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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, February 24, 2020

Sale #1

Fifth Third Bank vs. BRAD E. BLACK, et al (Action No. 19-CI-01013, to raise the principal amount of $115,335.60, together with interest at the rate of 4.5%, charges and costs).

2873 BURNT MILL ROAD

BEING all of Lot No. 16, Block “1-A”, Section 2 of the Sebastian Property Subdivision to the City of Lexington, Fayette County, Kentucky, as shown by plat thereof of record in Plat Cabinet L, Slide 556, in the Fayette County Clerk's Office; and the improvements thereon being known and designated as 2873 Burnt Mill Road, Lexington, Kentucky. Being the same property conveyed to Bradley E. Black and Ashley Black, husband and wife, from Johnathan D. Sams and Bethany Sams, his wife, by Deed dated April 30, 2012, and recorded May 8, 2012, in Deed Book 3071, Page 38, records of the Fayette County Court Clerk. Being the same property conveyed to Bradley Elliott Black, from Ashley Nicole Metcalf Black, by Deed recorded June 17, 2015, in Deed Book 3320, Page 463, records of the Fayette County Court Clerk.

Plaintiff's Attorney: Lori R. Leach, Cincinnati, OH
Appraisal Amount: $175,000.00

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Sale #2

Bank of New York vs. MAYME J. SALYERS, et al (Action No. 19-CI-03605, to raise the principal amount of $88,572.60, together with interest at the rate of 3.25%, charges and costs).

650 BELLAIRE AVENUE

All that tract or parcel of land with the improvements thereon known as 650 Bellaire Avenue, in the City of Lexington, Fayette County, Kentucky, beginning at the Southeast corner of the intersection of Bellaire Avenue and West Seventh Street (nka Delcamp Drive), extending along Bellaire Avenue a distance of fifty (50) feet South; thence in an Easterly direction a distance of one hundred and seventeen (117) feet along the line of the lot immediately South (Waggoner Lot); thence in a Northerly direction a distance of fifty (50) feet along the line of the Lot immediately East (Bishop Lot); thence in a Westerly direction a distance of one hundred and seventeen (117) feet along the line of West Seventh Street (nka Delcamp Drive), to the point of beginning, the improvements thereon being known and designated as 650 Bellaire Avenue. Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence. Being the same property conveyed from Dorcas L. Peters and Thomas Peters, wife and husband, to Mayme J. Salyers, a single person, by virtue of a deed dated May 5, 1999 and recorded May 13, 1999 at Deed Book 2051, Page 441 of the Fayette County, Kentucky real estate records.

Plaintiff's Attorney: Philip S. George III, Newport, KY
Appraisal Amount: $92,000.00

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Sale #3

Wells Fargo Bank vs. ERIC GENTRY, et al (Action No. 19-CI-03385, to raise the principal amount of CANCELED, together with interest at the rate of 4.125%, charges and costs).

449 LUCILLE DRIVE

The following described property located in Lexington, Fayette County, Commonwealth of Kentucky: Being all of Lot 41, Unit 6-C of the Masterson Station Subdivision, to the City of Lexington, Fayette County, Kentucky, as shown by plat of record in Plat Cabinet K, Slide 721, in the Fayette County Clerk's Office, to which reference is made for a more particular description of the property; the improvements thereon being known and designated as 449 Lucille Drive; and Being the same property conveyed to Eric Gentry and Tara Gentry, husband and wife who acquired title, with rights of survivorship, by virtue of a deed from Keshia R. Sears and Andrew B. Sears, wife and husband, dated October 16, 2015, recorded October 21, 2015, at Deed Book 3352, Page 269, Fayette County, Kentucky records.

Plaintiff's Attorney: CHRIS WILEY, Columbus, OH
Appraisal Amount: CANCELED

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Sale #4

Wells Fargo Bank vs. SHAMANE HOWE, et al (Action No. 18-CI-01066, to raise the principal amount of $213,722.71, together with interest at the rate of 3.375%, charges and costs).

646 CIELO VISTA ROAD

Located in the County of Fayette, State of Kentucky, described as follows, to wit: Being all of Lot No. 250, Unit 3, Phase 2, of the Greendale Hills Subdivision, to the City of Lexington, Fayette County, Kentucky, as shown by plat of record in Plat Cabinet N, Slide 469 in the Fayette County Clerk’s Office; to which reference is made for a more particular description of the property; the improvements thereon being known and designated as 646 Cielo Vista Road. Being the same property conveyed to Shamane Howe, a single person, from Michael S. Jordan and Nickie M. Jordan, husband and wife, by Deed dated April 29, 2016, and recorded May 3, 2016, in Deed Book 3394, Page 27, in the records of the Fayette County Court Clerk.

