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: 12503 MEADOWOOD DRVE & MEADOWOOD DRIVE SILVER SPRING MD 20904
Property Geocode:
Sale Date: 2025-04-23
Sale Time: 11:00 AM
Online Views: 53
NOTICE OF TRUSTEES’ SALE
12503 Meadowood Drive and Meadowood Drive, Silver Spring, MD 20904
Tax Account Nos: 05-00293624 and 05-01636415
By virtue of that certain Purchase Money Deed of Trust dated December 15, 2020 and recorded among the land records of Montgomery County, Maryland in Book 61859, Page 476 as modified by that certain Modification of Deed of Trust dated as of March 1, 2023 and recorded among the aforesaid land records in Book 66912, Page 90 (as so modified, the “Deed of Trust”), defaults having been made in the payment of the debt secured thereby, and being instructed to do so by the party secured by the Deed of Trust (the “Noteholder”), the undersigned Substitute Trustees, any of whom may act, will offer for sale at public auction to the highest bidder in front of the Circuit Court Montgomery County, Maryland located at 50 Maryland Avenue, Rockville, MD 20850, on:
April 23, 2025 at 11:00 AM
the following described real property TOGETHER WITH any and all buildings, structures, improvements or appurtenances now erected on the above-described land, if any (the “Property”):
Parcel 1: Lot numbered Seven (7) in Block numbered Eleven (11) in the subdivision known as “MEADOWOOD”, as per plat thereof recorded in Plat Book 9 at Plat numbered 677 among the Land Records of Montgomery County, Maryland (Tax Account No: 05-00293624)
AND
Parcel 2: That certain real property located in Montgomery County, Maryland being all of the North One Half of Carl Drive as abandonment by Equity Case No. 20994, with the Final Decree dated March 8, 1966 and recorded among the Circuit Court for Montgomery County, Maryland and being more particularly described in the north datum of a plat of subdivision for MEADOWOOD and recorded among the land records of Montgomery County, Maryland in Plat Book 9 at Plat numbered 677, more particularly described in the above-referenced Deed of Trust recorded among the aforesaid land records, and consisting of approximately 0.23595 acres, more or less (Tax Account: 05-01636415)
The personal property and non-real estate rights and interests to be offered for sale by the Substitute Trustees consist of all forms of personal property located upon or related to the real property and which are subject to the security interest granted in the Deed of Trust. The personal property also includes all leases and other rights and interests as defined and described in the Deed of Trust. No representations or warranties are made as to the existence or condition of any such items, it being the sole responsibility of the purchaser to make such determination. The Substitute Trustees reserve the right to exclude certain personal property from inclusion in the foreclosure sale. Such excluded items will be announced at the time of the sale.
Terms of sale: ALL CASH. 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.
To qualify as a bidder a deposit of $10,000, by certified or cashier’s check or wire transfer, must be delivered to the Substitute Trustees prior to commencement of the sale by each bidder, except from a bidder on behalf of the Noteholder or any servicer acting on the Noteholder’s behalf, or any subsidiary or affiliate of any of them (each, a “Lender-Affiliated Party”). Any Lender-Affiliated Party may apply the outstanding amount of the debt under the Note as a credit to its bid.
The deposit check will be deposited by the Substitute Trustees and the deposit, without interest, will be applied to the purchase price at closing. Closing will be held on or before fifteen (15) days after ratification of the sale by the Circuit Court for Montgomery County, Maryland; time being of the essence. The Substitute Trustees reserve the right to extend the date of closing as may be necessary to complete arrangements for the closing. Upon purchaser’s default, the deposit shall be forfeited, and the Property may be resold at the risk and costs of the defaulting purchaser. After any such default and forfeiture, the Property may, at the discretion of the Substitute Trustees, be conveyed to the next highest bidder whose bid was acceptable to the Substitute Trustees. Such forfeiture shall not limit any liability of the defaulting purchaser or any rights or remedies of the Substitute Trustees or the Noteholder with respect to any such default.
