NOTICE OF FORECLOSURE COMMISSIONER’S SALE
WHEREAS, that certain Deed of Trust dated August 29, 2012, was executed by Lucille Mae Golden, in favor of Reverse Mortgage USA, Inc., as beneficiary, and Douglas McElwee, as Trustee, of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5048, at Page 8995. This Deed of Trust was assigned from Reverse Mortgage USA, Inc. to Reverse Mortgage Solutions, Inc. by Assignment dated September 5, 2012, of record in the Clerk’s Office in Book 5049, at Page 5577, and further assigned by Reverse Mortgage Solutions, Inc. to The Secretary of Housing and Urban Development by Assignment dated October 26, 2018, of record in the Clerk’s Office in Book 5068, at Page 6346; and
WHEREAS, that certain Deed of Trust dated August 29, 2012, was executed by Lucille Mae Golden, in favor of The Secretary of Housing and Urban Development, as beneficiary, and Senior Official with responsibility for Single Family Mortgage Insurance Programs in the Department of Housing and Urban Development Field Office with jurisdiction over the property or a designee of that Official, Trustee, as Trustee, of record in the of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5048, at Page 8999; and
NOW THEREFOR, 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 0165, notice is hereby given that the borrower has defaulted under the Notes and Deeds of Trust and 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:
THURSDAY, MAY 25, 2023,
AT 10:00 O’CLOCK A.M.
All that certain lot or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Beckley District of Raleigh County, West Virginia, known and more particularly bounded and described as follows, to wit:
Beginning at a stake on line of Board of Education and S.C. Wood Property, said stake being the southwest corner of S.C. Wood’s lot purchased from W.A. Stanley; thence with the lines of Board of Education S. 33 degrees W. 66 feet to a stake: thence leaving said lines S. 57 degrees E. 109.6 feet to a stake on Austin Avenue; thence with said Avenue N, 33 degrees E. 66 feet to a stake, the southeast corner of S.C. Wood lots thence with the line of said S.C. Wood N. 57 degrees W. 109.6 feet to the point of beginning, containing 0.166 acres, and being more particularly described by more recent survey as follows:
Beginning at a chainlink fence corner in the western right-of-way line of Austin Avenue, said point being the common corner between Glen A. and Mary C. Reitz, Jr. and James L. Wood, Jr.; thence leaving said Wood and with Reitz and Austin Avenue, S. 33 degrees 00 minutes W. 66.00 feet to a point bearing S. 17 degrees 25 minutes W. 0.16 feet from a chainlink fence corner, said point being the common corner between said Reitz and Charlotte W. Hampton; thence leaving said Austin Avenue and with the common line between said Reitz and Hampton, N. 57 degrees 00′ W. 109,60 feet to a steel pin (sat) in the line of the Raleigh County Board of Education, said point being the back corner of said Reitz and Hampton, thence leaving said Hampton and with the common line between said Reitz and the Raleigh County Board of Education, N. 33 degrees 00 feet E. 66.00 feet to a steel pin (set) at the back corner between said Reitz and the aforesaid Wood; thence leaving the Raleigh County Board of Education and with the common line between said Reitz and Wood, S. 57 degrees 00′ E, 109.60 feet to the point of beginning and containing 7,233.6 square feet, more or less.
Being the same real estate conveyed unto Thomas D. Golden and Lucille Mae Golden from Glen A. Reitz, Jr. and Mary C. Reitz by deed dated June 28, 1991, of record in the aforesaid Clerk’s office in Deed Book 12, at Page 1312. Thomas D. Golden died March 8, 2005, and in accordance with the survivorship provision contained in that Deed, title vested solely in Lucille Mae Golden.
At the time of the execution of the Deeds of Trust, this property was reported to have an address of: 111 Austin Avenue, Beckley, WV 25801.
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 Foreclosure Commissioner.
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 $12,000.00 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.
8) There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein.
Given under my hand this 1st day of May, 2023.
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