Plaintiff's Attorney: Lori R. Leach, Cincinnati, OH
Appraisal Amount: $255,000.00

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Sale #5

Lakeview Loan Servicing vs. JOHN KEVIN CLAY, et al (Action No. 19-CI-03596, to raise the principal amount of $76,475.77, together with interest at the rate of 4.875%, charges and costs).

1705 BREWER DRIVE

Being all of Lot No. 3, Block "D", Unit 4-C, of Dreamland Subdivision to the City of Lexington, Fayette County, Kentucky, as shown by map of plat thereof of record in Plat Cabinet B, Slide 17, the improvements thereon being known and designated as 1705 Brewer Drive. Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence. Being the same property conveyed from Robert Lee, Jr. and Charlotte Lee, husband and wife, to John Kevin Clay and Stephanie Lynn Clay, husband and wife, jointly for and during their natural lives with remainder in fee simple unto the survivor of them by virtue of a deed dated May 4, 2000 and recorded May 4, 2000 at Deed Book 2127, Page 488 of the Fayette County, Kentucky real estate records.

Plaintiff's Attorney: Philip S. George III, Newport, KY
Appraisal Amount: $130,000.00

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Sale #6

Finance of America Reverse, LLC vs. DARRYL A. JONES, et al (Action No. 19-CI-03160, to raise the principal amount of $79,721.56, together with interest at the rate of 2.54%, charges and costs).

950 WAVERLY DRIVE

All of Lot No. 12, Block D, Unit #6, St. Martin's Village, a subdivision in the City of Lexington, Fayette County, Kentucky, as shown by plat of said subdivision of record in Plat Book 7, Page 17, in the Fayette County Court Clerk's office, to which plat reference is hereby made. Being the same property conveyed to Lyman Joe Jones and Arlene Jones, his wife, from James Albert Canady and Barbara L. Canady, his wife, by Deed dated December 18, 1961 in Deed Book 732, Page 84, records of the Fayette County Court Clerk. Lyman Joe Jones died on June 11, 2017. Upon his death, all right, title and interest in the subject property became vested in Arlene Jones. Arlene Jones died testate on February 9, 2019. Upon her death, all right, title and interest in the subject property became vested in Darryl Jones per her last will and testament, Will Book 375, Page 50.

Plaintiff's Attorney: Lori R. Leach, Cincinnati, OH
Appraisal Amount: $90,000.00

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Sale #7

Kentucky Housing Corporation vs. TAMIKO M. BENTLEY, et al (Action No. 19-CI-04106, to raise the principal amount of CANCELED, together with interest at the rate of 5.75%, charges and costs).

1579 VAN BUREN DRIVE

Being all of Lot No. 40, Block E, Green Acres Subdivision, Unit 1-E, to the City of Lexington, Fayette County, Kentucky, as shown by map or plat thereof of record in Plat Cabinet A, Slide 154, (formerly Plat Book 21, Page 41), in the Fayette County Clerk’s Office; the improvements thereon being known and designated as 1579 Van Buren Drive, Lexington, Kentucky. Being the same property conveyed to Tamiko M. Bentley, unmarried, by deed dated November 9, 2006 and recorded in Deed Book 2687, Page 443, in the Office of the Clerk Fayette County, Kentucky.

Plaintiff's Attorney: BEN L. RETTIG, Louisville, KY
Appraisal Amount: CANCELED

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Sale #8

U.S. Bank vs. LIBBY E. MARCUM, et al (Action No. 19-CI-03632, to raise the principal amount of $62,239.73, together with interest at the rate of 7.35%, charges and costs).

1625 NORWOOD CIRCLE

BEING all of Lot No. 18A, Unit 6, Section 1, Meadow Creek Subdivision, a plat of which is of record in Plat Cabinet 1, Slide 77, in the Fayette County Court Clerk’s Office and to which plat reference is hereby made; the improvements thereon being known and designated as 1625 NORWOOD CIRCLE. Being the same property conveyed to Libby E. Marcum, unmarried, from Ball Homes, Inc., a Kentucky corporation, by Deed dated June 29, 1990, and recorded July 2, 1990, in Deed Book 1551, Page 157, records of the Fayette County Court Clerk.

