VALUABLE REAL PROPERTY SALE
Office of the Sheriff
Of Queen Anne’s County
R. Gery Hofmann, III
505 Railroad Avenue
OF THE PROPERTY EXECUTED AND LEVIED UPON BY R. Gery Hofmann, III, Sheriff of Queen Anne’s County, this 8 day of March, 2012, by virtue of a Writ of Execution issued out of the Circuit Court for Queen Anne’s County, and directed to the Sheriff thereof issued pursuant to a judgement recorded in the County on August 7, 2006 in Case No. 06-11809, by Terry Brumwell, (the “Judgement Lienor”), and a levy made on August 17, 2006, against Goods, Chattels, Lands and Tenements of James A. Gerben, Jr., Randy William Gerben, and Jason Wayne Gerben, the Sheriff will sell in one auction lot all of the rights, title, claim, interest, and estate, both at law and in equity, including the right of possession, of the tenant in common interest of each of James A. Gerben, JR., Randy William Gerben and Jason Wayne Gerben of, in, to, and about the Property described below. If a stay is in effect as to any one or more of the Gerbens, the remaining tenant in common interests will be offered for sale as referenced below. James A Gerben, Jr. has filed another bankruptcy: Accordingly, the tenant in common interest of James A. Gerben, Jr. will not be offered for sale or sold unless the bankruptcy automatic stay terminates or is modified by the U.S. Bankruptcy Court to permit a sale or his interest.
Execution occurred in August, 2006 by the Sheriff against the Property. The Property is described as:
Comprising approximately 47.485 acres located at 1211 Busic Church Road, Marydel, Maryland 21649, Real Estate Tax Account #1801-001450, and any improvements thereon (no improvements being referenced in the real property tax records, but there reportedly being a former commercial building used as a bunk house on the property and the land currently being listed as agricultural use) and further described in Liber 1336, Folio 72, as recorded in the Land Records of Queen Anne’s County, Maryland, and also being Parcel 3 on map 20 Grid 18, the parcel being generally described as an L-shaped parcel with a rectangle toward and fronting on Duhamel Corner Road.
As such description was amended by and subject to the terms and conditions of a Deed and Boundary Line Agreement, dated March 6, 1981, and recorded in Liber M.W.M. No. 173, folio 274 of the Land Records of Queen Anne’s County.
TERMS OF SALE: A $5,000.00 deposit payable by cash, certified check, or cashier’s check, will be required of the purchaser at the time and place of sale, except that Judgement Lienor or its assignee or it designee may bid its debt and shall not be required to post a deposit. The balance shall be paid in cash/certified check within 10 days of final ratification of the sale, time being of the essence. All checks must be payable to the Sheriff of Queen Anne’s County. In the event of default by the purchaser will be liable for payment of all costs and expenses of both sales and any deficiency in the sale price realized in the subsequent sale. The forfeited deposit, less expense, shall be credited towards the judgement after final ratification by the court. The sale not be final until ratification by the Court.
The Property is sold subject to all encumbrances, agreements, covenants, reservations of title, all back taxes, costs of conveyance, and outstanding liens or encumbrances senior in right to that of Judgement Lienor which must be paid by the Purchasers. The Property will be sold in its “AS IS” and “Where IS” condition. The Sheriff makes no representations, warranties, either expressed or implied, with respect to the condition of the Property, any improvements, or as to the suitability of the Property for any particular purpose. In the event of a defect of title, the Purchaser’s sole remedy shall be the refund of the deposit. The Purchaser shall be responsible for all settlement costs, including, but not limited to, title examination, if any, recording costs, documentary stamps, transfer taxes, and document preparation.
All real estate taxes, charges and assessments will be adjusted as of the date of sale and closing shall take place on or before 10 days after final ratification of the sale by the Circuit Court for Queen Anne’s County, Maryland, time being of the essence.
The right to possession shall pass to the Purchaser at closing.
Upon receipt by Judgement Lienor or its assignee or its designee of the entire process of the sale of the interests auctioned, from the Sheriff, after expenses of sale, auction fees, advertising, and Sheriff’s fees, up to the sum of the claim of the Judgement Lienor and the senior judgement and lien held by Alice Hall in Case No. 06-11808, Alice Hall and Elizabeth O’Shea have agreed that their judgement liens and rights under their levy in Queen Anne’s County arising out of that certain lawsuit 04-100894 in Anne Arundel County, Maryland, including the levy in Case No. 06-11808 and 06-11800 in Queen Anne’s County, will be waived as to Purchaser as to interests auctioned and sold. With Respect to any rights or interest as to which closing of a sale does not occur, the rights, liens and levies of Alice Hall in Case No. 06-11800 are reserved and preserved.
Previously, James A. Gerben, Jr. filed a chapter 13 bankruptcy in March 2012, which was subsequently dismissed in December, 2013, invoking an automatic stay as to the sale of his tenant-in-common interest. Under Maryland law, upon an execution upon the judgement against one or more of the joint tenants, the judgement then becomes a lien upon the interest of the judgement debtor in the tenancy in common which then arises.
If another bankruptcy is filed, the Judgement Lienor intends to sell one or both of the remaining tenant in common interests of any parties not in bankruptcy. The Judgement liens and execution shall remain in place on any tenant in common interest not sold.
Additional sale terms, if any, will be announced at the time of the sale.
PLACE OF THE SALE: Front Steps of the Circuit Court for Queen Anne’s County, Maryland, 100 Court House Square, Centreville, Maryland21617
DATE OF SALE: October 29, 203, 10:00 a.m.
AUCTIONEER: Trice Auctions, Thomas L. Trice, Auctioneer