The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated September 17, 2018, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Document No. 201800012971, in Book No. 1207, at Page 216 and modified in Loan Modification Agreement in Document No. 202200002641, in Book No. 1296, at Page 327, Damion Joseph McGinley and Dennis Ray Strawderman did convey unto Douglas McElwee, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by Rocket Mortgage, LLC f/k/a Quicken Loans, LLC f/k/a Quicken Loans Inc. to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, on
March 11, 2026 at 1:00 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 03 – Fairmont City District, Marion County, West Virginia, and more particularly described as follows:
All that certain lot or parcel of land, together with the buildings and improvements thereon and appurtenances thereunto belonging, situate in Peacock Park, in the City of Fairmont, Fairmont District, Marion County, West Virginia, in Deed Book 247, at page 140, and more particularly bounded and described as follows:
LOT NUMBER ELEVEN (11) IN PEACOCK PARK, as shown on a map or plat of said lot of record in said Clerk's Office in Deed Book No. 865, at page 979, beginning at a PK nail in the northern line of Circle Drive, corner to Lot No. 12; and thence with line of Lot No. 12 N. 32° 00' E. 155.60 feet to an iron pin; thence with line of Anna Johnston, S. 59° 12' E. 60.00 feet to an iron pin in line of Broadview Avenue; thence with line of Broadview Avenue S. 32° 00' W. 152.10 feet to an iron in the intersection of Broadview Avenue and Circle Drive; and thence with two lines of Circle Drive, N. 63° 18' 15" W. 38.48 feet to an iron pin; and N. 61° 10' W. 21.70 feet to the place of beginning.
And being the same real estate conveyed to Grantors by Deed to be recorded contemporaneously herewith.
Grantors further Grant and Convey to Grantee any and all right, title and interest they may have to any rights of ways or easements incident to their ownership of the above described real estate.
THIS conveyance is made subject to all valid exceptions, reservations, restrictions, conditions, easements, rights of way or other servitudes, if any, made retained or created in prior Deeds of record in the chain of title to the property herein conveyed.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 11 Circle Dr, Fairmont, WV 26554.
The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk's Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes.
The subject property will be sold in "AS IS" condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: $9000.00 in cash and/or certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale.
FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.
SENECA TRUSTEES, INC.
5000 Coombs Farm Drive
Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 94536