The Property shall be sold “AS IS” and “WITH ALL FAULTS.” None of the Substitute Trustees nor any Lender-Affiliated Party, nor any of their respective agents, employees, successors, or assigns (all of the foregoing, collectively, “Releasees”) make any representations or warranties with respect to the Property including, without limitation, representations or warranties as to the structural integrity, physical condition, construction, workmanship, materials, habitability, compliance with applicable zoning regulations, fitness for a particular purpose or merchantability of all or any part of the Property. The purchaser recognizes and agrees that any investigation, examination, or inspection of the Property being sold is within the control of the owner or other parties in possession and not within the control of the Releasees.
Conveyance of the Property shall be by trustee’s deed with special warranty for the real property and quitclaim bill of sale for the personal property, and shall be subject to all existing housing, building, zoning and other code violations, if any, subject to all environmental problems and violations which may exist on or with respect to the Property, if any, and shall be subject to all recorded and unrecorded liens, encumbrances, security interests, easements, rights-of-way, covenants, agreements, conditions, restrictions, leases, occupancy agreements and mechanics and materialmen’s liens, to the extent any of the foregoing may lawfully apply to the Property being sold, or any part thereof, and take priority over the liens and security interests of the Deed of Trust. The Property also shall be sold subject to all leases of the Property or any portions thereof.
Without limiting the generality of the foregoing, the Property will be sold without representation or warranty as to the environmental condition of the Property or the compliance of the Property with federal, state, or local laws and regulations concerning the purchase or disposal of hazardous substances. Acceptance of the deed and bill of sale to the Property shall constitute a waiver of any claims against each and all of the Releasees, concerning the environmental condition of the Property including, but not limited to, claims arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and/or state or local law, ordinances or regulations. The purchaser shall be required to sign a sale memorandum waiving any cause of action it may have against the Releasees, for any condition of the Property that may not comply with any federal, state or local law, regulation or ruling including, without limitation, any laws, regulations and rulings relating to environmental contamination or hazardous wastes. Such agreement shall also provide that if, notwithstanding such agreement, a court of competent jurisdiction should permit such a claim to be made against any Releasee(s), such agreement shall serve as the overwhelming primary factor in any equitable apportionment of response costs or other liability. Nothing in this paragraph shall release, waive, or preclude any claims the purchaser may have against any other person with respect to the Property.
Risk of loss or damage to the Property shall be borne by the purchaser upon and after the strike down of the bid at the foreclosure sale. At closing the purchaser shall pay all closing costs including, but not limited to, the preparation of the Substitute Trustees deed, all taxes and recording costs assessed thereon including, but not limited to, transfer tax, recordation tax, settlement fees, survey fees, title examination charges and title insurance premiums. Real estate taxes prorated through the day prior to the foreclosure will be paid by the Substitute Trustees. Purchaser shall be responsible for all real estate taxes accruing on the Property on and after the date of the sale. The Substitute Trustees will not deliver possession of all or any part of the Property being sold.
The Substitute Trustees reserve the right to amend or supplement the terms of sale by verbal announcements during the sale, to modify the requirements for bidders’ deposits, to reject any and all bids, to withdraw all or part of the Property from the sale prior to the commencement of bidding, to postpone the sale, and to conduct such other sales as the Substitute Trustees may determine in their discretion. If the Substitute Trustees cannot convey title, the purchaser’s sole remedy shall be a return of deposit. Further particulars may be announced at the time of sale.
Immediately upon delivery of the deed and bill of sale for the Property by the Substitute Trustees, all duties, liabilities, and obligations of the Substitute Trustees, if any, to the purchaser with respect to the Property shall be extinguished.
Blake W. Frieman, Andrea Campbell Davison
Substitute Trustees
For information contact:
Blake W. Frieman
Bean, Kinney & Korman, P.C.
2311 Wilson Blvd., Suite 500
Arlington, Virginia 22201
703-525-4000
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