NOTICE OF SUCCESSOR TRUSTEE’S SALE
The undersigned Successor Trustee, The Law Office of Kathy M. Santa Barbara, PLLC, by virtue of the authority vested in it by that certain Deed of Trust bearing date July 13, 2023, and recorded on July 18, 2023 in the office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed of Trust Book No. 2512, at Page 471, and made by Timothy J. Foltz to Pill & Pill, PLLC, Trustee, under which Deed of Trust default having been made, and the undersigned Successor Trustee having been directed in writing to foreclose hereunder by the secured party, will offer for sale at public auction, at the front door of the County Courthouse in Jefferson County, West Virginia, at 100 East Washington Street, Charles Town, West Virginia 25414, on Friday, October 17, 2025 at 12:00 o’clock noon, the following described real property situate in Berkeley County, State of West Virginia:
“All that certain tract or parcel of real estate, with the improvements and appurtenances thereunto belonging, situate, lying and being in the Middleway District of Jefferson, County, West Virginia, and more particularly described as follows:
Lot 16 Residue Lot, Cedar Meadows Airpark Subdivision of the Land of Haynes-Foltz, containing 75.8262 acres of land, mor or less, as shown on that certain plat prepared by Dunn Land Surveys, Inc., dated May 7, 2003, revised May 23, 2003 and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Plat Book 20 at Page 25; LESS ANND EXCEPTING that portion of the property sold to Denison, containing 6.2330 acres, more or less, as set forth in that certain deed recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia in Deed Book 1069 at Page 586.
The property hereby conveyed is Lot 16, Residue with a remaining acreage of 69.5932 [acres] more or less.
785 Hardesty Road, Summit Point, WV 25446
Tax Map: 29/0001 0000 6001 & 6002”
AND BEING the same parcel of real estate conveyed to Timothy J. Foltz from Thomas C. Pomeroy and Timothy J. Foltz, by Quitclaim Deed dated the 11th day of July, 2023, and recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Deed Book 1305, at page 7.
Said property is to be conveyed subject to all utility easements and rights-of-way of record, subject to restrictive covenants of record, and subject to any unpaid real estate taxes.
THE SUBJECT PROPERTY, INCLUDING ANY IMPROVEMENTS THEREON, WILL BE SOLD IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND. THE SUCCESSOR TRUSTEE SHALL BE UNDER NO DUTY TO CAUSE ANY EXISTING TENANT OR PROPERTY OWNER OCCUPYING THE SUBJECT PROPERTY TO VACATE SAID PROPERTY. ANY PERSONAL PROPERTY AND/OR BELONGINGS REMAINING ON THE REAL ESTATE AFTER THE FORECLOSURE SALE SHALL BE DEEMED TO CONSTITUTE ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
TERMS OF SALE: Ten percent (10%) of the sale price shall be paid by cash, cashiers check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale, with the balance to be paid in cash at closing within thirty (30) days after the sale date, time being of the essence. Purchaser shall pay for all closing costs, including, but not limited to, transfer stamps, deed preparation, preparation and recording of the Trustee’s Report of Sale, delinquent and current real estate taxes, fire fees, ambulance fees, and all recording fees.
FEDERAL TAX LIENS: In the event that there are federal tax liens against the property, the United States of America has the right to redeem the property within 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Successor Trustee reserves the right to reject any and all bids.
The Successor Trustee is fully vested with authority to sell the property as trustee by virtue of a certain Notice of Appointment of Successor Trustee dated the 16th day of September, 2023, and made by Jefferson Security Bank, and recorded on September 17, 2025 in the aforesaid Clerk’s office in Deed Book No. 1356, at page 90.
Any person having any inquiries, objections to the sale, protest regarding the sale, or requests regarding the sale should contact the Successor Trustee by one of the means set forth below.
Dated this 23rd day of September, 2025.
THE LAW OFFICE OF KATHY M. SANTA BARBARA, PLLC, Successor Trustee
By: /s/Kathy M. Santa Barbara
Kathy M. Santa Barbara, Member
518 W. Stephen St.
Martinsburg, WV 25401
Telephone – (304) 264-0000
Facsimile – (304) 263-2527
10/2/2t