NOTICE OF FORECLOSURE Tax Map No: 076A3 (08) 102

September 28, 2020



Tax Map No:

076A3 (08) 102

NOTICE OF DEFAULT AND FORECLOSURE SALE, made this 8th day of September, 2020, by Trevor B. Reid, Foreclosure Commissioner, grantee for indexing purposes:

WHEREAS, on March 7, 2012, Braxton F. Cann, Jr., (“Borrower”), as grantor, executed a certain deed of trust (the “Deed of Trust”) in favor of Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for Spectra Funding Inc, as lender, and Commonwealth Land Title Insurance Company, as trustee (all grantors for indexing purposes), which Deed of Trust was recorded in the Clerk's Office of the Circuit Court of the County of Wise, Virginia, on March 23, 2012, as Instrument No. 201200863, and which encumbers the Property defined below;

WHEREAS, the Deed of Trust was insured by the United States Secretary of Housing and Urban Development (the “Secretary”), pursuant to the National Housing Act, for the purpose of providing single-family housing;

WHEREAS, the Deed of Trust is now owned by the Secretary, pursuant to an assignment recorded in the aforesaid Circuit Court as Instrument No. 201901275;

WHEREAS, a default has been made in the covenants and conditions of the Deed of Trust, in that (1) Borrower Braxton F. Cann, Jr., died on or about April 4, 2019; (2) the Property is not the principal residence of any surviving borrower; (3) pursuant to the terms of the Deed of Trust and a Notice of Intent to Foreclose served on December 3, 2019, the Secretary accelerated the indebtedness secured by the Deed of Trust and required payment of the full outstanding balance thereof by January 2, 2020; and (4) payment has not been made as required;

WHEREAS, the entire amount delinquent as of July 1, 2020, is $207,843.06;

WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust to be immediately due and payable;

NOW, THEREFORE, pursuant to the powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. § 3751 et seq. (the “Act”), by 24 C.F.R. part 27, subpart B, and by the Secretary's designation of me as Foreclosure Commissioner, recorded in the aforesaid Clerk's Office on July 30, 2020, as Instrument No. 202002985, notice is hereby given that on October 30, 2020, at 3:00 p.m. local time, all real and personal property at or used in connection with the following described premises (the “Property”) will be sold at public auction to the highest bidder:

All that certain tract, piece or parcel of land situate, lying and being in the Town of Big Stone Gap, in the Richmond Magisterial District of Wise County, Virginia, and being 0.492 acre parcel known as Lot No. 102, Plat 2 of the Danberry Heights Subdivision, and being more particularly bounded and described as follows:

Beginning at a 5/8” steel rebar in the northwesterly R/W line of Valley View Drive at the common corner to Lots 101 and 102; thence leaving said Lot 101 and with said R/W line, and with the two curves to the left, the first having a central angle 07 degrees 19' and a length of 65.32 feet, and the second having a central angle of 05 degrees 41' and a length of 50.72 feet, with a combined chord bearing and distance of S 49 02 41 W 114.93 feet to a 5/8” steel rebar at the common corner to Lots 102 and 103; thence leaving said Valley View Drive and with the common line of Lots 102 and 103, N 48 55 00 W 142.93 feet to a roof bolt in the line of Lot 20 of the Danberry Heights Subdivision Plat 4; thence leaving said Lot 103 and with the common line of said Lot 20 and Lot 21 N 41 08 17 E passing a 1/2” steel pin at 32.81 feet, being a common corner of said Lots 20 and 21 and continuing 135.40 feet, for a total distance of 168.21 feet to a 1/2” steel pin at the common corner to said Lots 101 and 102 in the line of said Lot 21; thence leaving said Lot 21 and with the common line of said Lots 101 and 102, S 29 59 52 E 167.75 feet to the beginning, containing 0.492 acres. This description prepared from a physical survey conducted by James J. Thomas, Va. LS #1507, on March 6, 1987, attached to and recorded with a deed in Deed Book 672, page 584.

Being the same real estate conveyed to Braxton F. Cann, Jr. and Sandra W. Duffy, his wife, by deed from Steven B. Gartshore and K. Lynn Gartshore, his wife, dated June 10, 1993, recorded June 24, 1993, in Deed Book 755, page 9. The said Sandra W. Duffy died September 23, 2009, thereby vesting fee simple title in Braxton F. Cann, Jr.

The sale will be held at the front entrance of the Wise Circuit Court, 206 East Main Street, Wise, Virginia 24293.

There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his pro-rata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.

When making their bids, all bidders except the Secretary must submit a deposit in the form of a certified check or cashier's check made out to the Secretary of Housing and Urban Development. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit must be presented before the bidding is closed. In any case, the amount of the required deposit will be $20,000.00, or ten percent (10%) of the Secretary's bid, whichever is less. The deposit is nonrefundable. The remainder of the purchase price must be delivered within thirty (30) days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier's check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment, and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them.

The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for fifteen- (15-) day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier's check made payable to the Secretary of Housing and Urban Development. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due.

If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the Foreclosure Commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the Property to the second highest bidder for an amount equal to the highest price offered by that bidder.

There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of sale as provided herein. HUD does not guarantee that the Property will be vacant.

The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than three (3) days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the Deed of Trust are tendered to the Foreclosure Commissioner, in the form of a certified or cashier's check payable to the Secretary of Housing and Urban Development, before public auction of the Property is completed.

The amount that must be paid if the Deed of Trust is to be reinstated prior to the scheduled sale is $207,843.06 as of July 1, 2020, plus all interest accrued after that date, plus all other amounts that would be due under the Deed of Trust if payments thereunder had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner's attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement.

Tender of payment by certified or cashier's check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.

This is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.

Trevor B. Reid

(VSB #77233)

Foreclosure Commissioner

6802 Paragon Place,

Suite 300

Richmond, Virginia


Telephone: (804) 261-7323

Facsimile: (804) 627-0381

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