Plaintiff's Attorney: Stephanie A. Maguire, Cincinnati, OH
Appraisal Amount: $125,000.00

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Sale #9

PEOPLES EXCHANGE BANK vs. GEORGE M. COOPER, et al (Action No. 19-CI-01032, to raise the principal amount of $489,155.34, together with interest at the rate of 8.59%, charges and costs).

5410 SULPHUR WELL ROAD (A/K/A 5400-5410 SULPHUR WELL ROAD)

TRACT I Beginning at a point in the center of Sulphur Wells Road, said point being a railroad spike and located approximately 1260 feet east of the intersection of Cleveland Road and Sulphur Wells Road; thence with the center of Sulphur Wells Road South 75 degrees 02 minutes 04 seconds East, 990.52 feet, to a mine spike (found) thence leaving said road and with a plank fence for six (6) calls South 9 degrees 59 minutes 45 seconds West, 585.58 feet, to an iron bar with I.D. cap (set) thence North 81 degrees 03 minutes 15 seconds West, 126.07 feet, to a point in the fence thence North 78 degrees 47 minutes 01 seconds West, 38.80 feet, to a fence post thence South 65 degrees 28 minutes 38 seconds West, 6.96 feet, to a fence post thence South 7 degrees 01 minutes 10 seconds West, 177.88 feet, to a fence post thence South 6 degrees 45 minutes 56 seconds West, 211.42 feet, to an iron bar with I.D. cap (found) in said fence line extended thence South 86 degrees 27 minutes 20 seconds East, 41.45 feet, to a point being the northeastern outer corner of the equipment shed addition to a farm shop; said point also lying in the outer of the western wall of the farm shed addition to the farm shop thence South 3 degrees 32 minutes 40 seconds West, 11.70 feet, to a point in the original exterior surface of the north wall of the farm shop building; said point now lying within the farm shed addition; thence with the said north wall of the farm shop South 86 degrees 27 minutes 20 seconds East, 48.60 feet, to an iron bar with I.D. cap (found) in said wall line extended; thence immediately with an extension of a fence line and a fence for twenty-one (21) calls, South 6 degrees 55 minutes 36 seconds West, 100.43 feet, to a fence post thence South 83 degrees 08 minutes 34 seconds East, 245.64 feet, to a fence post thence South 83 degrees 50 minutes 01 seconds East, 12.45 feet, to a fence post thence South 83 degrees 02 minutes 14 seconds East, 139.96 feet, to a fence post thence South 83 degrees 57 minutes 30 seconds East, 39.29 feet, to a fence post thence North 68 degrees 27 minutes 56 seconds East, 22.48 feet, to a fence post thence North 16 degrees 56 minutes 36 seconds East, 22.85 feet, to a fence post thence North 7 degrees 52 minutes 23 seconds East, 62.27 feet, to a fence post thence North 8 degrees 30 minutes 06 seconds East, 23.27 feet, to a fence post thence North 10 degrees 47 minutes 41 seconds East, 123.51 feet, to a fence post thence North 11 degrees 24 minutes 30 seconds East, 131.62 feet, to a fence post thence North 17 degrees 50 minutes 22 seconds East, 39. 72 feet, to a fence post thence North 28 degrees 32 minutes 24 seconds East, 39.11 feet, to a fence post thence north 37 degrees 29 minutes 42 seconds East, 39.28 feet, to a fence post thence North 40 degrees 55 minutes 20 seconds East, 54.71 feet, to a fence post thence North 39 degrees 13 minutes 38 seconds East, 23.52 feet, to a fence post thence North 35 degrees 55 minutes 06 seconds East, 46.72 feet, to a fence post thence North 22 degrees 38 minutes 38 seconds East, 47.21 feet, to a fence post thence North 11 degrees 48 minutes 59 seconds East, 295.45 feet, to a fence post thence North 6 degrees 26 minutes 53 seconds East, 23.28 feet, to a fence post thence North 6 degrees 20 minutes 14 seconds West, 22.77 feet, to an iron bar with I.D. cap (found) thence with the southern boundary of a 30 foot strip dedicated to public use South 75 degrees 01 minutes 52 seconds East, 27.76 feet, to an iron bar with I.D. cap (found) in a fence line boundary to cable thence with said fence boundary for two (2) calls South 11 degrees 48 minutes 35 second West, 409.24 feet, to a fence post thence South 77 degrees 40 minutes 59 seconds East, 249.29 feet, to a fence post corner to Woods thence with Woods line South 11 degrees 54 minutes 54 seconds West, 777.48 feet, to an iron bar (found) at a fence post thence with tract II and tract III for five (5) calls North 82 degrees 53 minutes 53 seconds West, 288.90 feet, to an iron bar with I.D. cap (set) thence South 8 degrees 00 minutes 00 seconds West, 13.00 feet, to an iron bar with I.D. cap (set) thence North 77 degrees 20 minutes 18 seconds West, 254.32 feet, to an iron bar with I.D. cap (set) thence South 8 degrees 35 minutes 