Master Commissioner Sales 11-1-17

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 17-CI-087

 

FREEDOM MORTGAGE CORPORATION, PLAINTIFF, VS. THOMAS E. SMITH; US BANK CUSTODIAN SASS MUNI DTR; COMMONWEALTH CD FUND LLC, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 17, 2017 and a subsequent Order entered October 16, 2017, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, November 6, 2017, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Thomas E. Smith, plus costs, is as follows:

(1) The principal sum in the amount of $53,722.64 as of August 1, 2016 with interest at a rate of 4.750% per annum thereafter, plus attorney’s fees of $2,250.00, plus negative escrow, late fees, and costs thereafter until paid.

Property Address: 205 Walden Avenue, Corbin, KY 40701.

Parcel Number 137-10-10-022.00.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.
2. On the date of sale, the purchaser shall either pay full cash or may pay ten percent (10%) down with the balance in thirty (30) days.   If the purchase price is not paid in full, the successful bidder shall execute a bond at the time of sale with sufficient surety approved by the master commissioner prior to the sale to secure the unpaid balance of the purchase price. Pursuant to KRS 426.705 the bond shall bear interest at the rate the judgment bears, from the date of sale until paid. Signatures of principal and surety on the bond shall have the effect of a Judgment. In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no payment shall be required and no bond shall be executed by them.
3. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.
4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years. All 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 prior to payment of the purchase price.
5. The property shall be sold subject to the following:
6. Easements, restrictions and stipulations of record;
7. Assessments for public improvements levied against the following real estate;
8. Any facts which an inspection and accurate survey of the following described real estate may disclose.
9. If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).
10. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 24th day of October, 2017.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P.O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 17-CI-142

 

OCWEN LOAN SERVICING, LLC, PLAINTIFF, VS. DAVID JAMES FLOYD; DOROTHEY KATHERINE FLOYD; THE UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 17, 2017 and a subsequent Order entered September 18, 2017; I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, November 6, 2017, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment against David James Floyd and the In Rem Default Judgment against the interests of the Defendant, David James Floyd and Dorothy Katherine Floyd, jointly and severally, plus costs, is as follows:

(1) The sum in the amount of $84,818.49, plus accrued interest thereon at the current Note rate of 4.5% per annum starting August 1, 2016, until fully paid, plus and other charges which have accrued, plus costs extended, plus attorney fees of at least $2,500.00. (The amounts due and owing as of March 10, 2017, the following sums: Principal in the sum of $84,818.49, plus interest from 08/01/16 to 03/10/17 in the sum of $2,321.91, plus escrow balance of $775.27, plus Corp. advances in the sum of $ 439.44, plus late charges in the sum of $36.02 for a total in the sum of $88,391.13).

Property Address: 507 W. 4th Street, Corbin KY 40701

Parcel: 137-20-24-002.00

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.
2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days.   If the purchase price is not paid in full, the successful bidder shall execute a bond at the time of sale with sufficient surety approved by the master commissioner prior to the sale to secure the unpaid balance of the purchase price. Pursuant to KRS 426.705 the bond shall bear interest at the rate the judgment bears, from the date of sale until paid. Signatures of principal and surety on the bond shall have the effect of a Judgment. In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no payment shall be required and no bond shall be executed by them.
3. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.
4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years. All 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 prior to payment of the purchase price.
5. The property shall be sold subject to the following:
6. Easements, restrictions and stipulations of record;
7. Assessments for public improvements levied against the following real estate;
8. Any facts which an inspection and accurate survey of the following described real estate may disclose.
9. If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).
10. This property is sold subject to the right of redemption, if applicable, provided in

28 USCA Sec. 2410.

Dated this 24th day of October, 2017.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P.O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION II

CIVIL ACTION NO. 16-CI-00552

 

Community Trust Bank, Inc., Plaintiff, VS. Shawn Hudson; Terri Hudson; Asset Acceptance; and Commonwealth of Kentucky, Defendants.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 18, 2017, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, November 6, 2017, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, Shawn Hudson and Terri Hudson, plus costs is as follows:

(1) The sum in the amount of $149,651.85 plus unpaid interest of $3,307.93, plus other fees of $417.50, plus late charges of $433.59, plus an less balance of $116.23 for a total payoff of $153,694.64, plus interest and accruing daily at a rate of $14.5494854 (as of September 28, 2016).

Property Address: 5526 Meadow Creek Road, Rockholds, KY 40759.

