WHEREAS, that certain Deed of Trust dated December 18, 2010, was executed by Joyce Yvonne Bailey to Premier Reverse Closings, LA PALMA, Trustee, securing First National Bank in the amount of $87,000.00, of record in the Clerk's Office in Book 1205, at Page 59. This Deed of Trust was assigned from by Mortgage Electronic Registration Systems, Inc. (MERS) as nominee for First National Bank to The Secretary of Housing and Urban Development by Assignment dated September 27, 2018, of record in the Clerk's Office in Book 27, at Page 345; and
WHEREAS, that certain Deed of Trust dated December 18, 2010, was executed by Joyce Yvonne Bailey 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 $87,000.00, of record in the Clerk's Office in Book 1205, at Page 70; 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 Mercer County, West Virginia, in Book 1140, at Page 19, 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 Mercer County, in Princeton, West Virginia, on:
FRIDAY, APRIL 24, 2026, AT 11:00 O'CLOCK A.M.
All that certain tract or parcel of real estate, together with the improvements thereon, situate in Beaver Pond District, Mercer County, West Virginia, Off State Route 112 at Ada, which property is more fully set forth on a plat entitled, "Map Showing PL. Parcel 1, Tax Map 28, Jug Neck Rd. (Co. Rte. 38/5), Off St. Rte. 112, Beaver Pond Dist., Mercer County, W. Va.", dated July 28, 1987, prepared by Appalachian Engineering & Surveying, Inc., a copy of which plat is to be recorded with this deed, which property is more particularly bounded and described as follows:
BEGINNING at a point in a fence line at the northeast corner of the Glen H. Bowling property, said point being in the southern right-of-way line of the Norfolk and Southern Railway; thence leaving said Bowling property and with said right-of-way for the next 6 calls: N. 88 degrees 46' 21" E. 8.75 feet to a concrete monument; thence S. 67 degrees 59' 18" E. 203.22 feet to a concrete monument; thence S. 82 degrees 19' 47" E. 337.61 feet to the point of curvature of a curve; thence with a curve to the left having a chord bearing and distance of S. 89 degrees 46' 22" E. 209.63 feet, a radius of 903.47 feet and a delta angle of 22 degrees 03' to the point of curvature to spiral; thence with said spiral a chord of N. 80 degrees 21' E. 182.28 feet to the point of spiral to tangent; thence N. 77 degrees 33' E. 10.69 feet to a point in the western line of a 100 foot Appalachian Power Company right-of-way, said point being the northwest corner of a tract of land formerly owned by Frank Weiss; thence leaving said railroad right-of-way, S. 27 degrees 12' 17" E. 1005.00 feet with said Power Company right-of-way line to a point on south side of a ridge; thence leaving said Power Company right-of-way S. 79 degrees 34' 20" W. 1451.46 feet to a point in the center of Dye Pot Branch, corner to said Bowling; thence with said Bowling line for the next 11 calls: N. 10 degrees 45' 44" W. 47.31 feet along the center of said branch to a point; thence continuing along the center of said branch N. 13 degrees 10' 36" E. 44.31 feet to a point below what is known as the coal bank; thence leaving said centerline of branch N. 10 degrees 45' E. 173.06 feet to a point; thence N. 12 degrees 07' 46" E. 198.77 feet to an old fence post; thence N. 23 degrees 15' 16" E. 103.40 feet to an old fence post; thence N. 33 degrees 56' 36" E. 202.54 feet to a point; thence N. 20 degrees 46' E. 80.38 feet to a point; thence N. 19 degrees 33' E. 83.42 feet to a point; thence N. 17 degrees 22' 22" E. 84.18 feet to a point; thence N. 46 degrees 25' W. 98.14 feet with an old fence line to a double buckeye; thence continuing along old fence N. 41 degrees 51' 06" W. 304.49 feet to the point of BEGINNING and containing 25.10 acres, more or less.
Being the same property conveyed unto Ray M. Bailey and Joyce Yvonne Bailey from Ray M. Bailey by deed dated March 22, 2006, of record in the Clerk's Office in Deed Book 894 at Page 159. Ray M. Bailey died on May 9, 2006, and in accordance with the survivorship provision contained in that Deed, title vested solely in Joyce Yvonne Bailey.
At the time of the execution of the Deeds of Trust, this property was reported to have an address of: RR 2 Box 410, Bluefield, WV 24701
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 $9,000.00 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 27th day of March, 2026.
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