NOTICE OF PUBLIC AUCTION SPECIAL COMMISSIONER’S … · NOTICE OF PUBLIC AUCTION SPECIAL...

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NOTICE OF PUBLIC AUCTION

SPECIAL COMMISSIONER’S SALE OF REAL ESTATE

SMYTH COUNTY, VIRGINIA

Pursuant to the terms of those certain Decrees of Sale entered in the Circuit Court of Smyth County, the undersigned

Special Commissioner will offer for sale at public auction the following described real Circuit Court of Smyth

County, located at 109 West Main Street, Marion, Virginia 24354, in the shared Courtroom on the 2nd floor, on

Wednesday, January 31, 2018 at 11:00 a.m., or as soon thereafter as may be effected. The sale of such property is

subject to the terms and conditions below and any such terms and conditions which may be announced on the day of

the auction. Announcements made on the day of the auction take precedence over any prior written or verbal terms

of sale.

Property Owner Identification

Description

1 Joseph J. Cregger Estate Tax Map No. 11-A-1

Acct No. 62774

TACS No. 392160

North Fork Magisterial District, Ceres,

Virginia, Mountain, containing 205

acres, more or less, off Old Wilderness

Road near Sunset River Road.

2 Howard C. Beverly Estate, et

al.

Tax Map No. 48A1-3B-21

Acct. No. 46574

TACS No. 409948

Atkins Magisterial District, Exit 50

from I-81 South, designated as Lot 21.

3 Nora Johnson, et al. Tax Map No. NM-13

Acct. No. 90875

TACS No. 95883

Brushy Mountain, containing 5.25

acres, more or less, unmapped.

4 J.H. Jones, et al. Tax Map No. 189-96-4

Acct No. 19089

TACS No. 410021

Park Magisterial District, Marion,

(land) Lot 1, on W. Chilhowie Street,

near White Drive.

5 Kathy Mitchell Tax Map No. 28A3-3-35

Acct. No. 35491

TACS No. 410024

120 Perryville Road, Saltville, VA

24370.

6 Patricia Ann Witherspoon Tax Map No. 37-A-86

Acct. No. 46523

TACS No. 396724

Middle Fork, on Lee Highway near

Conover Lane.

7 David Pennington, et al. Tax Map No. 76B-1-3

Acct. No. 108863

TACS No. 410012

1374 St. Clairs Creek Road, Chilhowie,

VA 24319.

8 John A. Frye, et al. Tax Map No. 17-A-39

Acct. No. 108910

TACS No. 410042

Poore Valley, North Fork Magisterial

District, Lot 1, between Royal Lane and

Still House Hollow Road, off Upper

Poore Valley Road.

9 John A. Frye, et al. Tax Map No. 17-A-74A

Acct. No. 108928

TACS No. 410042

Poore Valley, North Fork Magisterial

District, (land), on Upper Poore Valley

Road.

10 James C. Debusk, et al. Tax Map No. 64-A-18

Acct. No. 66052

TACS No. 410032

629 Needmore Road, Chilhowie, VA

24319.

Property Owner Identification

Description

11 James Russell, et al. Tax Map No. NM-16

Acct. No. 119199

TACS No. 95953

Scratch Gravel, Lot 1. (land)

Unmapped.

12 Charles Evans Allison

Estate, et al.

Tax Map No. 28A3-A-81

Acct. No. 40991

TACS No. 410026

Allison Gap, Saltville Magisterial

District, containing 16.75 acres, more or

less, (land) entrance off Allison Gap

Road, near Lick Skillet Road.

13 Charles Evans Allison

Estate, et al.

Tax Map No. 28A3-A-81A

Acct. No. 41009

TACS No. 410026

Saltville Magisterial District, Tract B.

Allison Gap, Saltville Magisterial

District, entrance off Allison Gap Road.

14 Columbus G. Russell Estate,

et al.

Tax Map No. 210-126-B-17

Acct. No. 10561

TACS No. 409950

427 Pearl Avenue, Marion VA 24354.

15 Patricia W. Combs Tax Map No. 28A11-1-31

Acct. No. 35238

TACS No. 410037

605 W. Main Street, Saltville, VA

24370.

16 Joe Trail, et al. Tax Map No. 44-A-28A

Acct. No. 133353

TACS No. 95997

Walker Creek. 2 acres, more or less.

Unmapped.

17 John Dunn, et al. Tax Map No. 40-A-3

Acct. No. 68284

TACS No. 410039

1037 Palmer Avenue, Saltville, VA

24370.

18 Straite From the Bible, Inc.,

et al.

Tax Map No. 74B-1-55

Acct. No. 160040

TACS No. 410019

Saddlebrook Farms, Rye Valley

Magisterial District, Sec. 6 Lot 55,

containing .42 acre, more or less.

