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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, unless otherwise designated, in the ROBERT F. STEPHENS COURTHOUSES, FAYETTE CIRCUIT COURT BUILDING, 120 NORTH LIMESTONE, Lexington, Kentucky, or, at the Master Commissioner's discretion, pursuant to Local Rule 26 B as amended per General Order filed June 18, 2020, via an online auction, at a time and auction website to be advertised by or at the direction of the Master Commissioner. For in person sales 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, 2023) 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 27, 2023

ALL CASES BELOW FOR 02/27/2023 WILL BE AUCTIONED IN-PERSON at the Robert F. Stephens Fayette Circuit Courthouse located at 120 North Limestone, Lexington, Kentucky 40507

Sale #1

LAKEVIEW LOAN SERVICING vs. BRITTNEY C. ISON, et al (Action No. 19-CI-04028, to raise the principal amount of $94,778.49, together with interest at the rate of 4.75%, charges and costs).

908 GERARDI ROAD

Being all of Lot 66, Unit 3, Section 2, of the Killington Hunt Subdivision, to the City of Lexington, Fayette County, Kentucky, as shown by map or plat of which is of record in Plat Cabinet J, Slide 784, in the Fayette County Court Clerk's Office; and the improvements thereon being known and designated as 908 Gerardi Road, Lexington, Kentucky. Subject to any and all easements, restrictions, conditions, and legal highways of record and/or in existence Being the same property conveyed from Michael D. McCuddy and Leann McCuddy, husband and wife, to Brittney C. Ison, single, by virtue of a deed dated May 28, 2015 and recorded June 5, 2015 at Deed Book 3317, Page 347 of the Fayette County, Kentucky real estate records.

Plaintiff's Attorney: PHILIP S. GEORGE, NEWPORT, KY
Appraisal Amount: UNCOMPLETED

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Sale #2

KENTUCKY HOUSING CORPORATION vs. JERRY W. THOMAS, et al (Action No. 22-CI-01937, to raise the principal amount of $21,452.55, together with interest at the rate of 4.5%, charges and costs).

1445 BRYAN AVENUE (F/K/A 3945 BRYAN STATION AVENUE)

All that tract or parcel of land situated in the City of Lexington, Fayette County, Kentucky, and more particularly described as follows: That tract or parcel of land with improvements and appurtances lying and being in Fayette County, Kentucky, beginning at a point in the Highlawn Extension at the corner of Lot No. 10 and a ten (10) foot alley; running thence along said alley in a Northerly direction 41 feet; thence at a right angle to said alley in an Easterly direction at the Bryan Station Pike; thence along the Bryan Station Pike in a Southerly direction about 45 feet to another corner of Lot No. 10; thence along Lot No. 10 in a Westerly direction to the point of beginning. Said lot is a portion of the Highlawn Extension as platted by Borman Realty Company, and which is plat is of record in the Office of the Fayette County Court Clerk in Plat Cabinet E, Slides 157 and 158 and being known and designated as 1445 Bryan Avenue, f/k/a 3945 Bryan Station Avenue, Lexington, Kentucky. Being the same property conveyed to Jerry W. Thomas and Janice Thomas, husband and wife, by deed dated January 5, 1998 and recorded in Deed Book 1956, Page 1 in the Office of the Clerk of Fayette County, Kentucky. Janice Thomas died on November 10, 2016 vesting all right, title and interest in Jerry W. Thomas through the survivorship clause of said deed. Jerry W. Thomas a/k/a Jerry Wayne Thomas died, intestate, a resident of Fayette County, Kentucky on January 22, 2022. Upon his death, all right, title and interest passed to his heir, Gracie Holland (mother) and any unknown heirs.

Plaintiff's Attorney: BEN L. RETTING, LOUISVILLE, KY
Appraisal Amount: UNCOMPLETED

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Sale #3

THE BANK OF NEW YORK vs. CHARLES TONEY, et al (Action No. 21-CI-02625, to raise the principal amount of $35,076.75, together with interest at the rate of 7%, charges and costs).

122 WITTLAND LANE

BEING ALL OF LOT NO. 9 IN WHAT IS KNOWN AS PARIS COURT SUBDIVISION TO THE CITY OF LEXINGTON, FAYETTE COUNTY, KENTUCKY. A PLAT OF WHICH IS OF RECORD IN PLAT BOOK 2, PAGE 122 AND PLAT CABINET E, SLIDE 298, IN THE FAYETTE COUNTY CLERK'S OFFICE; SAID PREMISES BEING KNOWN AND DESIGNATED AS 122 WITTLAND LANE, LEXINGTON, KENTUCKY. BEING THE SAME PROPERTY CONVEYED TO CHARLES TONEY AND TERRI TONEY, HIS WIFE, BY DEED DATED 7/7/99 OF RECORD IN DEED BOOK 2064, PAGE 660, IN THE OFFICE OF THE FAYETTE COUNTY CLERK.

