Kenneth L. Hooper and Reena J. Patel
Assignees for the Purpose of Foreclosure,
c/o Hearne & Bailey, P.A.
126 East Main Street
Salisbury, Maryland 21801
(410) 749-5144
CIVIL ACTION NO C-22-CV-18-000063
CIRCUIT COURT FOR WICOMICO COUNTY, MARYLAND
ASSIGNEES’ SALE
OF VALUABLE IMPROVED REAL PROPERTY
KNOWN AS
“4658 TYASKIN ROAD, TYASKIN, MARYLAND 21865”
(TAX MAP 0043, PARCEL 0056, LOT 6; TAX ACCOUNT NO. 03-009092)
Under and by virtue of the Power of Sale and Authority contained in a certain Purchase Money Mortgage (“Mortgage”) from Wayne W. Fadely and James G. Insley, Sr., Grantors, dated November 22, 2006, and recorded among the Land Records of Wicomico County, Maryland, in Liber. M.S.B. No. 2704, Folio 323, default having occurred under the terms thereof, and the holder of the indebtedness secured by the Mortgage having assigned the Mortgage to Kenneth L. Hooper and Reena J. Patel, Assignees for the Purpose of Foreclosure, by Assignment of Purchase Money Mortgage, dated September 27, 2018, and recorded among the Land Records of Wicomico County, Maryland, in Liber J.B.M. No. 4425, Folio 447, the undersigned Assignees, at the request of the Lender/Secured Party, will offer for sale at public auction, to the highest bidder, the below referenced property AT THE COURT HOUSE ENTRANCE OF THE CIRCUIT COURT FOR WICOMICO COUNTY, AT THE COURT HOUSE STEPS, LOCATED AT 101 NORTH DIVISION STREET, SALISBURY, MARYLAND 21801,
ON TUESDAY, MAY 28, 2019, AT 2:00 P.M.
DESCRIPTION: ALL that lot or parcel of land situate, lying and being in the Village of Tyaskin, Tyaskin Election District of Wicomico County and State of Maryland, being Lot No. 6 of the Ernest Riall land, on the Westerly side of and binding upon Main Street, as per plat of the said land made by Samuel E. Foskey, Surveyor, recorded among the Land Records of Wicomico County, Maryland, in Liber J.T.T. No. 17, Folio 529 [said Plat was incorrectly referred to as being recorded in Liber J.T.T. No. 28, Folio 329 in the previous two deeds: (1) Deed dated August 9, 2006, and recorded in Liber M.S.B. No. 2649, Folio 446, and (2) Deed dated January 8, 2993, and recorded in Liber M.S.B. No. 1322, Folio 351]; AND BEING the same land conveyed unto Wayne W. Fadely and James G. Insley, Sr., by James G. Insley and Linda G. Insley, his wife, by Deed, dated November 22, 2006, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 2704, Folio 319.
All of the above property is being conveyed TOGETHER WITH the improvements and fixtures thereon and any other powers and appurtenances thereto belonging or appertaining. SUBJECT, however, to the obligations of such owner as more particularly set forth in any Declarations and Covenants of record, as amended, if any.
IMPROVEMENTS: The above described property consists of a two-story farmhouse style home believed to have approximately 1,096 square feet, more or less, of gross living area and containing 2 bedrooms and 1 full bathroom. The aforesaid information was obtained from sources deemed to be reliable but is offered for informational purposes only and the Assignees do not make any representations or warranties with respect to the accuracy of this information. Bidders accept the property “AS IS” and “WHERE IS.” Quality or quantity of the land and improvements is not of the essence.
