Master Commissioner - Franklin Circuit Court

Monday, October 28, 2019

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SALE 1: Civil Action No. 14-CI-01557 - Commonwealth of Kentucky, City of Frankfort v Darrell R. Smith Sr., et al, to raise the sum of $3,680.14 together with interest, charges and costs
403 Dailey Avenue - Parcel No. 074-11-02-005.00

  • Beginning on the South side of Dailey Avenue in Thorn Hill Park, adjoining the City of Frankfort, at the northwest corner of Lot Number 66; thence south 167 feet with line of Lot Number 66 to alley; thence west 50 feet with north line of alley to Lot Number 68; thence north 167 feet with east line of said Lot Number 68 to Dailey Avenue; thence east 50 feet with south line of Dailey Avenue to the place of beginning.  See Plat of Thorn Hill Park, being of record in Deed Book 26, Page 283, in the Office of the Franklin County Court Clerk. 
  • Being the same property conveyed to Darrell R. Smith, Sr., and Kelly D. Smith, his wife, from Alan S. Smith and Ella Smith, his wife, by Deed dated September 16, 1998, of record in Deed Book 429, Page 78, in the Office of the Franklin County Clerk.  Thereafter the marriage of Darrel R. Smith, Sr., and Kelly D. Smith was dissolved in Franklin Circuit Court and Kelly D. Smith, single, conveyed all of her right, title and interest in said property to Darrell R. Smith, Sr., by Deed dated July 25, 2005, of record in Deed Book 484, Page 543, in the Office aforesaid.

Attorney for Plaintiff: Jerry Higgins, Floyds Knobs, IN
Court Appraisal: $15,000.00
Purchaser:  TBD
Purchase Price: TBD


SALE 2: Civil Action No. 18-CI-00496 - PennyMac Loan Services, LLC v Amber D. Coughlin aka Amber Coughlin, Individually and as Administratrix of the Estate of Kathleen E. Collins, et al, to raise the sum of $86,325.36 together with interest, charges and costs
233 Grandview Drive - Parcel No. 085-21-07-013.00

  • Being all of Lots Number Sixty-Two (62) and Sixty-Three (63) in Grandview Heights Subdivision located on the Versailles Road, as same Lots are shown upon a plat of said subdivision of record at Deed Book 109, page 342, Franklin County Clerk's Office. 
  • Being the same property conveyed to Martin H. Coughlin, Sr., and Kathleen E. Collins, his wife, from Kimberly Harney (f/k/a Kimberly True and Kim True) and Timothy Harney, her husband, by Deed dated February 3, 2016, recorded February 5, 2016, in Deed Book 559, Page 414, in the Office of the Franklin County Clerk.  Said Martin Harvey Coughlin, Sr., died on or about December 9, 2016, and his interest vested in Kathleen E. Collins pursuant to the survivorship provisions of the aforesaid Deed.  Said Kathleen E. Collins died intestate on or about October 4, 2017, and said property vested in her heirs at law.

 Attorney for Plaintiff: Lerner, Sampson & Rothfuss, Cincinnati, OH
Court Appraisal: $90,000.00
Purchaser:  TBD
Purchase Price: TBD


SALE 3: Civil Action No. 18-CI-01164 - Bayview Loan Servicing, LLC v Linda Tincher, et al, to raise the sum of $149,524.23 together with interest, charges and costs
248 Manley Leestown Road - Parcel No. 073-00-00-008.00

  • Beginning at a tree on the north side of the Lewis Ferry Road, in Franklin Count, Kentucky, about three and one-half miles from Frankfort, being on the right-of-way line of said Lewis Ferry Road, and being southwest corner of property now or formerly belonging to James Stewart; thence south fifty-two (52) degrees one (01) minutes, thirty-six (36) seconds west, along said right-of-way line fifty-three and twenty-three hundredths (53.23) feet to an iron pin; thence north twenty-nine (29) degrees, twelve (12) minutes, five (05) seconds west, sixty-three and sixty-eight hundredths (63.68) feet to an iron pin; thence south fifty-seven (57) degrees, five (05) minutes, eight (08) seconds west, ninety-eight and eighty-five hundredths (98.85) feet to an iron pin; thence north thirty-four (34) degrees, thirteen (13) minutes, one (01) seconds west, three hundred nine and sixty-seven hundredths (309.67) feet to locust tree in line of Marshall, thence north sixty-two (62) degrees, fifty-four (54) minutes, thirty-four (34) seconds east, along property of said Marshall, one hundred, forty-nine and forty three hundredths (149.43) feet to corner post with said Stewart; thence south thirty (30) degrees, fourteen (14) minutes, forty-four (44) seconds east, along property of said Stewart, two hundred one and forty-six hundredths (201.46) feet to an iron pin; thence south thirty-eight (38) degrees, forty-four (44) minutes, fifteen (15) seconds east, along property of said Stewart, one hundred fifty-two and eighty-three hundredths (152.83) feet to tree, said tree being point of beginning.  This property contains 1.04 acres, more or less, as per survey by L.T. Harrod, dated March 21, 1967, with all bearings being in relation to magnetic north. 
  • Being the same property conveyed to Don Tincher and Linda Tincher, his wife, from Wilbur A. Tincher, Sr., and Louise F. Tincher, his wife, by Deed dated August 26, 1981, of record in Deed Book 311, at Page 81, in the Office of the Franklin County Clerk.  Said Don Tincher died on or about November 3, 1995, and said property vested in Linda Tincher pursuant to the survivorship provisions of the aforesaid Deed.  See also Will Book 39, Page 130, in the Office aforesaid.

