Tax Map No.: 3A4-1-48
NOTICE OF DEFAULT AND FORECLOSURE SALE, made this 7th day of February, 2017, by Trevor B. Reid, Foreclosure Commissioner, grantee for indexing purposes
WHEREAS, on September 21, 2007, Elsie L. Pryor (“Borrower”), as grantor, executed a certain deed of trust (the “Deed of Trust”) in favor of PNC Mortgage, LLC, as beneficiary, and Samuel I. White, P.C., as trustee (all grantors for indexing purposes), which Deed of Trust was recorded in the Clerk’s Office of the Circuit Court of the County of Westmoreland on September 28, 2007, in Deed Book 775, page 714, and which encumbers the Property defined below;
WHEREAS, the Deed of Trust was insured by the United States Secretary of Housing and Urban Development (the “Secretary”), pursuant to the National Housing Act, for the purpose of providing single-family housing;
WHEREAS, the Deed of Trust is now owned by the Secretary, pursuant to a series of assignments recorded in the aforesaid Clerk’s office in Deed Book 775, page 732 and in Deed Book No. 875, page 0364;
WHEREAS, a default has been made in the covenants and conditions of the Deed of Trust, in that (1) the Borrower died on or about February 24, 2016; (2) the Property is not the principal residence of any surviving borrower; (3) pursuant to the terms of the Deed of Trust and a Notice of Intent to Foreclose served on August 16, 2016, the Secretary accelerated the indebtedness secured by the Deed of Trust and required payment of the full outstanding balance thereof by September 15, 2016; and (4) payment has not been made as required;
WHEREAS, the entire amount delinquent as of January 31, 2017, is $204,269.62; and
WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust to be immediately due and payable;
NOW, THEREFORE, pursuant to the powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. § 3751 et seq. (the “Act”), by 24 C.F.R. part 27, subpart B, and by the Secretary’s designation of me as Foreclosure Commissioner, recorded in the aforesaid Clerk’s Office on December 1, 2016, as Instrument Number 160002997, in Deed Book 890, page 7, notice is hereby given that on March 31, 2017, at 12:00 noon local time, all real and personal property at or used in connection with the following described premises (the “Property”) will be sold at public auction to the highest bidder:
ALL that certain lot or parcel of land in the Town of Colonial Beach, Westmoreland County, Virginia, designated and described by metes and bounds as Lot 48 on plat of survey of Riverside Meadows, by Jacoby and Associates, Inc., and Arthur D. Whittaker, C.L.S., dated May 8, 1972, recorded in the Clerk’s Office of the Circuit Court of Westmoreland County, Virginia, with a Certificate of Owner’s Consent to Subdivision in Deed Book 229, page 36.
BEING the same real estate conveyed to Jack A. Pryor and Elsie L. Pryor, husband and wife, as tenants by the entirety with the right of survivorship as at common law, by Deed from Bernice P. Williams, widow, dated May 18, 1989, recorded May 24, 1989, in the Clerk’s Office of the Circuit Court in the County of Westmoreland, Virginia, in Deed Book 364, page 584.
Commonly known as 300 Meadow Avenue, Colonial Beach, Virginia 22443.
The sale will be held on the front steps of the Westmoreland County Circuit Court, 175 Polk Street, Montross, Virginia 22520.
There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his pro-rata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.
When making their bids, all bidders except the Secretary must submit a deposit in the form of a certified check or cashier’s check made out to the Secretary of Housing and Urban Development. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit must be presented before the bidding is closed. In any case, the amount of the required deposit will be $20,430.00, or ten percent (10%) of the Secretary’s bid, whichever is less. The deposit is nonrefundable. The remainder of the purchase price must be delivered within thirty (30) days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier’s check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment, and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them.
The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for fifteen- (15-) day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier’s check made payable to the Secretary of Housing and Urban Development. 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.
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 cash deposit or, at the election of the Foreclosure Commissioner 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.
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 sale as provided herein. HUD does not guarantee that the Property will be vacant.
The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than three (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 Deed of Trust are tendered to the Foreclosure Commissioner, in the form of a certified or cashier’s check payable to the Secretary of Housing and Urban Development, before public auction of the Property is completed.
The amount that must be paid if the Deed of Trust is to be reinstated prior to the scheduled sale is $204,269.62 as of January 31, 2017, plus interest at the rate of $13.35 per diem after that date, plus all other amounts that would be due under the Deed of Trust if payments thereunder 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. This is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.
Date: February 7, 2017
Trevor B. Reid (VSB #77233)
6802 Paragon Place, Suite 300
Richmond, Virginia 23230-1655
Telephone: (804) 261-7323
Facsimile: (804) 627-0381
Bids for 2017
The Garland Lake HOA is soliciting bids for the 2017 mowing season. The total acreage is 12 acres, mostly along roadways in the Garland Lake Development. There will be between 7 and 9 cuttings per season depending on the amount of rainfall. Interested parties can call 703-994-1545 or email email@example.com for a detailed statement of work.
NOTICE OF PUBLIC HEARING
The Westmoreland County Planning Commission will hold a public hearing on Monday, April 3, 2017 in the public meeting room at the front entrance of the George D. English, Sr. Memorial Building, 111 Polk Street, Montross, Virginia starting at 1:30 p.m. The Westmoreland County Board of Supervisors will hold a public hearing on Wednesday, April 12, 2017 also in the public meeting room at the front entrance of the George D. English, Sr. Memorial Building, 111 Polk Street, Montross, Virginia starting at 6:00 p.m. at which time and place affected persons may appear and present their views on the following application.
Case # 1704-SE-01~ Lawrence E Johnson, 5028 Kings Highway, Colonial Beach, VA 22443- has requested a Special Exception to establish a Seafood Carry-Out restaurant in accordance with the Zoning Code requirement found in Article 2, Section 13, Subsection 3, in an Agricultural A-1, zoning district on property described as parcel 40M, as shown on tax map 11, Washington Magisterial District.
