EFFECTIVE 07/06/2021 Sales will now take place at the new Courthouse located at 9250 Judicial Way formerly known as Bendix Road
PLEASE NOTE: In the event that the office building at 5335 Wisconsin Ave is closed, all scheduled Washington, DC sales will take place at the front entrance door of the Chevy Chase Pavilion
Legal Address: 1266 MEIGS PLACE NE WASHINGTON DC 20002
Property Geocode:
Sale Date: 2024-11-19
Sale Time: 1:55 PM
Online Views: 12
Pardo & Drazin, LLC
Russell S. Drazin, Attorney
4400 Jenifer Street, NW, Suite 2
Washington, DC 20015
202-223-7900
COURT APPOINTED SUBSTITUTE TRUSTEE
JUDICIAL SALE OF REAL PROPERTY
1266 Meigs Place, NE
Washington, DC 20002
Lots 0137 and 0138 in Square 4055
In execution of an Order/Decree (“Sale Decree”) from the Superior Court of the District of Columbia (the “Court”) in Case No. 2024-CAB-000270 (the “Foreclosure Case”), the Court Appointed Substitute Trustee (“Substitute Trustee”) will offer for sale at public auction the real property located at 1266 Meigs Place, NE, Washington, DC 20002, designated as being Lot 0137 in Square 4055, and as more fully described in the Deed of Trust, Security Agreement and Assignment of Leases and Rents (the “Deed of Trust”) dated May 28, 2014 and recorded on May 29, 2014 as Instrument No. 2014047705 from Zenebe Shewayene (“Borrower”), as grantor, to T. D. Service Company, a California corporation, as trustee, for the benefit of Velocity Commercial Capital, LLC, a California limited liability company, as beneficiary, securing that certain Semi-Annual Adjustable Term Note dated May 28, 2014 in the principal amount of $285,000.00. The sale will occur at the office of Harvey West Auctioneers, Inc., 5335 Wisconsin Avenue, NW, Suite 440, Washington, DC 20015 on
NOVEMBER 19, 2024 AT 1:55 PM
The property will be sold in an “AS IS” condition, with no warranty of any kind, and subject to conditions, restrictions, agreements, liens, and encumbrances of record affecting the same – except those encumbrances of record that are extinguished by operation of District of Columbia law by virtue of the foreclosure of the Deed of Trust. The sale will be subject to ratification by the Court.
Purchaser will take title to the property subject to all taxes and water/sewer charges, if any. Purchaser assumes the risk of loss or damage to the property from the date of sale forward. Purchaser shall be responsible for obtaining physical possession of the property.
TERMS OF SALE: A nonrefundable deposit of at least ten percent (10%) of the bid price by certified funds will be required of purchaser at the time and place of sale. Substitute Trustee may condition the right to bid or acceptance of bids upon a showing of said deposits, and may reserve the right to reject any bid made by anyone who does not have the deposit in hand at the auction. Substitute Trustee shall hold any deposit in a non-interest bearing trust account. The deposit required to bid at the auction is waived for noteholder and any of noteholder’s successors or assigns. 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 Substitute Trustee that shall be announced at the sale. Substitute Trustee may enter into a contract of sale with the highest qualified bidder subject to ratification by the Court, and any memorandum of sale must indicate that the sale is subject to said ratification. If a third party bidder is successful at the auction, the bond filed in the Foreclosure Case shall be increased to the full amount of the purchase price, which shall be posted prior to ratification by the Court. Substitute Trustee shall file a Verified Report of Sale with the Court within thirty (30) days of the auction. The Verified Report of Sale shall specify the time, place, terms of the sale, the purchaser, the purchase amount, and the deposit held, together with an affidavit and documentation establishing that Substitute Trustee complied with the notice and advertisement requirements of the Deed of Trust and Sale Decree. Unless otherwise ordered at the time of ratification, settlement shall occur by payment of all sums due under the bid in certified funds to Substitute Trustee within thirty (30) calendar days from the entry of an order ratifying the sale. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO SETTLEMENT BY PURCHASER. Balance of the purchase price to be paid in certified funds at settlement. Interest to be paid on the unpaid purchase money from the date of sale to the date of settlement at the applicable interest rate set forth in the debt instrument secured by the Deed of Trust. Noteholder and its affiliates, if a bidder, shall not be required to post a deposit or to pay interest. Purchaser shall be responsible for payment of all settlement costs. If purchaser fails or refuses to settle within the allotted time frame, the deposit will be forfeited and Substitute Trustee may apply the deposit toward costs, fees and his compensation associated with the initial auction and the resale process. Any remaining amount shall be credited to the underlying debt. Defaulting purchaser shall be liable to Substitute Trustee for legal fees and costs incurred by Substitute Trustee in connection with such default. If Substitute Trustee is unable to settle as set forth herein, purchaser’s sole remedy at law and in equity shall be limited to a refund of the deposit and the sale shall be considered null and void and of no effect whatsoever. After purchaser’s funds submitted to Substitute Trustee have cleared, Substitute Trustee shall execute and deliver a Substitute Trustee’s Deed, transferring title to purchaser. The costs of recording the Substitute Trustee’s Deed shall be the responsibility of purchaser. Substitute Trustee shall be entitled to recover his costs incurred, including reasonable attorney’s fees and commissions as authorized by the Deed of Trust for the execution of duties performed in accordance with the foreclosure and the Sale Decree as part of the settlement. Within sixty (60) days of settlement, Substitute Trustee shall file evidence of the settlement including a copy of the Substitute Trustee’s Deed, a proposed accounting and distribution of funds, and a proposed order ratifying the distribution. A copy of those documents shall be sent to the Borrower and all junior lien holders, together with a notice that any claim or dispute with the proposed accounting and distribution must be filed within fourteen (14) days, and that if no claim or objection is filed, the accounting and distribution may be ratified by the Court without further hearing. Any unclaimed funds due to junior lienholders, owners, or any other party, may be identified for payment into the Court registry, and upon payment thereof, Substitute Trustee may request a determination that his duties have been discharged and the Foreclosure Case be closed with the bond released. Substitute Trustee may establish additional terms of sale as may be appropriate in his judgment to promote the best price at the auction so long as any additional terms remain consistent with and do not alter the specific terms and conditions of the Deed of Trust and the Sale Decree.
Russell S. Drazin, Court Appointed Substitute Trustee
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Oct. 28, Nov. 4, nov. 11, & nov. 18, 2024
(THE WASHINGTON POST)