CLASSIFIEDS
00102196 —
Listing Began:
Description
Seller's Comments and Description:
QUINTAIROS, PRIETO, WOOD & BOYER, P.A.
WITTSTADT ET ALS., TRUSTEES
1966 GREENSPRING DRIVE, SUITE LL2
LUTHERVILLE, MD 21093
410-238-2840
SUBSTITUTE TRUSTEES’ SALE
REAL PROPERTY
734 HARVARD STREET, NW, UNIT #2
WASHINGTON, D.C. 20001
By virtue of a certain Deed of Trust from 734 Harvard Street NW LLC, dated and duly recorded on September 13, 2023, as Instrument No. 2023078997 (the “Deed of Trust”) among the Land Records of the District of Columbia (the “Land Records”), which Deed of Trust also constitutes a security agreement and creates a security interest in all fixtures described in the Deed of Trust, a default having occurred in the payment of the indebtedness secured thereby and the covenants contained therein, and at the request of the party secured thereby (the “Noteholder”), and in accordance with Public Law 90-566 and following mailing of the Notice of Foreclosure Sale of Real Property or Condominium Unit recorded among the Land Records on April 22, 2026, as Instrument No. 2026038517 and the recordation of the Affidavit of Non-Residential Mortgage Foreclosure recorded among the Land Records on March 24, 2026, as Instrument No. 2026028049, the undersigned Substitute Trustees will sell, at public auction, within the office of TIDEWATER AUCTIONS, LLC, CHEVY CHASE PAVILION, 5335 WISCONSIN AVENUE NW, SUITE 440, WASHINGTON, DC 20015 on
FRIDAY, MAY 22nd , 2026 AT 11:00AM
All that piece or parcel of land, together with the improvements, rights, privileges and appurtenances to the same belonging, situate in the District of Columbia, described as follows:
Part of Lot 262 in Square 2887, as per plat recorded in Liber 16 at Folio 153 in the Office of the Surveyor for the District of Columbia.
The part of the land being more particularly designated as Unit No. 2 of “734 HARVARD ST NW CONDOMINIUM” according to the Declaration of Condominium recorded August 24, 2022 as Instrument No. 2022088906 and the Bylaws relating thereto recorded August 24, 2022 as Instrument No. 2022088907, among the Land Records of the District of Columbia, and any recorded amendments thereto, as of the date hereof, and as per Plat of Condominium Subdivision recorded in Condominium Book No. 122 at Page 4, et seq., in the Office of the Surveyor for the District of Columbia.
NOTE: Said property is now known for purposes of assessment and taxation as Lot Numbered Two Thousand Three (2004) in Square Numbered Twenty-Eight Hundred Eighty-Seven (2887).
Address of Premises: 734 Harvard Street, NW, Unit #2, Washington, DC 20001
TOGETHER WITH any and all buildings, structures, improvements, or appurtenances now erected on the above-described land, including, without limitation, all equipment, apparatus, machinery and fixtures of any kind or character forming a part of said buildings, structures, improvements or appurtenances, and any furniture, furnishings, equipment, machinery and other personal property owned and located in, upon or about the above described land and any buildings thereon all as more particularly described in the aforesaid Deed of Trust (the “Property”). The “Property” does not include any property owned by any tenants at the Property.
