Legal Notices

NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, a certain Deed of Trust dated August 24, 2012, was executed by Martin Lucas Parker and Carolyn Miller Parker to Rober Alan Miner, Esq., Trustee, securing American Advisors Group (MERS as beneficiary) in the amount of $384,000.00, of record in the Clerk’s Office in Book 3902, at Page 58. This Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc. (MERS) as nominee for America Advisors Group to The Secretary of Housing and Urban Development by Assignment dated December 7, 2018, of record in the Clerk’s Office in Book 264, at Page 408; and WHEREAS, a certain Deed of Trust dated August 24, 2012, was executed by Martin Lucas Parker and Carolyn Miller Parker to 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, securing The Secretary of Housing and Urban Development in the amount of $384,000.00, of record in the Clerk’s Office in Book 3902, at Page 70; and WHEREAS, a default has been made in the covenants and conditions of the above Deeds of Trust in the payment due on November 1, 2024, was not made and remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the loan to currency; and WHEREAS, the entire amount delinquent as of January 7, 2025 is $384,658.60; and; WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deeds of Trust to be immediate due and payable; 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 Kanawha County, West Virginia, in Book 47, at Page 962, notice is hereby given that the borrower has defaulted under the 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 Kanawha County, in Charleston, West Virginia, on: WEDNESDAY, FEBRUARY 26, 2025, AT 10:00 A.M. Commonly known as: All that certain lot or parcel of real estate, together with improvements thereon and the appurtenances thereunto belonging, situate in the City of Charleston, Chas SA District, Kanawha County, West Virginia, and being port of Lot No. Seven (7) of Loudon View Heights, an addition to the said City of Charleston, as shown upon a revised map of said addition entitled, “Revised Map Loudon View Heights Addition to Charleston Loudon District Kanawha County W. Va.,” dated February 1947, made by C. B. Holsclaw and John A. Holsclaw, Engineers, and revised October, 1948, by John W. Child, Engineer, which revised map is of record in the Office of the Clerk of the County Court of Kanawha County, West Virginia, in Map Book 14, at pages 34 and 35, said property hereby conveyed being more particularly bounded and described as follows: BEGINNING at an iron pin in the northwesterly line of Connell Road at the common corner of Lots Nos. 7 and 8 of said Loudon View Heights as shown upon the revised map aforesaid; thence leaving said line of Connell Road and running with the common division line between Lots Nos. 7 and 8, N. 65 degrees 29′ W. 186.3 feet to an iron pin in the easterly line of Bedford Road at another common corner of Lots Nos. 7 and 8; thence with said line of Bedford Road with a curve to the left the chord of which bears N. 0 degrees 47′ E. for a chord distance of 40 feet to an iron pin in said line at the common corner of Lots Nos. 6 and 7; thence leaving said line of Bedford Road and running with the common division line between Lots No,. 6 and 7, N. 85 degrees 54′ E. 215.64 feet an iron pin in the westerly line of Dorsey Road (marked on the aforesaid revised map as “Old Road”), thence with said line of Dorsey Road, S. 28 degrees 11′ E. 76.7 feet to an iron pin at the intersection of said westerly line of Dorsey Road with the northwesterly line of Connell Road; thence with said line of Connell Road with a curve to the left the chord of which bears S. 51 degrees 40′ W, for a chord distance of 105 feet to the place of beginning, excepting therefrom and not conveyed hereby a parcel of land containing 144 square feet heretofore conveyed by Dickinson Company, a corporation, to United Fuel Gas Company, a corporation, by deed dated August 5, 1950, and of record in the aforesaid Clerk’s Office in Deed Book 932, at page 125, together with the right to use the roads, streets, and alleys as laid down on said cap, as appurtenant to said lot only, the fee in said roads, streets and alleys being reserved. Being the same property conveyed unto Martin Lucas Parker and Carolyn Miller Parker from John A. Field, III and Patrica M. Field, by deed dated May 14, 1974, of record in the Clerk’s Office in Deed Book 1729, at Page 718. Martin Lucas Parker died on February 16, 2023, and in accordance with the survivorship provision contained in that Deed, title vested solely in Carolyn Miller Parker. At the time of the execution of the Deeds of Trust, this property was reported to have an address of: 1414 Bedford Road, Charleston, WV 25314. The Secretary of Housing and Urban Development will bid $105,000.00 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) There will be no proration of taxes, rents or other incomes or liabilities, except that the Purchaser will pay, at or before closing, his prorata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. 3) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-2. 4) 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. 5) 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. 6) 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. 7) 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 $10,000.00 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. 8) 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. 9) If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the deposit or, at the election of the foreclosure commissioner and after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder. 10) 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. The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the borrower to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the Deeds of Trust are tendered to the Foreclosure Commissioner, in the form of a certified or cashier’s check payable to the Secretary of HUD, before public auction of the property is completed. The amount that must be paid if the Deeds of Trust are to be reinstated prior to the scheduled sale is $384,658.60 as of January 7, 2025, plus all other amounts that would be due under the Deeds of Trust if payments under the Deeds of Trust had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement. Tender of payment by certified or cashier’s check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below. Given under my hand this 29th day of January, 2025. 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 LC-214923 02-04,12,18;2025