the date of sale. TIME IS OF THE ESSENCE as to the closing date and payment of the purchase price. The Circuit Court of Raleigh County may require forfeiture of the down payment if the purchaser fails to close.
2. The Property and any improvements thereon are being sold and will be conveyed AS IS, WHERE IS, without representation or warranty of any kind, express or implied, as to their condition or fitness for any purpose or as to their compliance with any laws.
3. The purchaser shall be responsible for the payment of any transfer taxes and recording fees necessary to place of record the deed of conveyance. The seller will be responsible for the preparation of the deed.
4. The Special Commissioner makes no representations or warranties about the title of the property.
5. The Special Commissioner shall be under no duty to cause any existing tenant to vacate the property.
6. The Special Commissioner reserves the right to adjourn the sale, for a time, from time to time, without further notice other than by announcement at the time and place of sale described above or by posting a notice of adjournment.
7. The Special Commissioner reserves the right to reject any and all bids.
8. The successful bidder shall be required to execute a memorandum of sale upon the acceptance of the successful bid by the Special Commissioner.
CONDITIONS OF SALE
The property shall be sold to the highest bidder subject to the approval of the Circuit Court of Raleigh County, West Virginia. Upon confirmation of the sale by the Circuit Court of Raleigh County, the Special Commissioner will deliver a deed to the purchaser with Special Warranty of title, as contemplated by West Virginia Code § 55-12-7. The Special Commissioner make no representation or warranties about the title of the real estate to be conveyed.
Given under my hand this 4th day of November, 2020.
J. Mingo Winters
Special Commissioner
West Virginia State Bar ID # 10136
106 South Heber Street
Beckley, West Virginia 25801
I, Paul H. Flanagan, Clerk of the Circuit Court of Raleigh County, West Virginia, certify and attest that J. Mingo Winters, Special Commissioner, posted the attached bond, with corporate security thereon, in the amount of two hundred twenty-five thousand dollars ($225,000.00) with my office pursuant to the provisions of West Virginia Code 55-12-7.
PAUL H. FLANAGAN
Raleigh County Circuit Clerk
ID: 541294