NOTICE OF FORECLOSURE COMMISSIONER’S SALE
WHEREAS, that certain Deed of Trust dated August 20, 2009, was executed by Martha Jo Lamb, in favor of Generation Mortgage Company, as beneficiary, and File Payne Scherer & File, as Trustee, of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5036, at Page 7523. This Deed of Trust was assigned from Generation Mortgage Company to The Secretary of Housing and Urban Development by Assignment dated August 1, 2014, of record in the Clerk’s Office in Book 5057, at Page 8776; 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 Note and Deed 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 10:15 O’CLOCK A.M.
All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate Shady Spring District of Raleigh County, West Virginia, known and more particularly bounded and described as follows, to wit:
Being Lot No. Two Hundred Twenty-seven (227) of Flat Top Lake and Park 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 312, at page 183, to which map reference is hereby made, and the same is made a part hereof and is to be read and taken as a part of the description hereinabove set forth.
Being the same real estate conveyed unto Martha Jo Lamb from James F. Vaughan, Jr. and Nancy K. Vaughan, by deed dated October 20, 1989, of record in the aforesaid Clerk’s office in Deed Book 750, at Page 519. Martha Jo Lamb died February 17, 2019, and devised the subject property to Richard Lloyd Phobbus by her Last Will and Testament recorded in the aforesaid Clerk’s office in Will Book 5069, at Page 1780.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 227 Circle Hill Road, Ghent, WV 25843.
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 $50,000.00 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