Source: September 15, 2015 Read More →


010071985 September 8, 15


NOTICE OF TRUSTEE’ S SALE and Notice of the Beneficiary/Servicer’ s election to sell property, is hereby given pursuant to and by virtue of the authority vested in the Trustee(s) by that certain Deed of Trust dated December 5, 2005, executed by Robert D. Stewart, AKA Robert David Stewart and Paulette Stewart to Barry Dobson and Mark A. McCoy, Trustees, of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Book 1435, at Page 428, and pursuant to that AGREED ORDER GRANTING VERIFIED PETITION OF THE HUNTINGTON NATIONAL BANK TO QUIET TITLE AND/OR ENCUMBRANCES ON REAL ESTATE AND TO EXERCISE RIGHTS AND REMEDIES UNDER ITS DEED OF TRUST entered in the Circuit Court of Monongalia County, West Virginia, on April 16, 2015 and of record in the Clerk’ s Office in Book 1520, at Page 770. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 13, 2013, of record in the Clerk’ s Office in Book 1929, at Page 42. The borrowers defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Monongalia County, in Morgantown, West Virginia, on:


All that certain lot or parcel of land, together with the appurtenances thereunto belonging, situate in Eastern District, formerly Union District, Monongalia County, West Virginia, and being more particularly described as follows:

Third Parcel: Beginning at a stake in the center of Martin Bayles’ Lane a corner to land of J. W. Pickenpaugh, and running thence with Pickenpaugh land 541.2 feet to a stake, a corner to the lands of C. K. Fife, thence with a line of land of Fife in a westerly direction 444 feet to a stake, a corner to land of Leopold Sigwart, thence with a line of land of Sigwart 301 feet to a stake, a corner to land formerly belonging to Charles Walls thence with two of his lines in a northeasterly direction 306.8 feet crossing a branch to a stake, thence in a southeasterly direction 300 feet to a stake near the public road and in the center of said Martin Bayles’ Lane, thence with the center of said lane 250 feet to the place of beginning, containing 4.53 acres, more or less.

Subject to all easements, covenants, conditions, reservations, leases and restrictions of record, all legal highways, all rights of way, all zoning, building and other laws, ordinances and regulations.

This is part of the same property conveyed unto Robert D. Stewart, by deed dated April 8, 1970, of record in the Clerk’ s Office in Book 695, at Page 344.

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 ยง 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 Trustee 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 Trustee.

5) The Trustee 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 Trustee by cashier’ s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’ s check, cash or the equivalent.

Given under my hand this 25th day of August 2015.


Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800
WVSB #1687