56 seconds West, 597.47 feet, to an iron bar with I.D. cap (set) thence South 10 degrees 10 minutes 11 seconds West, 675.23 feet, to a fence post thence with the fence line for four (4) calls North 74 degrees 52 minutes 53 seconds West, 798.04 feet, to an iron bar with I.D. cap (found) thence North 87 degrees 19 minutes 04 seconds West, 260.48 feet, to a fence post thence North 6 degrees 32 minutes 13 seconds East 1889.62 feet, to a fence post thence North 6 degrees 37 minutes 01 seconds East, 724.58 feet to the point of beginning. The above-described parcel contains 66.805 acres (2,910,011 sq. ft.). There is excepted from the foregoing property the following described easement for ingress and egress granted by Central Kentucky Agricultural Credit Association to George S. Cooper by deed dated March ______, 1993, and appearing of record in Deed Book 1666, Page 37, in the Fayette County Clerk's Office. EASEMENT TRACT I TO LOT 2 Beginning at an iron bar with I.D. cap in at the southeastern corner of a 30 foot strip dedicated to public use and in Cable's boundary line said point located approximately 2800 feet east of the intersection of Cleveland Road and Sulphur Wells Road and 30 feet South of the center of Sulphur Wells Road thence with the fence South 11 degrees 48 minutes 35 seconds West, 409.24 feet, to a fence post thence leaving Cable line South 58 degrees 03 minutes 24 seconds West, 39.34 feet, to a point thence South 39 degrees 13 minutes 38 seconds West, 24.39 feet, to a point thence South 40 degrees 55 minutes 20 seconds West, 54.41 feet, to a point thence South 37 degrees 29 minutes 42 seconds West, 37.11 feet, to a point thence South 28 degrees 32 minutes 24 seconds west, 35.67 feet, to a point thence South 17 degrees 50 minutes 22 seconds West, 36.72 feet, to a point thence South 11 degrees 24 minutes 30 seconds West, 130.39 feet, to a point thence South 10 degrees 47 minutes 41 seconds West, 123.00 feet, to a point thence South 8 degrees 30 minutes 06 seconds West, 22.76 feet, to a point thence South 7 degrees 52 minutes 23 seconds West, 63.75 feet, to a point thence South 4 degrees 18 minutes 11 seconds West, 166.50 feet, to a point thence South 2 degrees 52 minutes 54 seconds East, 101.43 feet to an iron bar with I.D. cap (set) in Tract II boundary line thence South 8 degrees 00 minutes 00 seconds West, 13.00 feet, to an iron bar with I. D. cap (set) thence North 77 degrees 20 minutes 18 seconds West, 42.07 feet, to a point in Tract II boundary line thence leaving Tract II North 9 degrees 27 minutes 19 seconds East, 93.12 feet, to a point thence North 9 degrees 27 minutes 19 seconds East, 16.61 feet, to a point thence North 4 degrees 19 minutes 21 seconds East, 167.53 feet, to a fence post thence with the fence for fourteen ( 14) calls, North 7 degrees 52 minutes 23 seconds East, 62.27 feet, to a fence post thence North 8 degrees 30 minutes 06 seconds East, 23.27 feet, to a fence post thence North 10 degrees 47 minutes 41 seconds East, 123.51 feet, to a fence post thence North 11 degrees 24 minutes 30 seconds East, 131.62 feet, to a fence post thence North 17 degrees 50 minutes 22 seconds East, 39.72 feet, to a fence post thence North 28 degrees 32 minutes 24 seconds East, 39.11 feet, to a fence post thence North 37 degrees 29 minutes 42 seconds East, 39.28 feet, to a fence post thence North 40 degrees 55 minutes 20 seconds East, 54.71 feet, to a fence post thence North 39 degrees 13 minutes 38 seconds East, 23.52 feet, to a fence post thence North 35 degrees 55 minutes 06 seconds East, 46.72 feet, to a fence post thence North 22 degrees 38 minutes 38 seconds East, 47.21 feet, to a fence post thence North 11 degrees 48 minutes 59 seconds East, 295.45 feet, to a fence post thence North 6 degrees 26 minutes 53 seconds East, 23.28 feet, to a fence post thence North 6 degrees 20 minutes 14 seconds West, 22.77 feet, to an iron bar with I.D. cap (found) in the southern boundary of a 30 foot strip dedicated to public use thence South 75 degrees 01 minutes 52 seconds East, 27.76 feet, to the point of beginning. The above-described easement contains .609 acres (26,508) sq. ft.). Being a portion of the property conveyed to Central Kentucky Agricultural Credit Association by Clyde L. Stapleton, Master Commissioner of the Fayette Circuit Court by deed dated March 29, 1992, of record in Deed Book 1621, Page 730, in the Fayette County Clerk's Office. BEING the same property conveyed to George M. Cooper and Elizabeth Jo Cooper, his wife, by deed dated March 2, 1993 from Central Kentucky Agricultural Credit Association, of record in Deed Book 1666, Page 42, in the Fayette County Clerk’s Office.

