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NOTICE OF TRUSTEE'S SALE NOTI...
NOTICE OF TRUSTEE'S SALE
NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated October 3, 2017 executed by Borrower(s), James J. Deakins and Kristen Marie Deakins, to Douglas McElwee, the Trustee of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 989, at Page 502. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 5 Madiston St, Montgomery, WV 25136. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 2, 2026, of record in the Clerk's Office. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Fayette County, in Fayetteville, West Virginia, on the following date:
9th day of April, 2026
at 11:30 a.m.
All those certain lots or parcels of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate lying and being in the City of Montgomery, Fayette County, West Virginia, and being more particularly described as follows:
TRACT I: Beginning at a point corner to Lot No. 19 on First Avenue, thence N. 83° 34' E. 40 feet to a point on Madison Street, thence with said street 0° 26' E. 94 feet to a point on the old Giles, Fayette and Kanawha Turnpike; thence with said turnpike S. 74° 40' W. 40 feet to a point, corner to Lot 19; thence with the boundary of said Lot 19 0° 26' W. 101 feet to the beginning and being all of Lot 20 in Block 3 as shown on the I. J. Settle Map of Coal Valley now Montgomery, West Virginia, revised by H. A. Gentry, and recorded in the Fayette County Clerk's office.
There is excepted and reserved from this conveyance a parcel of land described as follows:
Beginning at the southwest corner of Lot No. 20 in Block 3 of the Subdivision of the Montgomery Heirs, thence with the line of said Lot No. 20 N. 74° 40' E. 3 feet; thence N. 3° 46' W. 673 feet to a point on the original division line between Lots No. 19 and 20; thence with the original division line S. 1° 10' E. 67.8 feet to the beginning, containing 102.7 square feet, more or less, and being a part of Lot No. 20 in Block 3 as aforesaid.
There is excepted and reserved from litis conveyance all coal, oil, gas and other minerals underlying the same as reserved in the deed herein referred to and the exception and reservation contained in the deed herein referred to are made a part of this deed as though set forth herein.
TRACT II: Beginning at the northwest corner of Lot No. 20, Block 3 of the Subdivision of the Montgomery Heirs, thence with the front line of said Lot No. 19 S. 83° 43' W. 1 foot 6/12 inches; thence S. 3° 46' E. 33.2 feet to a point on the original line between Lots No. 19 and 20 and with said line N. 1° 10' W. 33.3 feet to the beginning, containing 30.2 square feet, more or less, and being a part of Lot No. 19, Block 3, as aforesaid.
AND BEING the same property conveyed to Earl Waytowich and Velvett Waytowich, his wife, as joint tenants with rights of survivorship, from Roger L. Sherman and Charlotte Sherman, his wife, and Jonathan Sherman, by deed dated July 29. 2003, and recorded August 20, 2003, in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 597, at page 350. Also being the same property conveyed to James J. Deakins and Kristen Marie Deakins, husband and wife, from Earl Waytowich and Velvett Waytowich, by deed recorded on October 6, 2017, in Book 755, Page 44. References to the map and deeds are made for a more particular description of the property conveyed herein.
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 § 11-22-1.
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 Trustee 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 Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said 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)Pursuant to the Financial Crimes Enforcement Network's Residential Real Estate Reporting Rule (31 C.F.R. Part 1031), effective March 1, 2026, certain non-judicial foreclosure sales involving purchasers that are legal entities or trusts and that include cash consideration may be subject to federal reporting requirements. Any successful bidder that is a legal entity or trust and paying cash shall be required, as a condition of sale, to retain a licensed West Virginia attorney to conduct the closing, who shall be designated in writing as the Reporting Person responsible for all required FinCEN filings and record retention. Trustee shall not act as the Reporting Person and shall have no responsibility for compliance with FinCEN reporting requirements.
