NOTICE OF DEFAULT AND FORECLOS...
NOTICE OF DEFAULT AND FORECLOS...
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, a certain Deed of Trust dated December 10, 2012, executed by Karen Hanigan to Alan E. South, Trustee, securing Proficio Mortgage Ventures, LLC (MERS), in the amount of $142,500.00, of record in the Clerk's Office in Book 1045, at Page 374. This Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc, as beneficiary and nominee for Proficio Mortgage Ventures, LLC to the Secretary of Housing and Urban Development by Assignment dated October 15, 2019, of record in the Clerk's Office in Book 56, at Page 479; and
WHEREAS, a certain Second Deed of Trust dated December 10, 2012, executed by Karen Hanigan 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, Trustee, securing the Secretary of Housing and Urban Development in the amount of $142,500.00, of record in the Clerk's Office in Book 1045, at Page 386; and
WHEREAS, , a default has been made in the covenants and conditions of the above Deeds of Trust in the payment due on January 28, 2025, was not made and remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the loan to currency; and
WHEREAS, the entire amount delinquent as of July 29, 2025 is $136,814.46; and;
WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deeds of Trust to be immediate due and payable; 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 Marion County, West Virginia, in Book 1292, at Page 184, notice is hereby given that the borrower has defaulted under the Deeds of Trust and the Foreclosure Commissioner will sell the following property described to the highest bidder at the front door of the Courthouse of Marion County, in Fairmont, West Virginia, on:
THURSDAY, SEPTEMBER 18, 2025, AT 12:00 O'CLOCK P.M.
All that certain lot or parcel of real estate together with singular the improvements thereon and the appurtenances thereunto belonging or in any manner thereunto appertaining, situate near Mt. Harmony, approximately 2,000 feet west of the Main Mt Harmony Road, in Winfield District, Marion County, West Virginia, and more particularly described as follows:
BEGINNING at a one inch iron pipe in the property line of Frank P. Summers and J. Grayce Summers (Deed Book No. 636, at Page 445), said corner bearing N. 86deg. 30' W. 179.48 feet from a corner common to John Henderson, Frank Summers and Clarence Nestor; and running thence S. 08deg. 49' E. 259.18 feet to a nail from which a 1 1/4 iron pin bears N. 08deg. 49' W. 2.95 feet distant (the nail is located in a northerly line of Homer H. Brown and Nellie L. Brown 0.22 acre parcel (Deed Book N. 742, at Page 455); thence with the line of Homer H. Brown and Nellie J. Brown, N. 82deg. 15' W. 33.08 feet to a 1 1/4 inch iron pin, a corner of Homer H. Brown and Nellie J. Brown and Clarence V. Nestor and Lucille Nestor; thence N. 88deg. 50' W. 122.66 feet to a 3/4 inch iron pipe, a corner of Billy G. Nestor; thence N. 11deg. 04' E. 258.04 feet to a 1 1/4 inch iron pope, in the line of Frank P. Summers and J. Grayce Summers; thence with the line of Summers, S. 86deg. 30' E. 66.27 feet to the beginning, containing 0.64 of an acre; together with the non-exclusive right of way and easement to use the hereinafter described parcel of real estate for the purposed of ingress, egress and regress, a roadway and outlet to and from the real estate above conveyed, which right of way begins at the northwest corner of Homer H. Brown's 0.22 acre parcel in the Billy Nestor line, and thence with the Homer H. Brown north line, N. 64deg. E. 148.50 feet to an iron pin, corner of Brown and John W. Nestor, said corner bearing on the northerly side of a present outlet road described in Brown's original deed; thence with the southerly boundary of John Nestor, N. 88deg. 50' W. 122.66 feet to an iron pope, corner in Billy Nestor's line; thence with Billy Nestor's line, S. 11deg. 04' W. 65.98 feet to the beginning, said roadway containing 0.09 of an acre.
Being the same property conveyed unto Karen Hanigan from Thomas E. Hanigan and Karen Hanigan by deed dated December 10, 2012, of record in the Clerk's Office in Deed Book 1124 at Page 794.
At the time of the execution of the Deeds of Trust, this property was reported to have an address of: 210 Mockingbird Lane, Fairmont, WV 26554.
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) There will be no proration of taxes, rents or other incomes or liabilities, except that the Purchaser will pay, at or before closing, his prorata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.
3) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code sect. 11-22-2.
4) 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.
5) 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.
6) 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.
7) 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 $13,000.00 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.
8) 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.
9) If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the deposit or, at the election of the foreclosure commissioner and after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder.
10) 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.
The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the borrower to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the Deeds of Trust are tendered to the Foreclosure Commissioner, in the form of a certified or cashier's check payable to the Secretary of HUD, before public auction of the property is completed.
The amount that must be paid if the Deeds of Trust are to be reinstated prior to the scheduled sale is $136,814.46 as of July 29, 2025, plus all other amounts that would be due under the Deeds of Trust if payments under the Deeds of Trust had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner's attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement.
Tender of payment by certified or cashier's check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.
Given under my hand this 18th day of August, 2025.