The Westmoreland County Planning Commission will hold a public hearing on Monday, April 3, 2017 in the public meeting room at the front entrance of the George D. English, Sr. Memorial Building, 111 Polk Street, Montross, Virginia starting at 1:30 p.m. at which time and place affected persons may appear and present their views on the following application.
Case # 1704-SV-01~ Pursuant to the Zoning and Subdivision regulations, Gray Construction, Inc., P.O. Box 369 Colonial Beach, VA 22443 has requested a Subdivision Code Variance to Article 2, Section 6, Subsection 2, and being further described as the division of a parent parcel into 9 lots of an exempt subdivision at one time rather than subdividing only one lot per year. The property is described as lot 1, as shown on zoning map 1, Washington Magisterial District.
Interested parties may attend and present their views on items under consideration for approval.
Copies of the applications are available for public review in the office of the Land Use Administrator in the George D. English, Sr. Memorial Building, Montross, VA., during regular business hours.
Individuals needing special accommodations should contact the Land Use Administration office ten (10) days prior to the hearing.
By Order of the Westmoreland County Planning Commission
Robert Fink, Zoning Administrator
TRUSTEE’S SALE OF 617 COLONIAL AVENUE, COLONIAL BEACH, VA 22443. In execution of a certain Deed of Trust dated June 2, 2005, in the original principal amount of $110,000.00 recorded in the Clerk’s Office, Circuit Court for Westmoreland County, Virginia, in Book 683 at Page 580 . The undersigned Substitute Trustee will offer for sale at public auction in the front of the Circuit Court building for Westmoreland County, Court Square, Montross, VA 22520 on April 6, 2017 , at 11:30 AM, the property described in said Deed of Trust, located at the above address, and more particularly described as follows: ALL THAT CERTAIN LOT OR PARCEL OF LAND LYING AND BEING IN THE TOWN OF COLONIAL BEACH, WESTMORELAND COUNTY, VIRGINIA, KNOWN AND DESCRIBED BY THE PLOT AND SURVEY OF SAID TOWN AS LOT 72 OF THE M.K. JACKSON SUBDIVISION THEREOF. THIS LOT FRONTS 40 FEET ON COLONIAL AVENUE AND EXTENDS BACK BETWEEN PARALLEL LINES FOR A DISTANCE OF 150 FEET. TERMS OF SALE: ALL CASH. A bidder’s deposit of ten percent (10%) of the sale price or ten percent (10%) of the original principal balance of the subject Deed of Trust, whichever is lower, in the form of cash or certified funds payable to the Substitute Trustee must be present at the time of the sale. The balance of the purchase price will be due within fifteen (15) days of sale, otherwise Purchaser’s deposit may be forfeited to Trustee. Time is of the essence. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled to a return of the deposit paid. The Purchaser may, if provided by the terms of the Trustee’s Memorandum of Foreclosure Sale, be entitled to a $50 cancellation fee from the Substitute Trustee, but shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney. Additional terms to be announced at the sale. A form copy of the Trustee’s memorandum of foreclosure sale and contract to purchase real property is available for viewing at www.bwwsales.com. This is a communication from a debt collector and any information obtained will be used for that purpose. The sale is subject to seller confirmation. Substitute Trustee: Equity Trustees, LLC, 2101 Wilson Blvd., Suite 402, Arlington, VA 22201. For more information contact: BWW Law Group, LLC, attorneys for Equity Trustees, LLC, 6003 Executive Blvd, Suite 101, Rockville, MD 20852, 301-961-6555, website: www.bwwsales.com.
TOWN OF COLONIAL BEACH
SPECIAL LEAF AND YARD
Please take notice that leaf and yard debris will be picked up during the week of March 27th through March 31, 2017.
Yard debris will be picked up at the curb on the same day of the week as your normal refuse collection.
Please place your leaves in bags and your bundled yard debris at the curb by 7:00 a.m. on the morning of your regularly scheduled household refuse pick-up.
Thursday, April 6, 2017
George D. English, Sr. Memorial Building
111 Polk Street
Montross, Virginia 22520
A public meeting will be conducted by representatives of Bay Transit and Westmoreland County Administration to receive public input on possible service enhancements to Bay Transit operations within Westmoreland County. Residents are encouraged to attend to discuss their public transportation needs, concerns and/or comments regarding public transportation services in Westmoreland County.
By Order of the Westmoreland County
Board of Supervisors
Norm Risavi, County Administrator
RESIDENTS OF DRUM BAY, TIDWELLS AND
GLEBE HARBOR/CABIN POINT
SEWER PROJECT AREA
ADDITIONAL SEWER TAP AVAILABILITY MEETING
Westmoreland County will hold a public meeting for residents who did not sign up for sewer service during the initial signup period. The purpose of this meeting is to determine the level of interest from residents who have contacted the county about connecting to the system. The county anticipates having some surplus funds from the project savings which would possibly allow us to offer a reduced tap fee to individuals desiring to connect to the system.
In order to make that determination, we will require individuals to attend this meeting and make application for service to allow our engineers to determine the cost to extend service to your property based upon the number of citizens desiring connections. The county will then prepare a proposal for each requestor informing you of the cost for the tap fee. If you accept the proposal, you will be required to sign a user agreement and pay the tap fee to complete the process to receive service to your property.
This meeting is scheduled to be held on Wednesday, March 29, 2017, at 10:00 a.m., at the Glebe Harbor/Cabin Point Clubhouse located at 751 Glebe Harbor Drive, Montross, VA 22520.
By Order of the Westmoreland County Board of Supervisors
Norm Risavi, County Administrator