Plaintiff's Attorney: DOUGLAS J. HALLOCK, LOUISVILLE, KY
Appraisal Amount: UNCOMPLETED

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Sale #4

LEXINGTON HABITAT FOR HUMANITY vs. DASHANDA PLAYER, et al (Action No. 22-CI-00252, to raise the principal amount of $67,812.00, together with interest at the rate of 6%, charges and costs).

745 BREATHITT AVENUE

Lots Numbers forty-one (41) and forty-two (42), being 745 Breathitt Avenue, in Block A, in the Lincoln Park Subdivision, as shown by the plat of said Subdivision of record in Plat Cabinet E. Slide 248 (formerly Plat Book 2, Page 72), in the Fayette County Court Clerk’s Office. Being the same property conveyed to Dashanda Player by Deed dated December 20, 2011, of record in Deed Book 3049, Page 155, in the office of the Fayette County Clerk.

Plaintiff's Attorney: GEORGE D. SMITH, LEXINGTON, KY
Appraisal Amount: UNCOMPLETED

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Sale #5

MIDFIRST BANK vs. JORGE SANCHEZ, et al (Action No. 22-CI-00935, to raise the principal amount of $106,253.09, together with interest at the rate of 3.75%, charges and costs).

880 HIDDEN STREAM DRIVE

The following described property located in Fayette County, Commonwealth of Kentucky: Being all of Lot 98, Unit 1-F, of the Coldstream Station Subdivision to the City of Lexington, Fayette County, Kentucky, as shown by map or plat thereof of record in Plat Cabinet L, Slide 496, in the Fayette County Clerk's Office; the improvements thereon being known and designated as 880 Hidden Stream Drive, Lexington, Kentucky; and Being the same property conveyed to Jorge Sanchez, an unmarried man, by virtue of a deed from Darren A. Keese and Rebecca J. Keese, husband and wife, dated May 28, 2015, filed June 05, 2015, recorded in Deed Book 3317, Page 435, County Clerk's Office, Fayette County, Kentucky.

Plaintiff's Attorney: JASON MOSBAUGH, COLUMBUS, OH
Appraisal Amount: UNCOMPLETED

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Sale #6

LEXINGTON-FAYETTE URBAN COUNTY GOVERNMEN vs. VIRGINIA R. EVANS, et al (Action No. 22-CI-01308, to raise the principal amount of $5,750.00, together with interest at the rate of 6%, charges and costs).

924 DELAWARE AVENUE

Being all of Lot No. 18, Block “A”, in the Liberty Heights Subdivision, to the City of Lexington, Kentucky, a plat of which is of record in Plat Cabinet E, Slides 252 and 253 (formerly Plat Book 2, Pages 76 and 77), in the Fayette County Court Clerk’s Office; and the improvements thereon being known as 924 Delaware Avenue; and Being the same property conveyed to Virginia R. Evans, for life, with remainder to Lula Mae Clark and Sylvester Clark, her husband, Roberta Baker and Carl Lee Baker, her husband, Elizabeth Scott King and George A. King, her husband, and Robert Thompson Evans, Jr. and Joyce Ann Evans, his wife, by deed dated March 12, 1972 of record in Deed Book 1054, Page 115 in the Fayette County Clerk’s Office. Said Lula Mae Clark having died on or about February 20, 2020, testacy unknown; said Roberta Baker having died on or about February 27, 2013, testacy unknown; Said Carl Lee Baker having died on or about November 3, 2002, testacy unknown; Said Elizabeth Scott King having died on or about February 17, 2017, testacy unknown; and Robert Thompson Evans having died on or about April 29, 2000, testacy unknown. It is unknown whether Sylvester Clark is deceased, and if so, when he passed away or the status of his testacy.

Plaintiff's Attorney: EVAN P. THOMPSON, LEXINGTON, KY
Appraisal Amount: UNCOMPLETED

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Sale #7

CENTRAL BANK & TRUST CO. vs. LISA MARIE TUCKER, et al (Action No. 22-CI-02006, to raise the principal amount of $10,804.47, together with interest at the rate of 8.25%, charges and costs).