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
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, a certain Deed of Trust dated December 10, 2012, executed by Karen Hanigan to Alan E. South, Trustee, securing Proficio Mortgage Ventures, LLC (MERS), in the amount of $142,500.00, of record in the Clerk's Office in Book 1045, at Page 374. This Deed of Trust was assigned by Mortgage Electronic Registration Systems, Inc, as beneficiary and nominee for Proficio Mortgage Ventures, LLC to the Secretary of Housing and Urban Development by Assignment dated October 15, 2019, of record in the Clerk's Office in Book 56, at Page 479; and
WHEREAS, a certain Second Deed of Trust dated December 10, 2012, executed by Karen Hanigan 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, Trustee, securing the Secretary of Housing and Urban Development in the amount of $142,500.00, of record in the Clerk's Office in Book 1045, at Page 386; and
WHEREAS, , a default has been made in the covenants and conditions of the above Deeds of Trust in the payment due on January 28, 2025, was not made and remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the loan to currency; and
WHEREAS, the entire amount delinquent as of July 29, 2025 is $136,814.46; and;
WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deeds of Trust to be immediate due and payable; 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 Marion County, West Virginia, in Book 1292, at Page 184, notice is hereby given that the borrower has defaulted under the Deeds of Trust and the Foreclosure Commissioner will sell the following property described to the highest bidder at the front door of the Courthouse of Marion County, in Fairmont, West Virginia, on:
THURSDAY, SEPTEMBER 18, 2025, AT 12:00 O'CLOCK P.M.
All that certain lot or parcel of real estate together with singular the improvements thereon and the appurtenances thereunto belonging or in any manner thereunto appertaining, situate near Mt. Harmony, approximately 2,000 feet west of the Main Mt Harmony Road, in Winfield District, Marion County, West Virginia, and more particularly described as follows:
BEGINNING at a one inch iron pipe in the property line of Frank P. Summers and J. Grayce Summers (Deed Book No. 636, at Page 445), said corner bearing N. 86deg. 30' W. 179.48 feet from a corner common to John Henderson, Frank Summers and Clarence Nestor; and running thence S. 08deg. 49' E. 259.18 feet to a nail from which a 1 1/4 iron pin bears N. 08deg. 49' W. 2.95 feet distant (the nail is located in a northerly line of Homer H. Brown and Nellie L. Brown 0.22 acre parcel (Deed Book N. 742, at Page 455); thence with the line of Homer H. Brown and Nellie J. Brown, N. 82deg. 15' W. 33.08 feet to a 1 1/4 inch iron pin, a corner of Homer H. Brown and Nellie J. Brown and Clarence V. Nestor and Lucille Nestor; thence N. 88deg. 50' W. 122.66 feet to a 3/4 inch iron pipe, a corner of Billy G. Nestor; thence N. 11deg. 04' E. 258.04 feet to a 1 1/4 inch iron pope, in the line of Frank P. Summers and J. Grayce Summers; thence with the line of Summers, S. 86deg. 30' E. 66.27 feet to the beginning, containing 0.64 of an acre; together with the non-exclusive right of way and easement to use the hereinafter described parcel of real estate for the purposed of ingress, egress and regress, a roadway and outlet to and from the real estate above conveyed, which right of way begins at the northwest corner of Homer H. Brown's 0.22 acre parcel in the Billy Nestor line, and thence with the Homer H. Brown north line, N. 64deg. E. 148.50 feet to an iron pin, corner of Brown and John W. Nestor, said corner bearing on the northerly side of a present outlet road described in Brown's original deed; thence with the southerly boundary of John Nestor, N. 88deg. 50' W. 122.66 feet to an iron pope, corner in Billy Nestor's line; thence with Billy Nestor's line, S. 11deg. 04' W. 65.98 feet to the beginning, said roadway containing 0.09 of an acre.
Being the same property conveyed unto Karen Hanigan from Thomas E. Hanigan and Karen Hanigan by deed dated December 10, 2012, of record in the Clerk's Office in Deed Book 1124 at Page 794.
At the time of the execution of the Deeds of Trust, this property was reported to have an address of: 210 Mockingbird Lane, Fairmont, WV 26554.
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) There will be no proration of taxes, rents or other incomes or liabilities, except that the Purchaser will pay, at or before closing, his prorata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.
3) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code sect. 11-22-2.
4) 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.
5) 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.
6) 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.
7) 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 $13,000.00 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.
8) 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.
9) If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the deposit or, at the election of the foreclosure commissioner and after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder.
10) 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.
The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the borrower to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the Deeds of Trust are tendered to the Foreclosure Commissioner, in the form of a certified or cashier's check payable to the Secretary of HUD, before public auction of the property is completed.
The amount that must be paid if the Deeds of Trust are to be reinstated prior to the scheduled sale is $136,814.46 as of July 29, 2025, plus all other amounts that would be due under the Deeds of Trust if payments under the Deeds of Trust had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner's attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement.
Tender of payment by certified or cashier's check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.
Given under my hand this 18th day of August, 2025.
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
Posted Online 9 weeks ago