TERMS OF SALE: ALL CASH. The Property will be offered as an entirety only. The bid that yields the
highest price for the Property will be accepted by the Substitute Trustees (unless the sale is postponed or cancelled) and all bids will be provisional until acceptance. Notwithstanding the foregoing, the Substitute Trustees absolutely reserve the right to postpone the sale and/or cancel the sale at any time until the auctioneer announces that the Property is “sold” and the Substitute Trustees receives the deposit in the required amount and form. A deposit in the amount of $30,000.00 will be required at the time of sale as a condition to bidding. Such deposit must be by cashier’s check or certified check or in such other form as the Substitute Trustees may determine in their sole discretion, which check shall be payable to “Mark H. Wittstadt or Cole Luthy, Substitute Trustees.” The deposit must be increased to 10% of the purchase price within 2 business days after consummation of the sale and delivered to the Substitute Trustees in the same form of funds as the initial deposit. The Noteholder secured by the Deed of Trust (or any related party) shall be exempted by the Substitute Trustees from submitting any bidding deposit. The Substitute Trustees will, as a condition of the sale, require all potential bidders except the Noteholder to show their deposit before any bidding begins. The retained deposit of the successful purchaser shall be applied, without interest, to the successful purchaser’s credit at settlement; provided, however, that in the event the successful purchaser does not consummate the purchase in accordance with the terms of sale as herein provided, such deposit, will be forfeited, and after payment of all expenses and commissions due in connection with the defaulted sale, the balance shall be applied to the indebtedness due under the terms of the note and Deed of Trust. The terms of sale must be complied with, and settlement consummated thereon within 25 days from the day of sale unless extended at the sole discretion of the Substitute Trustees. TIME IS OF THE ESSENCE. The balance of the purchase price over and above the retained deposit, with interest thereon at the default rate of 8.625% per annum being charged from the date of sale through the date of receipt of the balance of the purchase price, will be due at settlement by bank wire transfer; and if not so paid, the Substitute Trustees as stated above will forfeit the deposit and reserves the right to resell the Property at the risk and cost of the defaulting purchaser, after such advertisement and on such terms as the Substitute Trustees may deem proper, and to avail himself and the Noteholder of any legal or equitable rights against the defaulting purchaser.
The Property is sold subject to the rights, if any, of parties in possession, if such rights have priority over the Deed of Trust or have been granted non-disturbance or similar rights, and to any and all covenants, conditions, restrictions, easements, rights of way, and limitations of record. The Property will be sold “WHERE IS” and in “AS IS” condition without any warranty as to condition, express or implied, and without any representation or warranty as to the accuracy of the information furnished to prospective bidders by the Substitute Trustees or any other party, if any, and without any other representations or warranty of any nature. Without limiting the generality of the foregoing, the Property will be sold without representation or warranty as to (i) title to the Property, (ii) the nature, condition, structural integrity, or fitness for a particular use of any improvements, fixtures or personal property included within the Property, (iii) the environmental condition of the Property or the compliance of the Property with federal, state, and local laws and regulations concerning the presence or disposal of hazardous substances, (iv) compliance of the Property with the Americans with Disabilities Act or any similar law, (v) compliance of the Property with any zoning laws or ordinances and any and all applicable safety codes, or (vi) compliance with any tenants’ rights or similar laws, and acceptance of the Deed to the Property by the successful purchaser shall constitute a waiver of any claims against the Substitute Trustees or the Noteholder concerning any of the foregoing matters. The successful purchaser recognizes that any investigation, examination, or inspection of the Property is within the control of the owner or other parties in possession of the Property and not within the control of the Substitute Trustees or the Noteholder.
Conveyance shall be by Substitute Trustees’ Deed, without covenant or warranty, express or implied. The risk of loss or damage by fire or other casualty to the Property from and after the time of sale shall be the sole responsibility of the purchaser. The Property shall be sold subject to all taxes, ground rents, public charges, assessments, sewer, water, drainage, and other public improvements, if any, whether assessments have been levied or not. The Noteholder and Substitute Trustees assume no liability for fuel, gas, electricity, utilities, and other operating charges accrued before or after the sale and all such charges shall be the sole responsibility of the purchaser from the date of sale. All costs incident to the settlement and conveyancing including, without limitation, examination of title, conveyancing, all recordation taxes and charges, all transfer taxes and charges, title insurance premiums, notary fees, settlement fees, and all other costs incident to settlement shall be at the cost of the successful purchaser. The District of Columbia Government may impose transfer and recordation taxes on any assignment of the successful bid prior to recordation of the Substitute Trustees’ Deed. The successful purchaser shall be solely liable for payment of such additional transfer and recordation taxes, if any. If the Substitute Trustees cannot convey title, the purchaser’s sole remedy is a return of deposit. Further particulars may be announced at the time of sale.
Mark H. Wittstadt, Cole Luthy
Substitute Trustees
Tidewater Auctions, LLC
(410) 825-2900
www.tidewaterauctions.com
Washington Times, 5/11, 5/13, 5/15, 5/18, 5/20
AD#102196