Trustee Foreclosure Auction | Single-Family Home | McLean, VA
Cancelled - Trustee Foreclosure Auction | Single-Family Home | McLean, VA
This auction will be held on December 20th at 12p on the Fairfax County Circuit Courthouse steps - 4110 Chain Bridge Rd, Fairfax, VA 22030.
Property Address: 6170 Hardy Dr, McLean VA 22101
- 0.27 Acres
- Zoned R-3
- PARID #0311 09 0194
- Tax Assessed: $959,920
- Located in Potomac Hills Subdivision
- Two-story brick split level
- 1,851 SqFt
- Built in 1961
- 3 BR / 3 BA
- 2 fireplaces
- 1 car garage
- Central AC
- Chesterbrook Elementary School
- Longfellow Middle School
- McLean High School
AUCTION TERMS AND CONDITIONS
6170 Hardy Drive, McLean, VA 22101
Tax Parcel ID: 031-1-09-0194
Auction Date & Time: Wednesday, December 20, 2023 @ 12:00 pm
Auction Location: Fairfax County Circuit Courthouse
4110 Chain Bridge Rd, Fairfax, VA 22030
Registration Deposit: $100,000.00
Buyer’s Premium: 5% of the high bid price
Trustee: Joshua Bradley
Trustee Company: Rosenberg Martin Greenberg, LLP
Trustee Address: 25 South Charles Street, 21st Floor,
Baltimore, Maryland 21201
General Terms and Conditions of the Auction:
- Deposit & Sale: The successful bidder will be required to sign a Memorandum of Sale, immediately following the end of the Auction. A deposit in the amount of $100,000.00 shall be required of the purchaser at the time and place of sale. Deposits must be payable in cash, certified check, or other form acceptable to the Trustee. The deposit must be increased to ten percent (10%) of the amount of the successful bidder’s bid within five (5) business days after the sale and delivered to the office of the Trustee in the same form as the initial deposit. The deposit will be applied to the contract purchase price at closing. The deposit is non-refundable unless the Trustee is unable to convey clear title. The balance of the purchase price shall be due in cash or by certified check with interest on the unpaid balance of the purchase price at a rate of five percent (5%) per annum from the date of sale to and including the date of settlement. In the event that the Holder, an affiliate, or servicer thereof, or an assignee of any of them, is the successful bidder at the sale, such party will not be required to make a deposit or to pay interest on the unpaid purchase money. The Property will be sold subject to a Deed of Trust dated February 26, 2013, securing the original principal amount of Five Hundred Four Thousand Dollars ($504,000.00) recorded among the Land Records as instrument number 2013009883.0007 (the “Senior Trust”). The amount secured by the Senior Trust, if available to the Trustee, will be announced at the time and place of sale. Closings to take place within 30 days of sale. Time is of the Essence.
- Buyer’s Premium: There will be a 5% buyer’s premium which shall be compensation for the auctioneer, Walker Commercial Services, Inc. The buyer’s premium will be payable by the purchaser in addition to the bid amount and any other charges that are the responsibility of the purchaser under the terms of sale. Example: final bid amount of $100,000 x 5% = $5,000. $100,000 + $5,000 = $105,000 “Purchase Price”.
- “AS-IS,” “WHERE-IS”: The Property will be sold in an “AS IS,” condition and without any warranties or representations, either express or implied, as to the nature, condition, or description of the improvements. In addition, the Property will also be sold subject to all existing housing, building, and zoning code violates, subject to all critical area and wetland violations, subject to all environmental problems and violations which may exist on or with respect to the Property, and subject to all matters and restrictions of record affecting the same, if any. Potential purchasers must perform such independent investigations with respect to the property or title as they deem necessary. The purchaser at the foreclosure sale shall assume the risk of loss for the above-referenced Property immediately after the sale takes place. It shall be the purchaser’s responsibility to obtain possession of the Property. The property will be sold subject to all existing written leases with tenants, easements, conditions, liens, obligations of record, restrictions, rights of redemption, covenants, encumbrances, such state of facts that an accurate survey or physical inspection of the Property might disclose, and agreements of record affecting the same, if any, not otherwise extinguished by operation of law.
- Advertisements: All information provided by Auction Company and the Seller is deemed reliable but is not warranted. The information contained in this brochure and any advertisements by Auction Company are subject to verification by all parties relying on it. No liability for its accuracy, error or omission is assumed by the Auction Company or the Seller.
- Representation: Auction Company and its representatives represent the Seller.
- Deed: The property will be conveyed by Special Warranty Deed.
- Bidding: All Bidding is open to the public without regard to race, color, sex, religion, or national origin. All Bidders are required to have a Bidder's Number and provide proof of possession of cash or certified check for their respective deposit in order to bid. To obtain a Bidder's Number, you must be registered. As used in these conditions of sale the term "the final bid" means the highest bid acknowledged by the Trustee and Auctioneer, and the term "Purchase Price" means the sum of the Final Bid and the Buyer’s Premium. The highest bidder acknowledged by the Trustee and Auctioneer shall be the buyer. The Trustee reserves the right to reject any and all bids, and to extend the time for settlement, if applicable. The Trustee and Auctioneer may advance the bidding at their absolute discretion and, in the event of any dispute between bidders, may determine the successful bidder or re-offer and resell the property in dispute. Auctioneer reserves the right to set bid increments. Should there be any dispute after the sale, the record of final sale shall be conclusive. Any valid lienholder has the right to credit bid.