19 Straite From the Bible, Inc.,

et al.

Tax Map No. 74B-1-56

Acct. No. 160059

TACS No. 410019

Saddlebrook Farms, Rye Valley, Sec. 6,

Lot 56, containing .41 acre, more or

less.

20 Elizabeth A. Barrett Tax Map No. 28A15-A-12A

Acct. No. 95320

TACS No. 446128

Town of Saltville, (land/quarry),

containing .94 acre, more or less, on

Palmer Avenue, near Sycamore Road.

21 Powerboss Batteries, Inc., et

al.

Tax Map No. 20-2-1

Acct. No. 88196

TACS No. 95882

North Fork Magisterial District,

containing .83 acre, more or less, off

Blue Grass Trail, near Sky Lark Lane.


al.

Tax Map No. 20-A-63A

Acct. No. 88204

TACS No. 95882


designated as Tract 3, containing .74

acre, more or less, off Blue Grass Trail,

near Sky Lark Lane.


al.

Tax Map No. 20-2-2A

Acct. No. 88200

TACS No. 95882


containing .24 acre, more or less, off

Blue Grass Trail.

TERMS OF SALE: All sales are subject to confirmation by the Circuit Court of the County of Smyth. The highest

bidder shall deposit twenty-five percent (25%) or One Thousand Dollars ($1,000.00), whichever is higher, at the

time of the auction. Bids which are less than One Thousand Dollars ($1,000.00) shall be paid in full at the time of

the auction. Deposits shall not exceed Twenty Thousand Dollars ($20,000.00). Such sum shall be held by the Special

Commissioner and credited towards the purchase price following confirmation of the sale. All deposits must be

made in the form of personal check, traveler’s check, cashier’s check or money order. No cash will be accepted.

The balance of the purchase price shall be deposited by the highest bidder with the Special Commissioner within

fifteen (15) days of confirmation of the sale by the Court. The Special Commissioner of Sale has the right to reject

any bids determined to be unreasonable in relation to the estimated value of the Property. Properties are conveyed

by Special Warranty Deed, subject to any easements, covenants, agreements, restrictions, reservations, and any and

all rights of record which may affect the property. There will be a 10% buyer’s premium and a $100.00 flat fee

added to the final bid to determine final contract price. The buyer’s premium or flat fee is due at the time of the

auction. Recording costs for deed recordation will be the responsibility of the successful bidder and will be due with

the balance of the purchase price within fifteen (15) days of confirmation of sale by the Court.

Properties are offered for sale as-is, with all faults and without any warranty, either expressed or implied. Persons

are encouraged to make a visual inspection of the property within the limits of the law and to obtain an independent

title search prior to bidding on any of the properties. Bidders are strongly encouraged to make their own inspection

to determine the suitableness of the property and it is assumed that all bidders will perform due diligence prior to the

day of the auction. Any costs incurred by the bidder to inspect the property are at the expense of the bidder and are

non-refundable.

Please be advised that in order to qualify as a bidder at this auction, you may not owe delinquent taxes to the County

of Smyth and you may not be a Defendant in any pending delinquent tax matter. Questions concerning the properties

subject to sale or the tax sale process should be directed to TACS online at www.taxva.com, by email to

[email protected], or by phone to (804) 612-0629.

John A. Rife, Esq.

Jeffrey A. Scharf, Esq.

Andrew M. Neville, Esq.

Phillip E. Lecky, Esq.

Special Commissioners

Taxing Authority Consulting Services, PC

P.O. Box 31800

Henrico, Virginia 23294-1800

http://www.taxva.com/

mailto:[email protected]

PURCHASER’S ACKNOWLEDGEMENT AND

CONTRACT OF SALE

At that certain Special Commissioner’s sale held on Wednesday, January 31, 2018 in the cause

styled Smyth County v. the undersigned was the highest bidder on the real estate

described below, for a bid price of $__________________.

Tax Map No._______________________________

Account No. _______________________________

I understand that a deposit of $______________ (25% of the purchase price or $1,000.00,

whichever is more, or the entire purchase price if less than $1,000.00, or $20,000 if purchase price is

more than $80,000 is required to be deposited today with the Special Commissioner and that the balance

will be due within fifteen (15) days after confirmation of this sale by the Circuit Court of Smyth County,

Virginia. Further, I understand that a buyer’s premium is required in this auction and have agreed to pay

$________________________ as a buyer’s premium.

