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COMMISSIONER'S SALE

In order to comply with the orders of the Fayette Circuit Court, the Commissioner will sell the property described in the following action on the date shown below at the hour of 12:00 noon in the ROBERT F. STEPHENS COURTHOUSES, FAYETTE CIRCUIT COURT BUILDING, 120 NORTH LIMESTONE, Lexington, Kentucky. A bailiff will direct you to the appropriate room. Said property shall be sold to raise the amounts hereinafter set forth, together with interest and the costs of the action, and upon the (unless otherwise indicated) following terms and conditions.

(A)  At the time of sale the successful bidder shall either pay cash or make a deposit of 10% of the purchase price with the balance on credit for thirty (30) days.  In the event the successful bidder desires or elects to credit the balance, he or she will be required to post bond and furnish an acceptable surety thereon.  Said bond shall be for the unpaid purchase price and bear interest at the rate the judgement bears, from the date of sale until paid in full, and shall have the force and effect of a judgement. The bond interest rate charged on any unpaid balance is listed for each case shown in Upcoming Sales.

(B)  The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current fiscal tax year (i.e. the amount that will be due thru June 30, 2020y) and all subsequent years. All other delinquent taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser within ten (10) days from the date of sale.

(C)  The property shall otherwise be sold free and clear of any right, title and interest of all parties to the action and of their liens and encumbrances thereon, excepting easements and restrictions of record in the Fayette County Court Clerk's Office and such right of redemption as may exist in favor of the United States of America or the defendant(s).

UPCOMING SALE DATES


Monday, September 30, 2019

Sale #1

Lexington-Fayette Urban County Governmen vs. BILLIE J. ABNER, et al (Action No. 16-CI-04625, to raise the principal amount of $6073.53, together with interest at the rate of 6%, charges and costs).

100 THOMPSON ROAD

Beginning at an iron pin in the East property line of Thompson Road at a point corner to Lots Nos. 1 and 2, Block “C”, of the Melrose Addition, as shown in Plat Cabinet E, Slide 356, in the Fayette County Clerk’s Office, said point being 200 feet North of a 300 foot street and 150 feet southerly from the southerly line of the Leestown Pike; thence with the easterly line of Thompson Road in a northerly direction 50 feet to an iron pike; thence at right angles to Thompson Road in an easterly direction 100 feet more or less, to an iron pin; corner with the Southern Railroad; thence with the westerly line of the Southern Railroad in a southerly direction 59 feet to an iron pin; thence in a westerly direction with the division line between Lots Nos. 1 and 2, of Block “C” of said Melrose Addition 132 feet to the point of beginning, and being the southerly 50 feet of said Lot No. 1, of Block “c” of the Melrose Addition; the improvements thereon being known and designated as 100 Thompson Road; and Being the same property conveyed to James E. Abner and Billie J. Abner, his wife, by deed dated September 29, 1997 which appears of record in Deed Book 1938 at Page 257 in the Fayette County Clerk’s Office. James E. Abner died on January 23, 2009, as evidenced in Case Number 09-P-184 filed in Fayette District Court. James E. Abner’s fee simple interest passed to Billie J. Abner upon his death pursuant to the survivorship clause in the Deed.

Plaintiff's Attorney: Michael R. Sanner, Lexington, KY
Appraisal Amount: $40,000.00

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Sale #2

The Bank of New York vs. BARRY L. BENTLEY, et al (Action No. 17-CI-01762, to raise the principal amount of $155,451.61, together with interest at the rate of 6.875%, charges and costs).

4501 GRAVES DRIVE (A/K/A 365 ASHMOOR DRIVE)

Situated in the City of Lexington, County of Fayette, and State of Kentucky: Being all of Lot No. 1, Block K, of the South Point Subdivision, Unit 2-C, to the City of Lexington, Fayette County, Kentucky, as shown by map or plat thereof of record in Plat Cabinet B, Slide 227, (formerly Plat Book 31, Page 51), in the Fayette County Clerk’s Office; and the improvements thereon being known and designated as 4501 Graves Drive (a/k/a 365 Ashmoor Drive), Lexington, Kentucky. Being the same property conveyed to Barry L. Bentley and Gena G. Bentley, husband and wife, from Diana L. Davis, a single person, by Deed dated May 22, 2000, and recorded May 25, 2000, in Deed Book 2131, Page 327, in the records of the Fayette County Court Clerk.

