PRINCETON – A Mercer County man is seeking a court’s determination of who is legally entitled to surplus funds from a the sale of foreclosed property.
J. Patrick Jones, a substitute trustee, filed a lawsuit March 24 in Mercer Circuit Court against Kimberleigh White, individually and as administrator of the estate of Barbara B. Hawkins; DCM Services LLC; The Furnace Man Inc.; and the state of West Virginia Tax Department.
According to the complaint, Hawkins defaulted on a $40,000 loan she borrowed in 1997 from One Valley Bank, now known as Branch Banking & Trust Co. To recover the money, the suit says Jones, the bank’s appointed trustee, auctioned the property Hawkins used as collateral on Jan. 7, 2016. The deed stipulates that surplus funds from the property sale be distributed among Hawkins’ heirs or debtors, the suit claims.
Jones seeks a declaratory judgment dispersing the surplus funds of $8,419 and other relief required by law. He is represented by attorney Natalie E. Corrigan of Campbell Woods PLLC in Huntington. Judge William J. Sadler is assigned to the case.
Mercer Circuit Court Case number 16-C-99-WS