- Closing Cost & Settlements: The Deed shall be prepared and acknowledged by seller at purchaser’s expense and recorded at the expense of the purchaser, including the Grantor’s Tax which will be paid by the purchaser. The purchaser shall pay all state and local transfer taxes, recordation taxes and fees, title examination costs, attorney’s fees, conveyance fees and all other incidental settlement costs. Taxes, water rent, and all other municipal charges and liens owed against the Property shall be the responsibility of the purchaser and shall be paid by the purchaser at settlement. In addition, all other charges, all other charges, expenses and liens owed against the Property including, but not limited to, all condominium fees, home owners association fees and expenses and public charges and assessments owed against the Property and payable on an annual basis, such as sanitary and/or metropolitan district charges, if any, shall be the responsibility of the purchaser and shall be paid by the purchaser at settlement. The cost of documentary stamps, recordation taxes, document preparation and transfer taxes are to be paid by the purchaser. The purchaser shall settle and comply with the sale terms within thirty (30) days following the sale, unless said period is extended by the Trustee for good cause shown. Time is of the essence. Settlement shall be held at the offices of Rosenberg Martin Greenberg, LLP 25 S. Charles Street, Suite 2115, Baltimore, Maryland 21201, or such other location agreed to by the Trustee. In the event the purchaser fails to go to settlement as required, in addition to any other legal or equitable remedies available to them, the Trustee may declare the aforementioned deposit forfeited and resell the Property at the purchaser’s risk and expense. In such an event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of both sales, reasonable attorneys’ fees, all other charges due, and incidental damages. In the event a resale of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser the defaulting purchaser waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds. The parties’ respective rights and obligations regarding the terms of sale and the conduct of the sale shall be governed by and interpreted according to the laws of the Commonwealth of Virginia. If the Trustee is unable to convey the Property as described above, the Purchaser’s sole remedy at law or in equity shall be limited to the refund of the aforementioned deposit, without interest thereon. Upon refund of the deposit to the purchaser, the sale shall be void and of no effect, and the purchaser shall have no further claim against the Trustee or the Holder.
- Financing: Sale of the property is not contingent upon the Buyer obtaining financing.
- Inspection: All property is sold "As Is, With All Faults.” Description and other information are provided as a service to bidders only and do not constitute a representation or warranty, either expressed or implied. Trustee and Auctioneer disclaim all responsibility for physical condition. All purchasers are responsible for prior inspection of property on which they intend to bid, and by bidding are deemed to have so inspected the property. Auctioneer and Trustee are not responsible for delivering possession of the property, which is solely the responsibility of the purchaser.
- Bid Execution & Technical Problems: Auctioneer is not responsible for failing to execute bids due to Auction Company’s or bidder’s technological difficulties. Auctioneer has made reasonable efforts to provide for online bidding for this sale. You recognize and acknowledge, however, that technical problems with hardware, software, or internet connectivity, as well as human errors, may arise and may affect, without limitation, the sale website, our online bidding program, and process, your or our internet service and access, and your connection to this sale bidding program and process. You further acknowledge that these and other technical problems may develop at any time and with or without notice. You acknowledge and agree that neither Auctioneer nor the Seller is in anyway responsible for any such technical problems, and that you have no absolute or other right to be able to bid on this sale in the event of any such technical problems. Notwithstanding the foregoing, you further acknowledge and agree that, in the event of any such technical problems, we reserve the right to postpone or cancel the sale and/or extend the bidding time for this sale and/or relist the property for sale at another time, in our sole discretion, and that our decision with regard to any such actions is and will be final. Bidders must take care in entering bids, and each Bidder will be responsible for all bids placed under the Bidder’s approved registration. Once entered and recorded online, a bid is deemed to be final on behalf of the registered Bidder and may not be modified, retracted, or rescinded in whole or in part. In addition to forfeiting the bidder’s deposit, the bidder will also be subject to lawsuit for Damages and/or Specific Performance in the Court of Law in which the property is located. Further, all Attorneys' Fees incurred by the Seller, Trustee and/or the Auction Company will be due and paid by a defaulting bidder.
CASTING A BID FOR THE PROPERTY WHETHER IN PERSON OR ONLINE CONSTITUTES ACCEPTANCE OF ALL OF THE FOREGOING TERMS AND CONDITIONS, INCLUDING ANNOUNCEMENTS AT THE SALE AND THE TERMS OF THE MEMORANDUM OF SALE WHICH, IF INCONSISTENT WITH ANY TERMS CONTAINED HEREIN, SHALL GOVERN.
THE INFORMATION CONTAINED HEREIN WAS OBTAINED FROM SOURCES DEEMED TO BE RELIABLE BUT IS OFFERED FOR INFORMATIONAL PURPOSES ONLY. THE TRUSTEE MAY, BY ANNOUNCEMENT AT THE SALE, MODIFY ANY OF THE TERMS HEREOF. NEITHER THE HOLDER NOR THE TRUSTEE MAKE ANY REPRESENTAIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OF THIS INFORMATION. FOR FURTHER INFORMATION, CALL JOSHUA D. BRADLEY, ESQ. AT (410) 727-6671, COUNSEL FOR THE HOLDER.