Plaintiff's Attorney: David E. Johnson, Cincinnati, OH
Appraisal Amount: $225,000.00

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Sale #3

Lakeview Loan Servicing vs. CHRISTOPHER METCALF, et al (Action No. 18-CI-04558, to raise the principal amount of $126,426.18, together with interest at the rate of 4.375%, charges and costs).

487 WANSTEAD WAY

Being all of Lot No. 24, Block "G", Unit 1-E, of the Rookwood Subdivision, to the City of Lexington, Fayette County, Kentucky, as shown by plat of record in Plat Cabinet C, Slide 584, in the Fayette County Clerk's Office; to which reference is hereby made for a more particular description of the property; the improvements thereon being known and designated as 487 Wanstead Way. Subject to and together with all easements, restrictions and legal highways, if any, of record. Being the same property conveyed to Christopher Metcalf, unmarried by Deed, dated August 21, 2017 recorded on August 28, 2017 in Book 3520, Page 297 of the Clerk's Office of Fayette County Kentucky.

Plaintiff's Attorney: Mark N. Dierks, Florence, KY
Appraisal Amount: $128,000.00

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Sale #4

ROUNDPOINT MORTGAGE SERVICING CORP. vs. LORA FLORENCE, et al (Action No. 19-CI-02252, to raise the principal amount of $115,028.18, together with interest at the rate of 3.75%, charges and costs).

637 MORGAN HILLS DRIVE

Being all of Lot 68, Unit 1-A of Country Hills Subdivision, to the City of Lexington, Fayette County, Kentucky, a map or plat of which appears of record in Plat Cabinet K, Slide 124, in the Fayette County Clerk's Office; the improvements thereon being known and designated as 637 Morgan Hills Drive, Lexington, Kentucky. Being the same property conveyed to Lora Florence, an unmarried woman, from Wilma Janice Jackson, an unmarried woman, by Deed dated December 18, 2018, and recorded December 24, 2018, in Deed Book 3284, Page 125, records of the Fayette County Court Clerk.

Plaintiff's Attorney: Stephanie A. Maguire, Cincinnati, OH
Appraisal Amount: $150,000.00

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Sale #5

Kentucky Housing Corporation vs. NICOLE D. HAY, et al (Action No. 19-CI-02423, to raise the principal amount of $58,260.74, together with interest at the rate of 6.5%, charges and costs).

1018 TRENT BOULEVARD

Being all of Lot 32, Block I, Unit 3, Section 1-C, of the Tatesbrook Subdivision, to the City of Lexington, Fayette County, Kentucky, as shown by map or plat thereof of record in Plat Cabinet D, Slide 383, in the Office of the Fayette County Court Clerk; the improvements being known and designated as 1018 Trent Boulevard, Lexington, Kentucky. Being the same property conveyed to Coleman G. Hay and Nicole D. Hay, husband and wife, by deed dated May 17, 2002 and recorded in Deed Book 2279, Page 631, in the Office of the Clerk of Fayette County, Kentucky. Coleman G. Hay died March 6, 2009 vesting all right title in Nicole D. Hay by virtue of the survivorship clause in the above referenced deed.

Plaintiff's Attorney: BEN L. RETTIG, Louisville, KY
Appraisal Amount: $100,000.00

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Sale #6

Lexington-Fayette Urban County Governmen vs. ALLEN C. HARGIS ESTATE, et al (Action No. 19-CI-00365, to raise the principal amount of $5,465.05, together with interest at the rate of 6%, charges and costs).

