NOTICE OF FORECLOSURE COMMISSIONER’S SALE
WHEREAS, that certain Deed of Trust dated December 15, 2008, was executed by Josephine Zago, in favor of James B. Nutter & Company, as beneficiary, and Capital Funding, as Trustee, of record in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 482, at Page 702. This Deed of Trust was assigned from James B. Nutter & Company to The Secretary of Housing and Urban Development by Assignment dated June 30, 2017, of record in the aforesaid Clerk’s Office in Book 564, at Page 145; and
WHEREAS, that certain Deed of Trust dated December 15, 2008, was executed by Josephine Zago, in favor of The Secretary of Housing and Urban Development, as beneficiary, and HUD Field Office Manager’s designee, Mr. Fred Roncaglione, as Trustee, of record in the of record in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 482, at Page 712; 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 Brooke County, West Virginia, in Book 429, at Page 430, 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 Brooke County, in Wellsburg, West Virginia, on:
WEDNESDAY, MAY 3, 2023, AT 1:00 O’CLOCK P.M.
All those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate Follansbee District of Brooke County, West Virginia, known and more particularly bounded and described as follows, to wit:
All of Lots numbered one (1) and seventeen (17) as said lots are shown and defined on the plan of the Scott Lumber Company’s first sub-division plan of lots situate in Follansbee, Cross Creek District, Brooke County, West Virginia, being formerly lots numbered 1 to 6 inclusive of the fifth addition plan of Follansbee, as shown by plat now of record in the Office of the Clerk of the County Court of Brooke County, West Virginia in Deed Book No. 34, Page 534 and lots 250 to 255 inclusive of the original plan of Follansbee, as shown by plat now of record in said County Clerk’s Office in Deed Book No. 34, Page 540, a plat of which said sub-division is record in the aforesaid County Clerk’s Office in Deed Book No. 59, at Page 576.
Being the same real estate conveyed unto Josephine E. Zago from Italo Zago, by deed dated July 9, 2008, of record in the aforesaid Clerk’s office in Deed Book 323, at Page 161.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 925 Neville Street, Follansbee, WV 26037.
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 $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.
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 7th day of April, 2023.
BAILEY & SLOTNICK, PLLC,
Marc J. Slotnick, Member
500 Virginia Street East, Suite 600
Charleston, West Virginia 25301
Phone: (304) 346‑1800
WV State Bar No. 5956
BCR 04/14 – 04/21 – 04/28/23