TERMS OF SALE: A deposit of Five Thousand Dollars ($5,000.00) will be required of the purchaser. Said deposit shall be in the form of cash, certified or cashier’s check at the time and place of sale, or other form of security, at the sole discretion of the Assignees, the balance of the purchase price to be secured to the satisfaction of the Assignees. In the event the holder of the indebtedness secured by the Mortgage, or its subsidiaries or related entities, is the successful bidder, the deposit shall not be required. The balance in cash shall be due at settlement which shall be within twenty (20) days after final ratification of sale by the Circuit Court for Wicomico County, Maryland, unless such period is extended by the Assignees, their successors in office, for good cause shown, time being of the essence. In the event the property is purchased by someone other than the holder of the indebtedness secured by the Mortgage, or any of its subsidiaries or related entities, interest shall be paid on the unpaid purchase money at the rate of seven and one half percent (7.50%) from date of sale to the date of settlement. In the event settlement is delayed for any reason and the property is purchased by someone other than the holder of the indebtedness, its subsidiaries and/or affiliates, there shall be no abatement of interest caused by the delay. If payment of the balance does not take place within twenty (20) days of ratification, in addition to any other legal or equitable remedies available to them, the Assignees may declare the entire deposit forfeited and resell the property at the risk and cost of the defaulting purchaser. In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of sale, attorneys’ fees and all other charges incurred by the Assignees. The purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property. The property will be sold in “AS IS,” “WHERE IS” condition without recourse, representations or warranties, either expressed or implied, as to its nature, condition, description, or its suitability for a particular or general purpose. Quantity or quality of the land and improvements is not of the essence. Taxes, rents, annually payable public charges and assessments, water and sewer charges, including the front foot benefit charges of the appropriate governing agency, if any, and association dues, if applicable, will be adjusted to the date of sale and thereafter assumed by the purchaser. All costs of conveyancing, including attorney’s fees, state documentary stamps, agricultural transfer tax, state and county transfer taxes and recordation taxes will be paid by the purchaser. Purchaser shall be responsible for obtaining physical possession of the property. In the event that the property is occupied by tenants/patrons, the Assignees assume no responsibility for security deposits or other monies paid by tenants/patrons to anyone. The purchaser is purchasing the property subject to any Wicomico County Code violations and any fines related thereto and shall be responsible for abating said violations, if any, and the payment of said fines related thereto. The purchaser’s sole remedy at law or in equity, in the event the Assignees are unable to convey marketable title to the property, by reason of any defect in the title or for any reason otherwise, shall be limited to the return of the deposit. Upon return of the deposit, the sale shall be null and void and of no effect, and the purchaser shall have no further claims against the Assignees or their respective agents, attorneys, employees, successors and assigns. Risk of loss passes at the date and time of sale. Neither the Assignees, the holder of the indebtedness, nor any other party makes any warranty or representation of any kind or nature, expressed or implied, regarding the use, zoning, life safety, habitability, physical condition of, the description of, the environmental condition of, or title to the property. Purchaser shall furnish an Affidavit of Identification and Capacity pursuant to Rule 14-305(b) of the Maryland Rules of Procedure. The conveyance of the property by the Assignees to the purchaser at settlement shall be by Assignees’ Deed without covenant or warranty. The Assignees reserve the right to reject any and all bids. The Assignees reserve the right to postpone sale by public announcement at the time and place of sale. The Assignees reserve the right to announce additional terms at the time of sale. If the holder of the indebtedness secured by the Mortgage or any of its subsidiaries or affiliates is the successful bidder, it shall be exempt from the terms of sale set forth herein, including the requirement for a deposit. The holder of the indebtedness secured by the Mortgage shall be permitted to bid at sale. The contract of sale between the Assignees, as seller, and the purchaser (the “Contract of Sale”) shall include, by reference, all the terms and conditions contained herein, as well as such other terms the Assignees deem necessary and appropriate. Prior to bidding and as a condition of bidding, all prospective bidders shall register and display photo identification, deposit funds and when bidding as an agent, provide a recordable power of attorney. When a corporation or limited liability company is bidding, it shall also provide evidence that it is in good standing with its state of incorporation. The sale may be recorded, televised, videotaped and/or broadcast. For information, please contact Kenneth L. Hooper and Reena J. Patel, Assignees, at (410) 749-5144, or Pete Richardson Auction Sales & Service, Inc. at (410) 546-2425.
The information contained herein was obtained from sources deemed to be reliable but is offered for informational purposes only. The Assignees, Auctioneer, and the holder of the indebtedness, do not make any representations or warranties with respect to the accuracy of the information contained herein. Prospective purchasers are urged to make their own inspection and consult with their own attorneys for legal issues.
Kenneth L. Hooper and Reena J. Patel
Assignees for the Purpose of Foreclosure
Auctioneer: Pete Richardson Auction Sales & Service, Inc.
The Daily Times: Thursday, May 9, 2019; Thursday, May 16, 2019; and
Thursday, May 23, 2019.