549 SHELBY STREET

All that tract or parcel of land situated in the City of Lexington, County of Fayette, Commonwealth of Kentucky, known as 549 Shelby Street, and more particularly described as follows, to-wit: Being at a point on the North side of Shelby Street, 100 feet East of Magoffin Street; thence along Shelby Street in an Easterly direction 33.5 feet to the line of the property conveyed by Fannie Potts Muirto Bowman; thence along the line of Bowman in a Northerly direction 172 feet, more or less, to the Belt Line Railway right-of-way; thence with said right-of-way in a Westerly direction 33.5 feet to Lot No. 2, Block 9, of the Loudon Park Addition to the City of Lexington; thence with the line of the last mentioned lot in a Southerly direction 172 feet to the point of beginning, and being part of Lot No. 3, of Block 9, in what is known as the Loudon Park Addition to the City of Lexington, Kentucky, a plat of which is of record in Plat Cabinet E, Slides 30 and 31 (f/k/a Plat Book 1, Pages 30 and 31) in in the Fayette County Clerk’s Office; and Being all of the same property conveyed to Allen C. Hargis and Emma J. Hargis, husband and wife, by deed dated January 23, 1973, of record in Deed Book 1069, Page 341, in the Fayette County Clerk’s Office. Emma Joan Hargis predeceased Allen Cecil Hargis, as evidenced by Will of record in Will Book 130, Page 351, in the Fayette County Clerk’s Office. Title vested in Allen C. Hargis, by survivorship. Allen C. Hargis died intestate on April 18, 2018, as evidenced by Petition for Probate filed in 18-P-942, Fayette District Court.

Plaintiff's Attorney: Michael R. Sanner, Lexington, KY
Appraisal Amount: $60,000.00

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Sale #7

CONTINENTAL TOWERS CONDOMINIUM ASSOC. vs. MARK NUTTER, et al (Action No. 19-CI-01664, to raise the principal amount of $4,800.00, together with interest at the rate of 8%, charges and costs).

2121 NICHOLASVILLE ROAD, UNIT 508

Being all of the Unit Number # 508, of the Continental Towers Condominium, a horizontal property regime, together with the percentage interest of .6422 % in the common elements, thereto, as set out in Master Deed and Declaration dated November 16, 1979, and recorded in Deed Book 1241, Page 185, and in Condominium Deed Book 3, Page 575, and First Amendment to Master Deed and Declaration of Horizontal Property Regime for Continental Towers, dated December 15, 1979, and recorded in Deed Book 1243, Page 627, and Condominium Deed Book 3, Page 708, and as shown on the plans of same of record in Plat Cabinet G, Slides 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 102 and 108, inclusive, in the Fayette County Clerk's Office. Being the same property conveyed to Mark Nutter and Tricia Nutter, married, by deed dated July 21, 2003 and recorded in Condominium Deed Book 51, Page 181 in the Office of the Fayette County Clerk and being the same property conveyed to Anutter One Properties LLC by deed dated March 23, 2004 and recorded in Condominium Deed Book 53, Page 510 in the Office of the Fayette County Clerk, and having an address of 2121 Nicholasville Road, Unit 508, Lexington, Fayette County, Kentucky 40503.

Plaintiff's Attorney: RICHARD P. JOHNSON, Lexington, KY
Appraisal Amount: $64,000.00

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Sale #8

HSBC Bank vs. DONALD P. MARQUESS, et al (Action No. 15-CI-02351, to raise the principal amount of $418,915.47, together with interest at the rate of 4%, charges and costs).

407 HART ROAD

All improvements thereon and appurtenances thereunto belonging, located in the County of Fayette, State of Kentucky, and more fully described as follows, to-wit: Being all of Lot Number 754, Unit 7, of Chevy Chase Subdivision, as shown on the Plat thereof of record in Plat Cabinet E, at Slide 487, in the Office of the Clerk of Fayette County and to which plat reference is hereby made for a more particular description of said lot. Being the same property conveyed to Donald P. Marquess, single, from MAP Real Estate, LLC by Deed dated December 28, 2007 and recorded at Deed Book 2781, Page 301 in the records of the Fayette County Clerk.