I understand that this property is being sold subject to any covenants, easements, agreements,

restrictions, reservations, conditions of record, and any claims of persons in possession. I understand that

this property may not have a right-of-way to a public road, and I hereby accept this limitation. I

understand that I will be notified at the address below of the date the Court intends to confirm this sale,

and that this Court hearing will be my last opportunity to raise any questions concerning this sale. I

understand that this parcel can be redeemed prior to confirmation from the Court. I understand that this

property is offered for sale as-is, with all faults and without any warranty, either expressed or implied, and

I confirm that I have satisfied myself as to the property’s existence and location prior to the execution of

this contract.

I understand that I will be responsible for any real estate taxes on this parcel from the date of sale

(auction date). I further understand that in the event I owe delinquent taxes to Goochland County or if I

am named as a Defendant in any delinquent tax suit filed by Smyth County, Virginia, that this contract

may be made null and void and I agree to forfeit any right, title or interest that I may have in the real

estate to the next highest bidder as listed in the auction documents.

If the balance of the purchase price is not paid in full within fifteen (15) days of confirmation, I

agree to forfeit the deposit and pay any charges incurred by the Special Commissioner or the Court in

collecting on the delinquent amount. I further understand that if I fail to comply with this Purchaser’s

Acknowledgement and Contract of Sale, that this real estate may be resold and that I will be responsible

for any deficiency upon resale, including any expenses that may be incurred.

I understand that former owner(s) of this property may for good cause shown, within ninety (90)

days from the entry of the Decree of Confirmation in this matter, petition the Court to have the matter

reheard. I understand that title to the property described herein will be taken in the name(s) indicated

below and I represent that I have the authority to purchase and title the property in the name(s) shown

below.

____________________________________

Name (please print)

____________________________________

Signature

____________________________________

Address

____________________________________

City, State, Zip

____________________________________

Telephone

____________________________________

Email Address

___________________________________


Title will be taken in the name of:

_____________________________________________________________________________________ Type of Interest: Tenants in Common Tenants by Entirety with ROS Joint Tenants None

CERTIFICATION

It is hereby certified that the above-referenced purchaser has, on this the 31th day of January,

2018, duly acknowledged and executed the foregoing Purchaser’s Acknowledgment and Contract of Sale.

I further certify that the contact information and signature shown above belong to the aforementioned

purchaser and are true and correct to the best of my knowledge.

____________________________________


Property No. 1 Tax Map No. 11-A-1

Tax ID: 11-A-1

Account: 62774

Owner: CREGGER JOSEPH J. ESTATE

Acres: 205

Description 1: MOUNTAIN – NORTH FORK MAGISTERIAL DISTRICT

Land Value: $210,300

Year Sold: 2000

DISCLAIMER: The information contained on this page is NOT to be used as a LEGAL DOCUMENT.

The map information displayed is believed to be accurate but accuracy is not guaranteed.

Property No. 2 Tax Map No. 48A1-3B-21

Tax ID: 48A1-3B-21

Account: 46574

Owner: BEVERLY HOWARD C ESTATE

Description 1: MIDDLE FORK – ATKINS MAGISTERIAL DISTRICT

Description 2: LOT 21

Land Value: $5,000

Sell Price: 150

Year Sold: 1941

Deed Book: 82 Page: 465

DISCLAIMER: The information contained on this page is NOT to be used as a LEGAL DOCUMENT. The map

information displayed is believed to be accurate but accuracy is not guaranteed.

Property No. 3 Tax Map No. NM-13

Bushy Mountain, containing 5.25 acres, more or less.

DATA FOR TAX MAP NUMBER IS NOT AVAILABLE.