MAP ID No.: 171-00-00-014.02/ 171-00-00-014.00

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.
2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days.   If the purchase price is not paid in full, the successful bidder shall execute a bond at the time of sale with sufficient surety approved by the master commissioner prior to the sale to secure the unpaid balance of the purchase price. Pursuant to KRS 426.705 the bond shall bear interest at the rate the judgment bears, from the date of sale until paid. Signatures of principal and surety on the bond shall have the effect of a Judgment. In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no payment shall be required and no bond shall be executed by them. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.
3. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the 2016 tax year all subsequent years after purchase. All taxes or assessments upon the property for the current year and all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.
4. The property shall be sold subject to the following:
5. Easements, restrictions and stipulations of record;
6. Assessments for public improvements levied against the following real estate;
7. Any facts which an inspection and accurate survey of the following described real estate may disclose.
8. If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).
9. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 24th day of October, 2017.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P.O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION II

CIVIL ACTION NO. 16-CI-00078

 

Blueshine, LLC, Plaintiff, VS. Janel Cupp and Unknown Spouse; MTAG as custodian for MGD-KY, LLC; Lien Solutions, LLC; Kentucky Property Tax Service; Kentucky Tax Company, LLC; and Whitley County, Kentucky, Defendants.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 18, 2017, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, November 6, 2017, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendant, Janel Cupp, plus costs is as follows:

(1) The sum in the amount of $1,183.16 plus interest at twelve percent (12%) per annum from August 23, 2012, an administrative fee of $115.00, title search fees of $300.00, and pre-litigation attorney fees of $540.00, for acquisition costs of the 2011 tax bill No. 6092; Plus court costs, service fees, and AOC fees totaling $710.45 and attorney fees of $2,100.00.

(2) The Defendant tax payer is entitled to a credit against the subject Judgment for payments totaling $3,661.04 representing payments made on the subject tax bills.

Property Address: 137 Ridgeview Lane, Williamsburg, KY 40769.

MAP ID No.: 089-00-00-010.04

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.
2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days.   If the purchase price is not paid in full, the successful bidder shall execute a bond at the time of sale with sufficient surety approved by the master commissioner prior to the sale to secure the unpaid balance of the purchase price. Pursuant to KRS 426.705 the bond shall bear interest at the rate the judgment bears, from the date of sale until paid. Signatures of principal and surety on the bond shall have the effect of a Judgment. In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no payment shall be required and no bond shall be executed by them. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.
3. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the 2017 tax year all subsequent years after purchase. All taxes or assessments upon the property for the current year and all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.
4. The property shall be sold subject to the following:
5. Easements, restrictions and stipulations of record;
6. Assessments for public improvements levied against the following real estate;
7. Any facts which an inspection and accurate survey of the following described real estate may disclose.
8. If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).
9. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 24th day of October, 2017.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P.O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. II

CIVIL ACTION NO. 16-CI-644

 

Embrace Home Loans, Inc., Plaintiff, VS. Stanley Keith Jones; Unknown Defendant, Spouse of Stanley Keith Jones, Defendants.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 16, 2017, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, November 6, 2017, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, plus costs, is as follows:

(1) The principal sum in the amount of $99,579.47, plus interest from 03/1/16 in the amount of $3,819.67, plus advancements for the protection f the property, including taxes & insurance (negative escrow) in the amount of $1,153.15, plus property inspections in the amount of $60.00, plus property preservation in the amount of $360.00, plus late charges in the amount of $53.20, for a total in the amount of $105,025.49, together with interest at the rate of $12.96 per diem (4.7500 percent per annum) from the date above until paid, plus late charges, advances for taxes and insurance, and its costs herein expended, including attorney fee in the amount of $2,160.00, and for all other fees expended for services performed in connection with the Defendant’s default and for the purposes and its rights under the mortgage instrument.

Property Address: 139 Oak Grove School Road, Corbin, KY 40701.

PIDN: 103-00-00-145.00

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.
2. On the date of sale, the purchaser shall either pay full cash or may pay ten percent (10%) down with the balance in thirty (30) days.   If the purchase price is not paid in full, the successful bidder shall execute a bond at the time of sale with sufficient surety approved by the master commissioner prior to the sale to secure the unpaid balance of the purchase price. Pursuant to KRS 426.705 the bond shall bear interest at the rate the judgment bears, from the date of sale until paid. Signatures of principal and surety on the bond shall have the effect of a Judgment. In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no payment shall be required and no bond shall be executed by them.
3. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.
4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years. All 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 prior to payment of the purchase price.
5. The property shall be sold subject to the following:
6. Easements, restrictions and stipulations of record;
7. Assessments for public improvements levied against the following real estate;
8. Any facts which an inspection and accurate survey of the following described real estate may disclose.
9. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.
10. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 24th day of October, 2017.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P.O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

CIVIL ACTION NO. 13-CI-534

Consolidated With

CIVIL ACTION NO. 16-CI-256

 

EDWARD HOUSE, ET AL, PLAINTIFFS, VS. PEGGY ANDERSON, ET AL, DEFENDANTS.

