NOTICE OF FORECLOSURE COMMISSIONER’S SALE, 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 Pendleton County, West Virginia, in Book 3, at Page 103, notice is hereby given that the borrowers defaulted under that Deed of Trust dated November 20, 2009, executed by Ernest E. Moffa and Elizabeth R. Moffa to Louis George Esquire and Raymond A. Nolan, Esquire, Trustees, of record in the Clerk’s Office in Book 127, at Page 478, which Deed of Trust was assigned from MetLife Home Loans, a Division of MetLife Bank, N.A. to Champion Mortgage Company, by Assignment dated December 2, 2009, of record in the Clerk’s Office in Book 7, at Page 39, and further assigned from Champion Mortgage Company to The Secretary of Housing and Urban Development by Assignment dated July 17, 2015, of record in the Clerk’s Office in Book 7, at Page 205. and under that Deed of Trust dated November 20, 2009, executed by Ernest E. Moffa and Elizabeth R. Moffa to HUD Field Office Manager’s designee, Mr. Fred Roncaglione, Trustee, of record in the Clerk’s Office in Book 127, at Page 489, and the Foreclosure Commissioner has been instructed to foreclose under both Deeds of Trust. Accordingly, the Foreclosure Commissioner will sell the following described property to the highest bidder at the front door of the Courthouse of Pendleton County, in Franklin, West Virginia, on:
JUNE 28, 2022, AT 12:30 O’CLOCK P.M.
All that certain tract of land, together with the improvements thereon and the appurtenances thereunto belonging, located on the northwest Side of W.Va. Secondary Route l, the Deer Run Road, one quarter mile north of the intersection of said route and Route 14 in Mill Run District, Pendleton County, West Virginia, and more particularly described as follows:
BEGINNING at a 1/2” conduit found on the north right or way of Route 1 the southwest corner of Don Loughry’s 3.79 acre tract and witnessed by a 1/2” conduit, Loughry’s southeast corner, N 84-57 E. 118.18 feet; thence, with the north right of way of Route 1, S. 66-31 W. 115.16 feet to a 1/2” conduit found, the east corner of Nick Stepanovich’s 1.08 acre tract; thence, with one line of said tract, N. 27-27 W. 202.09 feet to a 1/2” iron Pipe found, corner of Stepanovich’s 1.33 acre tract; thence, with one line of the same, N. 28-12 W. 192.50 feet crossing a run to a 1/2” iron pipe set on a hillside; thence, with a new division line through the 222 acre tract of New Birth, Inc., N. 66-57 E. 329.78 feet to a 1/2” iron pipe set on the line of Loughry; thence, with his line S. 01-49 W. 432 50 feet downhill, crossing a run and a bottom to the beginning, containing 2.00 acres, more or less, as surveyed and calculated by Thomas W. Firor, Licensed Land Surveyor, and as shown on a plat of record in the Clerk’s office.
This is the same property conveyed unto Ernest E. Moffa and Elizabeth R. Moffa from Charles F. Hedrick and Kelly A. Hedrick by that Deed dated August 2, 1993 of record in the aforesaid Clerk’s office in Deed Book 134, at Page 627.
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 Trustee.
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 $10,000.00 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.
Given under my hand this 1st day of June 2022.
BAILEY & SLOTNICK,
By: Marc J. Slotnick,
500 Virginia Street East, Suite 600
Charleston, West Virginia
Phone: (304) 346-1800
WV State Bar No. 5956