PROPERTY UNMAPPED



Property No. 4 Tax Map No. 189-96-4

Tax ID: 189-96-4

Account: 19089

Owner: J.H. JONES

Description 1: W CHILHOWIE RD

Description 2: 1 LOT

Land Value: $10,000

Sell Price: $290

Year Sold: 1924

Deed Book: 51 Page 167



Property No. 5 Tax Map No. 28A3-3-35

Tax ID: 28A3-3-35

Account: 35491

Owner: KATHY MITCHELL

Acres: 0.25

Description 1: 120 PERRYVILLE RD – SALTVILLE, VA


Building Value: $200

Land Value: $5,000

Year Sold: 1989

Sell Price: $14,500





Tax ID: 37-A-86

Account: 46523

Owner: PATRICIA ANN WITHERSPOON

Description 1: MIDDLE FORK – ATKINS MAGISTERIAL DISTRICT

Description 2: LOT

Building Value: $5,000

Land Value: $10,000

Year Sold: 2003

Sell Price: $38,000




Property No. 7 Tax Map No. 76B-1-3

Tax ID: 76B-1-3

Account: 108863

Owner: DAVID PENNINGTON

Description 1: ST CLAIR CREEK – 1374 ST CLAIRS CREEK ROAD, CHILHOWIE, VA

Description 2: 1 LOT


Land Value: $10,000

Year Sold: 1955

Sell Price: $215





Tax ID: 17-A-39

Account: 108910

Owner: JOHN AND ELIZABETH FRYE

Description 1: POORE VALLEY – NORTH FORK MAGISTERIAL DISTRICT



Land Value: $5,000

Year Sold: 2000




Property No. 9 Tax Map No. 17-A-74A

Tax ID: 17-A-74A

Account: 108928

Owner: JOHN AND ELIZABETH FRYE

Description 1: POORE VALLEY - NORTH FORK MAGISTERIAL DISTRICT


Land Value: $5,000

Year Sold: 2000





Tax ID: 64-A-18

Account: 66052

Owner: JAMES AND MARY ELLEN DEBUSK

Acres: 0.44

Description 1: SOUTH FORK – 629 NEEDMORE ROAD, CHILHOWIE, VA


Land Value: $10,000

Year Sold: 2000



Property No. 11 Tax Map No. NM-16

Scratch Gravel, Lot 1 (land)


PROPERTY UNMAPPED



Property No. 12 Tax Map No. 28A3-A-81

Tax ID: 28A3-A-81

Account: 40991

Owner: ALLISON CHARLES E ESTATE

Acres: 16.75

Description 1: ALLISON GAP – SALTVILLE MAGISTERIAL DISTRICT

Land Value: $25,100

Year Sold: 1969

Sell Price: $275




Property No. 13 Tax Map No. 28A3-A-81A

Tax ID: 28A3-A-81A

Account: 41009

Owner: ALLISON CHARLES EVANS ESTATE

Description 1: TRACT B – SALTVILLE MAGISTERIAL DISTRICT

Land Value: $1,000

Year Sold: 1970

Sell Price: $339




Property No. 14 Tax Map No. 210-126-B-17

Tax ID: 210-126-B-17

Account: 10561

Owner: COLUMBUS G RUSSELL ESTATE

Description 1: PEARL AVE – ROYAL OAK MAGISTERIAL DISTRICT

Description 2: LOT 17 – 427 PEARL AVENUE, MARION, VA


Land Value: $5,000

Year Sold: 1992




Property No. 15 Tax Map No. 28A11-1-31

Tax ID: 28A11-1-31

Account: 35238

Owner: PATRICIA W. COMBS

Acres: 0.17

Description 1: 605 W MAIN STREET, SALTVILLE, VA



Land Value: $5,000

Year Sold: 1982

Sell Price: $8,000





Walker Creek, 2 acres, more or less.


PROPERTY UNMAPPED




Tax ID: 40-A-3

Account: 68284

Owner: JOHN AND ETHEL DUNN

Description 1: MAP L-15

Description 2: LOT 813 - 1037 PALMER AVE, SALTVILLE VA 24370


Land Value: $10,000

Year Sold: 2000




Tax ID: 74B-1-55

Account: 160040

Owner: STRAITE FROM THE BIBLE, INC. & CONLEY R PRUITT

Acres: 0.42

Description 1: SADDLEBROOK FARMS – RYE MAGISTERIAL DISTRICT

Description 2: SEC 6 LOT 55

Land Value: $5,000

Year Sold: 1990





Tax ID: 74B-1-56

Account: 160059

Owner: STRAITE FROM THE BIBLE, INC. & CONLEY R PRUITT

Acres: 0.41

Description 1: SADDLEBROOK FARMS – RYE VALLEY MAGISTERIAL DISTRICT

Description 2: SEC 6 LOT 56

Land Value: $5,000

Year Sold: 1990




Property No. 20 Tax Map No. 28A15-A-12A

Tax ID: 28A15-A-12A

Account: 95320

Owner: ELIZABETH A. BARRETT

Acres: 0.94

Description 1: QUARRY – SALTVILLE MAGISTERIAL DISTRICT

Land Value: $10,000

Year Sold: 1992

Sell Price: $5,000




Property No. 21 Tax Map No. 20-2-1

Tax ID: 20-2-1

Account: 88196

Owner: POWERBOSS BATTERIES, INC.

Acres: 0.83

Description 1: TRS 2-2A – NORTH FORK MAGISTERIAL DISTRICT

Description 2: STATE RD 42


Land Value: $8,300

Year Sold: 1988





Tax ID: 20-A-63A

Account: 88204


Acres: 0.74

Description 1: COVE – NORTH FORK MAGISTERIAL DISTRICT

Description 2: TR III


Land Value: $5,900

Year Sold: 1988




Property No. 23 Tax Map No. 20-2-2A

Tax ID: 20-2-2A

Account: 88200


Acres: 0.24

Description 1: ST RD #42 – NORTH FORK MAGISTERIAL DISTRICT

Description 2: TR 1

Land Value: $1,400

Year Sold: 1988




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