A Zionville property belonging to Ashe County Commissioner Gerald Price is in foreclosure, according to a legal notice.
The foreclosure auction has been set for 12:30 p.m. Tuesday, Feb. 11, 2014, at the Ashe County Courthouse, where the property will be put up for sale, according to the notice. Price can delay the sale for up to one hour.
According to the foreclosure, if a third-party buys the property, they must pay the excise tax as well as court costs of 45 cents per $100. Required at the time of the sale will be a cash deposit or cashier’s check of 5 percent of the purchase price or $750, whichever cost is greater.
According to the notice, the property is five acres and located at 300 Bronze Turkey Lane in Zionville.
Price filed an affidavit in Ashe County on Dec. 23, 2013, to respond to the foreclosure proceeding, which documents included the deed of trust of $190,000 for the Zionville property and was agreed upon by both parties on Dec. 12, 2002.
In the December 2013 affidavit, Price offered 33 facts about SunTrust Bank, Guilford County Resident Superior Court Judge Stuart Albright and SunTrust attorney Natasha Barone of Fayetteville-based Hutchens Law Firm.
According to the affidavit, Price says he sent five “Administrative Procedure letter(s) with Proof of Service attached to SunTrust,” in 2011. Price says SunTrust did not respond.
The affidavit alleges Barone is practicing law without an oath of office filed in the state, and “no authority has been entered or filed in the instant matter granting Barone Agent status to represent the corporation alleged to have been injured — SunTrust bank.”
Price says in the affidavit that no evidence of contract, collateral file or the original mortgage application were entered into the evidence file for the case.
Also in the affidavit, Price uses the Seventh Amendment of the U.S. Constitution and Article 1 Section 25 of the N.C. Constitution to say he is “entitled to a jury trial, in the case sub judice, upon written demand.”
Following an Aug. 30, 2013 decision by Judge Albright, the record of appeal was settled on Feb. 1, 2013 and “(Price’s) motion for judicial statement is denied as moot.” Albright’s decision was made following a special session of Ashe County Superior Court he presided over in Guilford County on Aug. 23, 2013.
According to the order, which denied the request for judicial settlement, Price filed the motion for a judicial settlement of the record on appeal on Aug. 15, 2013.
In February 2012, Price sent two checks totalling $164,788.93 and $134,301.28 to SunTrust. According to court documents, both checks were returned by the bank.
The checks featured memos saying “for discharge of debt,” and “EFT (electronic fund transfer) only,” according to court documents
In a letter to SunTrust dated March 21, 2012, Price said “Because the original untouched (EFT) was not returned to me within the time limits and manner required for such instruments, this instrument has been lawfully accepted and/or transacted. This is not even taking into account both instruments show evidence of processing.”
Attempts to contact Price were unsuccessful.
Wil Petty may be reached at 336-846-7164 or on Twitter @wilpetty