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: 617 BALBOA AVENUE CAPITOL HEIGHTS MD 20743
Property Geocode:
Sale Date: 2025-07-31
Sale Time: 12:00 PM
Online Views: 74
Pardo & Drazin, LLC
Russell S. Drazin, Attorney
4400 Jenifer Street, NW, Suite 2
Washington, DC 20015
202-223-7900
SUBSTITUTE TRUSTEE’S SALE
OF REAL PROPERTY
617 Balboa Avenue
Capitol Heights, MD 20743
Account ID 18-1990928
Under a power of sale contained in that certain Purchase Money Deed of Trust (the “Deed of Trust”) dated October 29, 2021 and recorded on December 28, 2021 in Book 46790 at Page 393, from Foote Creek LLC (“Borrower”), a Maryland limited liability company, as grantor, to John D. Eubank and Timothy E. Lewis (“Original Trustees”), as trustees, for the benefit of Commercial Lending, L.L.C. (“Lender”), a Virginia limited liability company, as beneficiary, securing that certain Commercial Deed of Trust Note (the “Note”) dated October 29, 2021 in the principal amount of $225,000.00, as amended, default having occurred under the terms thereof, and pursuant to a Deed of Appointment of Substitute Trustee dated March 29, 2024 and recorded on April 1, 2024 in Book 49696 at Page 441 removing Original Trustees as trustees under the Deed of Trust and appointing Russell S. Drazin (“Substitute Trustee”) as substitute trustee under the Deed of Trust, Substitute Trustee will sell at public auction at the front entrance of the Circuit Court for Prince George’s County, located at 14735 Main Street, Upper Marlboro, MD 20772, on
JULY 31, 2025 AT 12:00 PM
ALL THAT FEE-SIMPLE LOT OF GROUND AND ANY IMPROVEMENTS THEREON situated in Prince George’s County, Maryland, commonly known as 617 Balboa Avenue, Capitol Heights, MD 20743, and more fully described in the aforesaid Deed of Trust, as well as ALL PERSONAL PROPERTY encumbered by the Deed of Trust (collectively, "Property").
The Property will be sold in an "AS IS" condition and subject to recorded covenants, conditions, restrictions, agreements, and senior liens, if any, and with no warranty of any kind (except as required by the Deed of Trust).
TERMS OF SALE: A deposit of $40,000.00 by cashier's check will be required of the purchaser at the time and place of sale. The balance of the purchase price to be paid in cash or certified funds within ten (10) days of final ratification of the sale by the Circuit Court for Prince George’s County. Interest to be paid on the unpaid purchase money at the rate in effect under the debt instrument secured by the Deed of Trust from the date of sale to the date of settlement. Secured Party, if a bidder, shall not be required to post a deposit or to pay interest.
Purchaser shall settle within ten (10) days of final ratification of the sale by the Circuit Court for Prince George’s County. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO SETTLEMENT BY PURCHASER. Cost of all documentary stamps (recordation taxes), transfer taxes and settlement expenses shall be borne by purchaser. Taxes, ground rent, water, and sewer, if applicable, are to be adjusted for the current year to the date of sale and assumed thereafter by purchaser.
In the event purchaser does not settle as required for any reason, purchaser shall be in default. Upon such default, Substitute Trustee may file a motion to resell the Property at the risk and expense of defaulting purchaser. Purchaser hereby consents to entry of such resale Order without further notice. Defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the Property, and the deposit shall be forfeited to Substitute Trustee and all of the expenses of this sale (including attorneys' fees and full commission on the gross sale price) shall be charged against and paid out of the forfeited deposit. Purchaser shall pay all attorneys' fees and costs, and all other damages of any kind or nature, incurred by Substitute Trustee and the secured party, and their respective agents, employees, successors and assigns, in connection with any such default.
If Substitute Trustee is unable to convey title, 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.
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.
Substitute Trustee reserves the right, in his sole discretion, to reject any and all bids, to withdraw the Property from sale at any time before or at the auction, to extend the time to receive bids, to waive or modify the deposit requirement, to waive or modify the requirement that interest be paid on the unpaid purchase money, and/or to extend the period of time for settlement.
Additional terms may be announced at the sale. Purchaser will be required to execute and deliver to Substitute Trustee a contract of the sale at the conclusion of the bidding.
Russell S. Drazin, Substitute Trustee
HARVEY WEST AUCTIONEERS, LLC
300 E. Joppa Road, Suite 1103, Towson, MD 21286
410-769-9797--------------------------------------------------------------------------------------------------------------------