Attorney for Plaintiff: Clunk Hoose Co, Stow, OH
Court Appraisal: $160,000.00
Purchaser:  TBD
Purchase Price: TBD


SALE 4:  Civil Action No. 19-CI-00433 - U.S. Bank Trust National Association as Trustee v Thomas White, et al, to raise the sum of $68,067.57 together with interest, charges and costs
1036 Devils Hollow Road - Parcel No. 048-20-05-012.00

  • All that certain property situated in the Choateville Park Subdivision in Franklin County, Kentucky, being described as follows:
  • Being Lots No. 4 and No. 5 of the Choateville Park Subdivision, the map or plat of which is of record in Deed Book 140, page 529, Franklin County Court Clerk's Office and to which map or plat reference is hereby made for a more particular description of said lots and the dimensions thereof. 
  • Being the same property conveyed to Thomas White and Linda White, his wife, from Millie Shryock, a widow, by Deed dated January 11, 2001, recorded January 16, 2001, in Deed Book 447, Page 808, in the Office of the Franklin County Clerk.

Attorney for Plaintiff: Zach Horn - Kirkland, Cain & Horn, Frankfort, KY
Court Appraisal: $25,000.00
Purchaser:  TBD
Purchase Price: TBD


SALE 5: Civil Action No. 19-CI-00435 - Whitaker Bank, Inc., v Estate of Doris Jean Terrell, et al, to raise the sum of $81,161.07 together with interest, charges and costs
905 Moss Lane - Parcel No. 048-20-08-002.00

  • Beginning at an iron pin on the West side of Moss Lane, 0.3 miles North of KY 1005, thence N 67º40'55" W 133.23' to an iron pin, thence N 43º16'29" E, 120.66' to an iron pin, thence N 51º26'41" E 149.34' to an iron pin; thence S 80º56'49" E 82.91' to an iron pin; thence S 38º50'07" W 57.00' to an iron pin, thence S 37º08'09" W 129.96' to an iron pin, thence S 31º55'52" W 83.04' to the point of beginning.  This description is based upon the survey of the subject property conducted by C. Wayne Carroll, R.L.S. 1734, on February 17, 1995. 
  • Being a part of the same property conveyed to Flora Terrell from Farmers Bank & Capital Trust Company of Frankfort, Kentucky, as Administrator of the will of Dulin Moss, deceased, and Mildred Moss, widow, by and through her attorney-in-fact, Clay Wade Bailey, by deed dated October 16, 1954, of record in Deed Book 138, page 480, in the Office of the Franklin County Clerk. 
  • Flora Terrell died, testate, a resident of Franklin County, Kentucky, on March 29, 1994, and pursuant to her Will of record in Will Book 37, page 37, in the Office of the Franklin County Clerk, she devised a portion of said property to her children, namely Glenda F. Cable and Terry L. Terrell, and a portion of her property to her son, Gary Terrell, for his life, with the remainder to his children.  Gary Terrell was conveyed the remainder interest from his children, Chester Wayne Terrell, et al, by deed dated November 3, 1995, of record in Deed Book 408, page 302, in the Office of the Franklin County Clerk.  See Affidavit of Title of record in Deed Book 408, page 300, in the Office of the Franklin County Clerk. 
  • Being the same property in which Glenda F. Cable and Donald Cable, her husband, and Terry L. Terrell and Joyce Terrell, his wife, conveyed all of their right, title and interest to Gary J. Terrell and Doris Terrell, his wife, by deed dated June 30, 1995, of record in Deed Book 406, Page 1, in the Office of the Franklin County Clerk. 
  • On June 3, 1998, the Franklin District Court, Probate Division, in Civil Action No. 94-P-00131, styled In Re: The Estate of Flora Terrell, deceased, vacated an Order probating a prior Will of Flora Terrell and ordered that a more recent Will dated March 12, 1985 be probated, which was subsequently filed of record in Will Book 42, page 271, in the Office of the Franklin County Clerk.  Therefore, Gary J. Terrell and Doris Terrell, his wife, were reconveyed the property from Glenda Cable, et al, by deed dated June 17, 1998, of record in Deed Book 427, page 557, in the Office of the Franklin County Clerk.  See also Affidavit of Descent of record in Deed Book 427, Page 556, in the Office of the Franklin County Clerk.  Gary Terrell a/k/a Gary Joe Terrell, died testate, a resident of Franklin County, Kentucky, in 2002.  Pursuant to the terms of his Last Will and Testament, which appears of record in Will Book 46, page 124, in the Office of the Franklin County Clerk. Gary Terrell devised his interest in the above-described property to Doris Terrell a/k/a Doris Jean Terrell. 

 Attorney for Plaintiff: Stewart Burch - Logan Burch & Fox, Frankfort, KY
Court Appraisal: $115,000.00
Purchaser:  TBD
Purchase Price: TBD


SALE 6: Civil Action No. 19-CI-00639 - J.P. Morgan Mortgage Acquisition Corp v Donna C. Groves aka Donna Charlene Groves, to raise the sum of $133,230.02 together with interest, charges and costs
2120 Saint Johns Road - Parcel No. 033-00-00-024.01

  • Being all of Tract 2, containing 1.514 acres as shown on the Plat of record in Plat Cabinet D, Slide 258, in the Office of the Franklin County Clerk. 
  • Subject to and together with all easements, restrictions and legal highways, if any, of record. 
  • Being the same property conveyed to Donna Charlene Groves, a single woman, from Charles R. Hulette and Michelle F. Hulette, husband and wife, by Deed dated October 27, 2009, recorded October 29, 2009, in Deed Book 516, Page 630, in the Office of the Franklin County Clerk.

Attorney for Plaintiff: Gerner & Kearns, Florence, KY
Court Appraisal: $135,000.00
Purchaser:  TBD
Purchase Price: TBD