00087554 —

Nov 15-0:50
Listing Began:

Description

Seller's Comments and Description:

Rosenberg & Associates, LLC

4340 East West Highway, Suite 600

Bethesda, MD 20814

(301) 907-8000

COURT APPOINTED SUBSTITUTE TRUSTEES

FORECLOSURE SALE OF REAL PROPERTY

400 Massachusetts Avenue, NW, Unit #1322

Washington, DC 20001

Condominium unit numbered 1322, known for assessment and taxation purpose as Lot No. 2719, in Square 517, in the condominium project known as 400 Massachusetts, A Residential condominium, a condominium regime constituted and established under the Condominium Act of 1976 of the District of Columbia, as amended, by that certain Declaration of 400 Massachusetts, A residential Condominium, dated August 12, 2004 and recorded August 19, 2004 as Instrument No. 2004115236, among the land recorded of the District of Columbia (the "Land Records"), amended by Corrective Amendment to Declaration 400 Massachusetts, a Residential Condominium recorded September 28, 2004 as Instrument NO. 2004133313, and those Certain Bylaws of 400 Massachusetts, A Residential Condominium, dated August 12, 2004 and recorded August 19, 2004 as Instrument No. 2004115240, amended by Corrective Amendment to Bylaws of 400 Massachusetts, a Residential Condominium recorded September 30, 2004 as Instrument No. 2004135743 among the Land Records and by Plat and Plans filed in Condominium Book No. 50 at page 29, in the Office of the Surveyor of the District of Columbia. And Being the same property conveyed to Grantors recorded in Instrument No. 2005072862, among the aforesaid land records. Property Address: 400 Massachusetts Ave NW, DC 20001. Tax Map No. Square 0517 Lot 2719.

In execution of the Superior Court for District of Columbia's ("Court") Order/Decree in Case #2016-CA-002316 R(RP) THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-16 v. ZAGERY J. OLIVER, ET AL the undersigned Substitute Trustees will offer for sale at public auction within the offices of Alex Cooper Aucts., Inc., 4910 Massachusetts Ave., NW #100, Washington, DC 20016, 202-364-0306 on

MONDAY, NOVEMBER 4, 2024 AT 12:04 PM

THE ABOVE DESCRIBED PROPERTY AND IMPROVEMENTS THEREON situated in Washington, DC and more fully described in a Deed of Trust dated August 31, 2005 recorded as Instrument No. 2005138750 among the D.C. Land Records.

The property will be sold by Trustee’s Deed “as is” without any covenant, expressed or implied, in Fee Simple, subject to conditions, restrictions, easements, and all other recorded instruments superior to the Deed of Trust referenced above, and subject to ratification by the Court.

TERMS OF SALE: A deposit of at least $40,000 or ten percent (10%) of the winning bid amount, whichever is lower, will be required at time of sale, in the form of certified check or cashier's check, or other form as Substitute Trustees may determine. The deposit required to bid at the auction is waived for the Noteholder and any of its successors or assigns. The Noteholder may bid up to the amount owed on the Note plus all costs and expenses of sale on credit and may submit a written bid to the Substitute Trustees which shall be announced at sale. The Balance of the purchase price to be paid in cash or certified funds within 60 days of final ratification of the sale by the Court. TIME IS OF THE ESSENCE. If purchaser fails to settle within the aforesaid 60 days of the ratification, the purchaser agrees to pay the Substitute Trustees’ reasonable attorney fees as ordered by the Court, plus all costs incurred, if the Substitute Trustees have filed the appropriate motion with the Court to resell the property. Purchaser waives personal service of any paper filed with the Court in connection with such motion and any Show Cause Order issued by the Court and expressly agrees to accept service of any such paper or Order by certified mail and regular mail sent to the address provided by the purchaser and as recorded on the documents executed by the purchaser at the time of the sale. Service shall be deemed effective upon the purchaser 3 days after postmarked by the United States Post Office. It is expressly agreed by the purchaser that actual receipt of the certified mail is not required for service to be effective. If the purchaser fails to go to settlement the deposit shall be forfeited to the Substitute Trustees and all expenses of this sale (including attorney fees and full commission on the gross sales price of the sale) shall be charged against and paid from the forfeited deposit. In the event of resale the defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property regardless of any improvements made to the real property. Interest is to be paid on the unpaid purchase money at the rate contained in the Deed of Trust Note from the date of sale to the date the funds are received in the office of the Substitute Trustees. In the event that the settlement is delayed for ANY REASON WHATSOEVER, there shall be no abatement of interest. Taxes, water rent, condominium fees and/or homeowner association dues, all public charges/assessments payable on an annual basis, including sanitary and/or metropolitan district charges, if applicable, to be adjusted for the current year to date of sale and assumed thereafter by the purchaser. Purchaser shall be responsible for the costs of all transfer taxes, documentary stamps and all other costs incident to settlement. Purchaser shall be responsible for obtaining physical possession of the property. Purchaser assumes the risk of loss from the date of sale forward. The sale is subject to post sale audit by the Mortgage holder to determine whether the borrower filed bankruptcy, entered into any repayment/forbearance agreement, reinstated or paid off prior to the sale. In any such event the Purchaser agrees that upon notification by the Substitute Trustees of such event the sale is null and void and of no legal effect and the deposit returned without interest. Sold subject to a 120 day right-of-redemption by the Internal Revenue Service. File #23-000187-DC-F-2

Diane S. Rosenberg, Mark D. Meyer, et al.,

Substitute Trustees

Oct 9, Oct 16, Oct 23, Oct 30

(Serial #520919) Ad#87554





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Jan 24, 2017

Washington, DC, 20002

(202) 636-3109

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