Plaintiff's Attorney: Natalie Damron McCormick, Lexington, KY
Appraisal Amount: $900,000.00

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Sale #10

Nationstar Mortgage vs. DAVID G. CLAY, et al (Action No. 19-CI-01953, to raise the principal amount of $78,476.64, together with interest at the rate of 5.75%, charges and costs).

2108 LANSILL ROAD

Being all of Lot 24, Block C, Unit 2-B of Beaumont Park Subdivision to the City of Lexington as shown by plat of record in Plat Cabinet C, Slide 559, in the Fayette County Clerk's Office; the improvements being known as 2108 Lansill Road. Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence. Being the same property conveyed from Patricia G. Hines and Paul E. Hines, her husband, to Delbert G. Clay, single, a one-half undivided interest, and to Icslitt V. Elliott, single, James Dewey Clay and Donna Sue Clay, his wife, a one-half undivided interest by virtue of a deed dated August 26, 1988 and recorded on August 30, 1988 at Deed Book 1488, Page 368. Further, Delbert G. Clay, a single person, later conveyed his undivided one-half interest to David G. Clay by virtue of a deed dated April 18, 2003 and recorded on April 22, 2003 at Deed Book 2355, Page 461. Further, James Dewey Clay and Donna Sue Clay, husband and wife, conveyed their interest to Isclitt V. Elliott, a single person, by virtue of a deed dated June 14, 2005 and recorded on June 21, 2005 at Deed Book 2560, Page 434. This conveyance resulted in an undivided one-half interest to Isclitt V. Elliott. After June 21, 2005, David G. Clay held an undivided one-half interest and Isclitt V. Elliott held an undivided one-half interest. The said Isclitt V. Elliott died on or about July 24, 2013 and pursuant to her Will of record at Will Book 322, Page 249, recorded on October 3, 2013, Isclitt V. Elliott conveyed her undivided one-half interest to David G. Clay. Donna Sue Clay was appointed Executrix of the Estate of Isclitt V. Elliot in Fayette District Court, Probate Division, 13-P-01321, and filed an Affidavit in Book 3365, Page 44, on December 18, 2015, in that capacity, which confirms the conveyance to David G. Clay pursuant to Isclitt V. Elliott’s Will of record. David G. Clay now holds title in fee simple.

Plaintiff's Attorney: Philip S. George III, Newport, KY
Appraisal Amount: $135,000.00

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Sale #11

Freedom Mortgage Corporation vs. DONNIE SPARKS, et al (Action No. 19-CI-00047, to raise the principal amount of $73,202.97, together with interest at the rate of 4%, charges and costs).

301 BENT BOUGH PLACE

Being all of Lot 1, Unit 2, of Shadow Wood Subdivision to the City of Lexington, Fayette County, Kentucky, a plat of which appears of record in Plat Cabinet D, Slide 245, in the Fayette County Clerk's Office; the improvements thereon being known and designated as 301 Bent Bough Place, Lexington, Kentucky. Being the same property conveyed by Billy G. Goens Jr., unmarried, to Donnie Sparks, unmarried, herein, by Deed dated May 20, 2016, of record in Deed Book 3400, Page 352, Fayette County Clerk's Office.

Plaintiff's Attorney: MAURA E. BINDER, Indianapolis, IN
Appraisal Amount: $90,000.00

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