Seller's Comments and Description:
COHN, GOLDBERG & DEUTSCH, LLC
ATTORNEYS AT LAW
600 BALTIMORE AVENUE
TOWSON, MARYLAND 21204
SUBSTITUTE TRUSTEES' SALE OF IMPROVED REAL PROPERTY
18630 MUSTARD SEED COURT
GERMANTOWN, MD 20874
Under a power of sale contained in a certain Deed of Trust from Beverly Schilling, dated April 16, 2008 and recorded in Liber 35624, Folio 575 among the Land Records of Montgomery County, Maryland, with an original principal balance of $159,600.00, and an original interest rate of 4.875%, default having occurred under the terms thereof, the Substitute Trustees will sell at public auction at the Courthouse door for the Circuit Court for Montgomery County (Maryland Avenue entrance), on
October 17, 2018 AT 11:15 AM
ALL THAT FEE-SIMPLE LOT OF GROUND and the improvements thereon situated in Montgomery County, MD and more fully described in the aforesaid Deed of Trust. The property is improved by a dwelling.
Terms of Sale: The property will be sold “as is” and subject to conditions, restrictions, easements and agreements of record affecting same, if any and with no warranty of any kind. A deposit of $13,500.00 by certified funds only (no cash will be accepted) is required at the time of auction. Balance of the purchase price to be paid in cash within ten days of final ratification of sale by the Circuit Court for Montgomery County. At the Substitute Trustees’ discretion, the foreclosure purchaser, if a corporation or LLC, must produce evidence, prior to bidding, of the legal formation of such entity. The purchaser, other than the Holder of the Note, its assigns, or designees, shall pay interest on the unpaid purchase money at the note rate from the date of foreclosure auction to the date funds are received in the office of the Substitute Trustees.
In the event settlement is delayed for any reason , there shall be no abatement of interest. Real estate taxes and all other public charges, or assessments, including water and sewer facilities charges, ground rent, condo/HOA assessments, private utility, or front foot benefit payments, not otherwise divested by ratification of the sale, to be adjusted as of the date of foreclosure auction, unless the purchaser is the foreclosing lender or its designee. Cost of all documentary stamps, transfer taxes and settlement expenses, and all other costs incident to settlement, shall be borne by the purchaser. Purchaser shall be responsible for obtaining physical possession of the property. Purchaser assumes the risk of loss or damage to the property from the date of sale forward.
TIME IS OF THE ESSENCE. If the purchaser shall fail to comply with the terms of the sale or fails to go to settlement within ten (10) days of ratification of the sale, the Substitute Trustees may, in addition to any other available remedies, declare the entire deposit forfeited and resell the property at the risk and cost of the defaulting purchaser, and the purchaser agrees to pay reasonable attorneys' fees for the Substitute Trustees, 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 in connection with such a motion on himself and/or any principal or corporate designee, and expressly agrees to accept service of any such paper by regular mail directed to the address provided by said bidder at the time of foreclosure auction. In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of resale, reasonable attorney's fees, and all other charges due and incidental and consequential damages, and any deficiency in the underlying secured debt. The purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property. If the Substitute Trustees cannot convey insurable title, the purchaser's sole remedy at law or in equity shall be the return of the deposit without interest. The sale is subject to post-sale confirmation and audit of the status of the loan with the loan servicer including, but not limited to, determination of whether the borrower entered into any repayment agreement, reinstated or paid off the loan prior to the sale. In any such event, this sale shall be null and void, and the Purchaser's sole remedy, in law or equity, shall be the return of his deposit without interest.
Edward S. Cohn, Stephen N. Goldberg, Richard E. Solomon, Richard J. Rogers, Michael McKeefery, and Christianna Kersey,
Mid-Atlantic Auctioneers, LLC
Washington Times,10/2, 10/9, 10/16
CGD File #: 453108