AMENDED NOTICE OF FORECLOSURE SALE
NORTH CAROLINA, BUNCOMBE COUNTY
23 CVS 000167-100
Under and by virtue of that Judgment filed on September 22, 2025 in Buncombe County by the presiding superior court judge, default having been made in the payment of the note thereby secured by the Deed of Trust recorded on January 13, 2010 in Book 4754, Page 1913, Buncombe County Registry, and the undersigned, Anchor Trustee Services, LLC having been appointed as Commissioner in this case, the undersigned Commissioner will offer for sale at the courthouse door or other usual place of sale in Buncombe County, North Carolina, at 2:00 PM on June 30, 2026 and will sell to the highest bidder for cash the following described property, to wit:
BEING all of Lot 15 as shown on a Plat of Noland Hills Subdivision containing 1.39 acres in Plat Book 48 at Page 100 and being the same property conveyed to William Behm and Patricia Sands in Deed dated March 15, 1984 recorded in Deed Book 1348, Page 549 in the records of the Buncombe County, North Carolina Registry.
INCLUDED IN THIS CONVEYANCE is a perpetual right of way of 60 feet in width as more particularly shown on said plat.
BEING a portion of property as conveyed by deed recorded in Deed Book 1767, Page 129, Buncombe County, NC Registry.
PIN # 8792-35-4101.00000
SUBJECT TO AND INCLUDING all rights of ways, easements, restrictions and matters shown on said plat.
Together with improvements located hereon; said property being located at 69 Noland Hills Drive, Leicester, NC 28748. Tax ID: 8792-35-4101.00000
Third party purchasers must pay any land transfer tax, costs of recording the commissioner’s deed, the excise tax, pursuant North Carolina General Statutes §105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof. A deposit of five percent (5%) of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be immediately due and owing.
Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance AS IS WHERE IS. There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, special assessments, land transfer taxes, if any, and encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owners of the property are Timothy C. Fox.
PLEASE TAKE NOTICE: An order for possession of the property may be issued pursuant to North Carolina General Statutes §1-339.29 in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of the county in which the property is sold.
Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination (North Carolina General Statutes §45-21.16A(b)(2) or other applicable statute). Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination. If the Commissioner is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Commissioner. If the validity of the sale is challenged by any party, the Commissioner, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Anchor Trustee Services, LLC
Commissioner
By: Cameron D. Scott, Esq.,
Attorney for Commissioner
Pinyan Law Firm, PLLC
1320 Matthews Mint Hill Road
Matthews, NC 28105
Phone: 704-743-6387,
Fax: 866-535-8589
6/19, 6/26/2026 #12418418