Plaintiff's Attorney: David E. Johnson, Cincinnati, OH
Appraisal Amount: $575,000.00

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Sale #9

Lexington-Fayette Urban County Governmen vs. ALAN UT CHAU, et al (Action No. 16-CI-04634, to raise the principal amount of $4,556.00, together with interest at the rate of 6%, charges and costs).

562 EAST SEVENTH STREET

Beginning at a point on the South side of East Seventh Street 80 feet West of the Southwest corner of the intersection of Seventh Street and Jackson Street; thence along the South line of East Seventh Street in the westerly direction 35 feet to a ten-foot alley; thence with the East line of said alley in a Southerly direction 74 feet corner to George O’Leary; thence with O’Leary’s line in an Easterly direction 35 feet; corner to O’Leary and Overstreet; thence with Overstreet’s line and Lawson’s line 74 feet to Seventh Street the point of beginning, being the rear 35 feet off of the house and lot on the Southwest corner of Jackson and Seventh Street and the house directly South of it; Being the same property conveyed to Arnita Jewell Lawrence (a/k/a Arnita Plowman) from James L. Jefferson and Marjorie Jefferson, husband and wife, and Robert C. Stilz and Mildred K. Stilz, husband and wife, by deed dated September 6, 1972, of record in Deed Book 1058, Page 59. At Anita Plowman’s death, a life estate was granted to Leonard Plowman, with the property to be conveyed to Anita Ernistine Doan at his death, of record in Will Book 82, Page 235. Anita E. Doan (erroneously referred to as Arnita Jewell Lawrence) and William R. Doan, wife and husband, conveyed title to Alan Chau, unmarried, and Phyllis Nichols, unmarried, by deed dated August 17, 2001, of record in Deed Book 2229, Page 726. Phyllis Nichols, single, conveyed title to Alan Ut Chau, single, by deed dated October 26, 2004, of record in Deed Book 2503, Page 654, in the Office of the Fayette County Clerk.

Plaintiff's Attorney: MEGAN J. GRIFFITH, Lexington, KY
Appraisal Amount: $25,000.00

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Sale #10

Central Bank & Trust Co. vs. WILLIAM FRALEY, et al (Action No. 19-CI-02169, to raise the principal amount of $123,625.74, together with interest at the rate of 9.5%, charges and costs).

3829 GLADMAN WAY

Being all of Lot 8, Block C, Unit 2-A of the Grasmere Subdivision, Lexington, Fayette County, Kentucky, as shown of record in Plat Cabinet A, Slide 759 in the Office of the Fayette County Clerk, said premises being known and designated as 3829 Gladman Way, Lexington, Kentucky; and Being the same property conveyed to William L. Fraley and Dian Fraley, husband and wife, by deed dated the 22nd of October, 1998 and of record in Deed Book 2015, Page 662 in the Office of the Fayette County Clerk.

Plaintiff's Attorney: Tyler Powell, Lexington, KY
Appraisal Amount: $210,000.00

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Sale #11

Midfirst Bank vs. DAVID W. MCINTOSH, et al (Action No. 18-CI-04380, to raise the principal amount of $93,753.89, together with interest at the rate of 6.25%, charges and costs).

301 BAINBRIDGE DRIVE UNIT J

Being all of Lot 10, Block "A", Unit 1-A of the Crestview Subdivision, to the City of Lexington, Fayette County, Kentucky, as shown by plat of record in Plat Cabinet D, Slide 665, in the Fayette County Clerk's Office, to which reference is hereby made for a more particular description of the property; the improvements thereof being known and designated as 301 Bainbridge Drive Unit J, Lexington, Kentucky. Being the same property conveyed to David W. Mcintosh, an unmarried person and Kathleen M. Mcintosh, and Everett E. Mcintosh, wife and husband, in fee simple to the survivor, by virtue of a deed from Marsha Clubb, formerly known as Marsha C. Klaiber, an unmarried person, dated June 05, 2007, filed June 20, 2007, recorded in Deed Book 2735, Page 432, County Clerk's Office, Fayette County, Kentucky. Being the same property acquired by David W. Mcintosh, in fee simple, upon the death of Kathleen M. Mcintosh, on October 27, 2016, and the death of Everett E. Mcintosh, on February 10, 2017, by virtue of the survivorship language contained in the deed from Marsha Clubb, formerly known as Marsha C. Klaiber, an unmarried person, dated June 05, 2007, filed June 20, 2007, recorded in Deed Book 2735, Page 432, County Clerk's Office, Fayette County, Kentucky.