AND

MID SOUTH CAPITAL PARTNERS, LP, PLAINTIFF, VS. MICHAEL LEMAN ANDERSON, ET AL, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on October 2, 2017, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, November 6, 2017, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Judgment against the Defendants, plus costs is as follows:

(1) The Plaintiff has an in rem and a personal judgment against Peggy Anderson for the sum in the amount of $11,014.76 as of March 22, 2010 with interest accruing at the rate of 6% per annum until paid.

(2) The judgment and lien on the Defendant, Peggy Anderson’s one-half (1/2) interest in the aforesaid real properties in favor of the Plaintiffs is second only to property claimed and asserted ad valorem taxes which may be due and owing.

(3) The Plaintiffs hold a valid and subsisting mortgage against the one-half (1/2) interest of Peggy Anderson in the aforedescribed real properties and after payment of master commissioner’s fees and costs and the payment of the properly claimed valid and subsisting ad valorem taxes through tax year 2016, the Plaintiffs shall be paid one-half (1/2) of the remaining proceeds of sale to the extent of Plaintiffs’’ indebtedness with interest, costs and attorney fees.

(4) The remaining one-half (1/2) of the net proceeds of sale shall be paid to Farm Credit Services of Mid America to the extent of the indebtedness owed to it by co-Defendant Michael Anderson.

Property No. 1: Lot 15 in the Western Hills Subdivision

located at 140 Collins Lane, Corbin, KY 40701.

PVA Map ID No.: 119-00-00-096.00

 

Property No. 2: Lot 30 in the Western Hills Subdivision located at 254 Collins Lane, Corbin, KY 40701.

PVA Map ID No.: 119-00-00-117.04

Having a 1978 14×70 Riblet manufactured home included with the real property.

TERMS OF SALE

1. The above property is indivisible and shall be sold as follows to produce the sum of money so ordered to be made: The subject properties shall be sold separately and then will immediately be sold as a whole. The successful high bidder at the sale will be determined based on the highest proceeds yielded from either methodology. If the highest sales proceeds are derived from selling the properties separately, the separate high bidders shall take the properties. If the highest sale proceeds are realized from selling the properties as a whole, then the successful high bidder purchasing the properties as a whole shall take the property.
2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days.   If the purchase price is not paid in full, the successful bidder shall execute a bond at the time of sale with sufficient surety approved by the master commissioner prior to the sale to secure the unpaid balance of the purchase price. Pursuant to KRS 426.705 the bond shall bear interest at the rate the judgment bears, from the date of sale until paid. Signatures of principal and surety on the bond shall have the effect of a Judgment. In the event the Plaintiffs, Edward House and Herman House, are the purchaser for a sum equal to or less than their judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and no payment shall be required and no bond shall be executed by them. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.
3. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the 2017 tax year all subsequent years after purchase. All taxes or assessments upon the property for the current year and all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.
4. The property shall be sold subject to the following:
5. Easements, restrictions and stipulations of record;
6. Assessments for public improvements levied against the following real estate;
7. Any facts which an inspection and accurate survey of the following described real estate may disclose.
8. If the property does not bring two-thirds of its appraised value, a six (6) month right of redemption will exist pursuant to KRS 426.530 (revised July 15, 2014).
9. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 24th day of October, 2017.

HOWARD O. MANN, MASTER COMMISSIONER

WHITLEY CIRCUIT COURT

P.O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

3TH JUDICIAL CIRCUIT WHITLEY CIRCUIT COURT

DIVISION II

CIVIL ACTION NO. 10-Cl-910

 

LARRY MILLS, PLAINTIFF vs. CARLINDA CABAGE, EXECUTRIX OF THE ESTATE OF LOT MILLS, CARLINDA CABAGE, SINGLE; ASA MILLS AND AMY MILLS, HUSBAND AND WIFE; AND KENNETH MILLS AND MELISSA MILLS, HUSBAND AND WIFE, DEFENDANTS.

 

NOTICE OF COMMISSIONER’S SALE

Pursuant to an Order entered October 24, 2017, and all prior Orders entered by the Whitley Circuit Court, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, November 20. 2017, at 12:00 p.m., or thereabout, the real property described in this Notice. For a more particular description of said property and for the terms and conditions of sale, See the “Order Establishing Terms of the Master Commissioner’s Sale of the Premises and the Allowance of Credit Bidding by the Parties” filed of record on September 12, 2017, in the above action.

The property to be sold is located in Whitley County, Kentucky:

Property Address is: 2552 Hightop Road, Corbin KY 40701 Parcel ID#: 084-00-00-100.00

Dated this 27 day of October, 2017.

TIM LAVENDER, SPECIAL MASTER COMMISSIONER

P.O. BOX 69, WHITLEY CITY, KENTUCKY 42653

TELEPHONE: (606) 376-2233

FACSIMILE: (606) 376-5146