LEGAL NOTICE
IN THE CIRCUIT COURT OF WOOD COUNTY,
WEST VIRGINIA
ESTATE OF CLAY DUANE POWELL,
DECEASED,
Anthony Scott Powell,
Administrator,
Plaintiff,
vs.
PEOPLES BANK;
DCM SERVICES, LLC;
BUREAU OF ACCOUNT MANAGEMENT;
ANTHONY POWELL;
RACHEL GARRISON;
ADAM POWELL;
ESTATE OF AMBER DAWN POWELL,
ABBAGAIL MAE
HENDERSHOT,
ADMINISTRATRIX;
ABBAGAIL MAE
HENDERSHOT; and
WOOD COUNTY SHERIFF, Rick Woodyard, Sheriff,
Defendants.
NOTICE OF SPECIAL COMMISSIONER’S SALE OF REAL ESTATE
CIVIL ACTION NO. 25-C-166
Judge: J. D. Beane
Pursuant to an Order of the Circuit Court of Wood County, West Virginia, entered in this case, the undersigned Special Commissioner will offer for sale at public auction at the front door of the Wood County Courthouse, One Court Square, Third & Market Streets, Parkersburg, Wood County, West Virginia, on June 4, 2026 at 1:00 p.m., the following described real property, situate in District of Parkersburg Corporation, Wood County, and State of West Virginia, more particularly described as follows:
BEGINNING on the northerly side of Ninth Avenue (formerly Wood Street), 111.23 feet West of Pike Street; thence running in a northerly direction, parallel with Pike Street, 69 feet to a pipe; thence running in a westerly direction 49 feet to a stake in the westerly line of a 20 foot alley; thence of said alley 72.85 feet running southerly direction with the line of said alley 72.85 feet to Ninth Avenue; thence with the line of Ninth Avenue in an easterly direction 49 feet to the place of beginning, being a part of Lots 1 and 2 in Town of Tavennerville.
Being the same property conveyed unto Clay Duane Powell by Kristy Sue Morris Rex, Executrix of the Estate of Dolores Estrella Boggs, Grantor, by deed dated the 8 th day of November 2019, in the aforesaid Clerk’s Office in Deed Book 1301, at page 707.
The above-described real estate is listed in the land books of the Wood County Assessor in the District of Parkersburg Corporation, Tax Map 10, Parcel 42 and furthermore having a physical 911 address commonly known as 2613 9 th Avenue, Parkersburg, West Virginia 26101.
ALL PERSONS DESIRING TO BID SHALL REGISTER AND OBTAIN A BIDDER’S NUMBER PRIOR TO BIDDING.
Registration will take place in-person at the stated auction location. Please arrive 30 minutes prior to the auction start time to register and obtain your bidder’s number. You will need a government issued I.D. with your current address.
Said real estate shall be offered for sale to the highest bidder, subject to approval confirmation by Order of the Circuit Court of Wood County, West Virginia in the above-styled proceeding.
Terms of sale:
1. The purchase price is a reserve price of $43,000.00; that is, bidding will start at $43,000.00;
2. If no bid meets the reserve, the Special Commissioner is authorized to declare a “no sale” or “reserve not met;”
3. In the event the bid meets the reserve, then ten percent (10%) of the purchase price in cash, certified or bank check the day of sale to be paid to the Special Commissioner, which ten percent (10%) deposit shall be nonrefundable unless the Circuit Court fails to approve the sale or unless the sale fails to close due to the fault of the seller; the remaining purchase price to be paid within thirty (30) days to the Special Commissioner;
4. The Special Commissioner is authorized to require that any prospective buyers of the subject property demonstrate at the time of sale their ability to complete said sale by letter of credit or similar document(s), which shall be presented to the Special Commissioner on the date of sale and held in confidence by him until the closing on the sale.
5. The sale shall be subject to the approval and confirmation by Order of the Wood County Circuit Court;
6. All persons desiring to bid shall register and obtain a bidder’s number prior to bidding;
7. The only warranty to be provided in the deed of sale is special warranty and subject to any and all easements,rights-of-way,conditions, covenants, restrictions, exceptions, reservations, leases, real estate taxes and other encumbrances which may be a matter of record in the Office of the Clerk of the County Commission of Wood County, West Virginia or visible upon the ground.
8. All real estate, and improvements located thereon, are sold in “AS IS” condition;
9. In addition to the purchase price, the purchasers at the sale shall be responsible for paying the 2024, 2025, and 2026 real estate taxes; the 2026 real estate taxes to be prorated based upon a calendar year basis; the recording costs; and also, the tax on the privilege of transferring real property (the cost of the tax stamps to be affixed to the deed).
10. In the event a federal tax lien is filed encumbering the property described above, any sale of said property is subject to the right of redemption pursuant to 28 U.S.C. § 2410, or any other applicable law.
Any questions should be directed to the undersigned Special Commissioner.
/s/ Richard D. Smith, Jr.
Richard D. Smith, Jr.,
Special Commissioner
(WVSB #11107)
P.O. Box 2034
Parkersburg, WV 26102-2034
[email protected]
(304)865-0801
CLERK’S CERTIFICATION
In accordance with the provisions of West Virginia Code 55-12-3 the Clerk of the Circuit of Wood County, West Virginia, hereby certifies that the Special Commissioner has given bond and security as required by law.
/s/ Celeste Ridgway, by A. Daughtery, Deputy Clerk
Celeste Ridgway, Circuit Clerk of Wood County,
West Virginia
May 12, 19, 26