2699 PENWAY COURT

*****SOLD SUBJECT TO the terms and conditions of that certain mortgage and the security interest provided therein currently held by mortgagee Specialized Loan Servicing represented in this action by Chris Wiley of Manley Deas Kochalski LLC, PO Box 165028, Columbus, OH 43216-5028, telephone: 614-220-5611, email: PCW@manleydeas.com. The Defendant, Lisa Marie Tucker, a.k.a. Lisa Marie Marletta, executed the mortgage originally in favor of Traditional Bank, Inc., on May 17, 2007, and its successors and assigns, which mortgage was recorded on May 23, 2007, in the Fayette County Clerk's Office in Mortgage Book 6080, Page 693. The mortgage was later assigned to Specialized Loan Servicing, which assignment was recorded February 7, 2022, in Miscellaneous Book 554, Page 163 (collectively, hereinafter, the "Specialized Mortgage"). The Specialized Mortgage provides that it secures a promissory note dated May 17, 2007, in the amount of $89,000, plus interest and the Borrower promised to pay this debt in regular “Periodic Payments” and to pay the debt in full not later than June 1, 2037. The current Periodic Payments are due monthly on the 1st in the amount, in the amount of $555.24. The principal balance due under the Specialized Mortgage is $66,103.11, as of September 1, 2021, plus interest at 6.375% per annum (hereinafter, the "Specialized Debt"). The amount of the Specialized Debt may increase, and updated information should be requested when a party is prepared to satisfy the Specialized Mortgage. Please direct any questions about the Specialized Mortgage or Specialized Debt to Chris Wiley at the contact information provided above. The explanation of the Specialized Mortgage and Specialized Debt contained herein is provided solely for the convenience of any potential bidder and shall not be relied upon by anyone or shall not be construed as a legal opinion, a legally binding representation or warranty of any kind by the Court, the Master Commissioner, Central Bank, Specialized Loan Servicing or their attorneys, servicers, successors and assigns. Any persons interested in purchasing the Property has a duty to undertake their own due diligence and investigation of the Specialized Debt, the Specialized Mortgage, its terms and conditions, the Property and the legal and equitable title thereto. The Specialized Mortgage is incorporated by reference and made a part hereof as if fully set forth herein.******** Being all of Lot 39, Block "D", Unit 1, Lakeview-Mt. Tabor Subdivision, Fayette County, Kentucky, as shown on the plat thereof of record in Plat Cabinet 8, Slide 127, Fayette County Clerk's Office, to which plat reference is hereby made for a more particular description of said property; the improvements thereon being known and designated as 2699 Penway Court. Being the same property conveyed to Lisa M. Tucker, a single person, by Deed dated May 4, 2004, of record in Deed Book 2454, Page 219, Fayette County Clerk’s Office. Thereafter, Lisa M. Marletta, f/k/a Lisa M. Tucker, and Giancarlo Marletta, wife and husband, conveyed the property to Lisa M. Marletta, f/k/a Lisa M. Tucker, and Giancarlo Marletta, wife and husband, by Deed dated January 28, 2010, and of record in Deed Book 2949, Page 82, Fayette County Clerk's Office. Thereafter, the said Lisa Marletta and Giancarlo Marletta were granted a Decree of Dissolution of Marriage, dated June 29, 2021 and entered July 1, 2021, in Fayette Circuit Court Civil Action No. 20-CI-03125. Neither party having since remarried, Giancarlo Marletta, single, conveyed his interest in the property to Lisa Marletta, single, by Quit Claim Deed dated July 14, 2021, of record in Deed Book 3859, Page 703, Fayette County Clerk’s Office.

Plaintiff's Attorney: GREGORY D. PAVEY, LEXINGTON, KY
Appraisal Amount: UNCOMPLETED

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Sale #8

WILMINGTON SAVINGS FUND SOCIETY vs. FRANCES S. ANGGELIS ESTATE, et al (Action No. 14-CI-01793, to raise the principal amount of $160,161.61, together with interest at the rate of 5.56%, charges and costs).

4448 HARTLAND PARKWAY

Being all of No. 38, Unit 2, Lancaster Woods Subdivision, Lexington, Fayette County, Kentucky, a plat which is of record in Plat Cabinet H, Slide 752, in the office of the Fayette County Clerk; said premises being known and designated as 4448 Hartland Parkway, Lexington, Kentucky; and Being the same property conveyed to John C. Anggelis and Frances S. Anggelis, his wife by deed dated December 16, 1994, of record in Deed Book 1764, Page 746, in the Fayette County Clerk’s Office. John C. Anggelis died on January 9, 2013, and due to the right of survivorship clause in the source Deed, his interest in the property vested solely with Frances S. Anggelis. Frances S. Anggelis died on February 23, 2013, and pursuant to her Last Will and Testament recorded on May 13, 2017 in Will Book 318, page 496 in the Fayette County Clerk’s office, the property vested with Virginia Morris Anggelis.

Plaintiff's Attorney: TRAVIS W. THOMPSON, STOW, OH
Appraisal Amount: $200,000.00

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