7)The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
WV Trustee Services, LLC,
Substitute Trustee
BY: /s/Jim Ashley
Jim Ashley, Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853-3336
jim.ashley@wvtrusteeservices.com
NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated October 3, 2017 executed by Borrower(s), James J. Deakins and Kristen Marie Deakins, to Douglas McElwee, the Trustee of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Book 989, at Page 502. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 5 Madiston St, Montgomery, WV 25136. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 2, 2026, of record in the Clerk's Office. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Fayette County, in Fayetteville, West Virginia, on the following date:
9th day of April, 2026
at 11:30 a.m.
All those certain lots or parcels of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate lying and being in the City of Montgomery, Fayette County, West Virginia, and being more particularly described as follows:
TRACT I: Beginning at a point corner to Lot No. 19 on First Avenue, thence N. 83° 34' E. 40 feet to a point on Madison Street, thence with said street 0° 26' E. 94 feet to a point on the old Giles, Fayette and Kanawha Turnpike; thence with said turnpike S. 74° 40' W. 40 feet to a point, corner to Lot 19; thence with the boundary of said Lot 19 0° 26' W. 101 feet to the beginning and being all of Lot 20 in Block 3 as shown on the I. J. Settle Map of Coal Valley now Montgomery, West Virginia, revised by H. A. Gentry, and recorded in the Fayette County Clerk's office.
There is excepted and reserved from this conveyance a parcel of land described as follows:
Beginning at the southwest corner of Lot No. 20 in Block 3 of the Subdivision of the Montgomery Heirs, thence with the line of said Lot No. 20 N. 74° 40' E. 3 feet; thence N. 3° 46' W. 673 feet to a point on the original division line between Lots No. 19 and 20; thence with the original division line S. 1° 10' E. 67.8 feet to the beginning, containing 102.7 square feet, more or less, and being a part of Lot No. 20 in Block 3 as aforesaid.
There is excepted and reserved from litis conveyance all coal, oil, gas and other minerals underlying the same as reserved in the deed herein referred to and the exception and reservation contained in the deed herein referred to are made a part of this deed as though set forth herein.
TRACT II: Beginning at the northwest corner of Lot No. 20, Block 3 of the Subdivision of the Montgomery Heirs, thence with the front line of said Lot No. 19 S. 83° 43' W. 1 foot 6/12 inches; thence S. 3° 46' E. 33.2 feet to a point on the original line between Lots No. 19 and 20 and with said line N. 1° 10' W. 33.3 feet to the beginning, containing 30.2 square feet, more or less, and being a part of Lot No. 19, Block 3, as aforesaid.
AND BEING the same property conveyed to Earl Waytowich and Velvett Waytowich, his wife, as joint tenants with rights of survivorship, from Roger L. Sherman and Charlotte Sherman, his wife, and Jonathan Sherman, by deed dated July 29. 2003, and recorded August 20, 2003, in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 597, at page 350. Also being the same property conveyed to James J. Deakins and Kristen Marie Deakins, husband and wife, from Earl Waytowich and Velvett Waytowich, by deed recorded on October 6, 2017, in Book 755, Page 44. References to the map and deeds are made for a more particular description of the property conveyed herein.
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 § 11-22-1.
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 Trustee 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 Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said 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)Pursuant to the Financial Crimes Enforcement Network's Residential Real Estate Reporting Rule (31 C.F.R. Part 1031), effective March 1, 2026, certain non-judicial foreclosure sales involving purchasers that are legal entities or trusts and that include cash consideration may be subject to federal reporting requirements. Any successful bidder that is a legal entity or trust and paying cash shall be required, as a condition of sale, to retain a licensed West Virginia attorney to conduct the closing, who shall be designated in writing as the Reporting Person responsible for all required FinCEN filings and record retention. Trustee shall not act as the Reporting Person and shall have no responsibility for compliance with FinCEN reporting requirements.
7)The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
WV Trustee Services, LLC,
Substitute Trustee
BY: /s/Jim Ashley
Jim Ashley, Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853-3336
jim.ashley@wvtrusteeservices.com
Posted 10 weeks ago
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