Plaintiff's Attorney: Ryan F. Hemmerle, Columbus, OH
Appraisal Amount: $110,000.00

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Sale #12

Lexington-Fayette Urban County Governmen vs. ROGER L. MCCOY ESTATE, et al (Action No. 19-CI-01875, to raise the principal amount of $5,850.00, together with interest at the rate of 6%, charges and costs).

937 DARLEY DRIVE

All that tract or parcel of land located in Fayette County, Kentucky, and being more particularly described as follows, to-wit: All of Lot No. 22, in Block “H”, of the Meadows Subdivision Unit 3-A, to the City of Lexington, as shown by map and plat thereof, of record in Plat Cabinet E, Slide 611 (f/k/a Plat Book 4, Page 49), Fayette County Clerk’s Office, and to which said map and plat reference is hereby made for a more particular description of said property; the improvements thereon being known and designated as 937 Darley Drive; and Being the same property conveyed to Roger L. McCoy and Lita McCoy, husband and wife, by deed dated September 4, 1953, of record in Deed Book 546, Page 64, in the Fayette County Clerk’s Office. Lita McCoy died intestate on, or about, October 5, 1989. Title vested in Roger L. McCoy, by survivorship. Roger L. McCoy died intestate on, or about, September 30, 1996. Petition for Probate filed in 96-P-1969, Fayette District Court, by Sarah Jane M. White, naming Mary M. McCoy as an heir.

Plaintiff's Attorney: Michael R. Sanner, Lexington, KY
Appraisal Amount: $73,000.00

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Sale #13

PHH Mortgage Corporation vs. ERICA BREWTON, et al (Action No. 19-CI-01172, to raise the principal amount of $117,324.20, together with interest at the rate of 4.75%, charges and costs).

3198 BEAVER CREEK DRIVE

Being all of Lot No. 1, Block ″Q″, Unit 8-B, of the East Hills Subdivision, Lexington, Fayette County, Kentucky, as shown by map or plat thereof of record in Plat Cabinet D, Slide 518, in the Fayette County Clerk's Office, said property being also known as 3198 Beaver Creek Drive. Being the same property conveyed to Erica Brewton, a single woman, from Carla J. Evenson, a single woman, by Deed dated July 27, 2018 and recorded in Deed Book 3601, Page 512 in the records of the Fayette County Clerk.

Plaintiff's Attorney: Kerri N. Bruckner, Cincinnati, OH
Appraisal Amount: $120,000.00

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Sale #14

Wells Fargo Bank vs. ZACHARY SHEPHERD, et al (Action No. 17-CI-04486, to raise the principal amount of $129,982.26, together with interest at the rate of 3.875%, charges and costs).

2528 CHECKERBERRY DRIVE

The following described property located in Fayette County, Commonwealth of Kentucky: Being all of Lot 10, Block E, Unit 1-F of the Danby Corners Subdivision to the City of Lexington, Fayette County, Kentucky, as shown by map or plat thereof of record in Plat Cabinet K, Slide 392, in the Office of the Fayette County Court Clerk; the improvements thereon being known and designated as 2528 Checkerberry Drive, Lexington, Kentucky; and Being the same property conveyed to Zachary Shepherd and Tabitha Shepherd, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from Barry Haney and Judy Haney, Trustees, or their Successors in Trust, under the Ronnie Bruce Haney Third Party Irrevocable Supplemental Needs Trust Dated October 2, 2009, dated June 13, 2014, recorded June 18, 2014, at Deed Book 3243, Page 45, Fayette County, Kentucky records.

Plaintiff's Attorney: Ryan F. Hemmerle, Columbus, OH
Appraisal Amount: $175,000.00

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