NOTICE OF TRUSTEE'S SALE
Lot 9, Desert Aire No. 5, according to the plat thereof recorded in Volume 9 of Plats, Pages 76 and 77, records of Grant County, Washington.
PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 RCW
(Pursuant to Order Granting Motion for Relief from Automatic Stay
in U.S. Bankruptcy Case No. 12-44088-PBS
for the Western District of Washington entered August 21, 2012)
I
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on February 1, 2013, at the
hour of 11:00 a.m., at the Front Steps of the Grant County Courthouse, 35 C Street NW,
Ephrata, Washington, sell at public auction to the highest and best bidder, payable at the time
of sale, the following-described real property, situated in the County of Grant, State of Washington, to wit:
Lot 9, Desert Aire No. 5, according to the plat thereof recorded in Volume 9 of Plats, Pages 76 and 77, records of Grant County, Washington.
which is subject to that certain Deed of Trust dated October 31, 2007, recorded November 21, 2007, under Auditor's Recording No. 1227152, records of Grant County, Washington, from Susan K. Hiatt and Glenn A. Hiatt, as Grantor, to Chicago Title Insurance Co., as Trustee, to secure an obligation in favor of NW Preferred Federal Credit Union, as Beneficiary. The Deed of Trust was re-recorded July 24, 2008, as Auditor’s Recording No. 1240567 to correct the legal description and Grantor’s name.
II
Subsequent to the service of the Trustee’s Notice of Default, the original sale proceedings were stayed by order of the court or by proceedings under the National Bankruptcy Act or for other lawful reasons. The beneficiary did not participate in obtaining such stay. The stay was terminated on August 21, 2012.
III
No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower's or Grantor's default on the obligation secured by the Deed of Trust.
IV
The defaults for which this foreclosure is made are as follows:
Default other than failure to make monthly payments:
1. Grantor’s failure to pay real property taxes when due.
2. Grantor’s failure to avoid having junior liens recorded against the real property.
3. Grantor’s actions in filing for bankruptcy relief adversely affected the Credit Union’s rights in the collateral.
Failure to pay when due the following amounts, which are now in arrears:
Monthly Payments:
Thirteen (13) Monthly Payments at $1,150.00 each
(September 5, 2011, through September 5, 2012) $14,950.00
Twelve (12) Late Charges at $192.72 each 2,312.64
(September 2011 through August 2012)
Bankruptcy fees and costs 3,829.96
TOTAL MONTHLY PAYMENTS, LATE CHARGES, FEES, AND COSTS: $21,092.60
V
The sum owing on the obligation secured by the Deed of Trust is:
Principal $116,870.57, together with interest from August 5, 2011, as provided in the note or other instrument secured, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute.
VI
The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on February 1, 2013. The
defaults referred to in paragraph III must be cured by January 21, 2013 (11 days before the
sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before January 21, 2013 (11 days before the sale date),
the defaults as set forth in paragraph III are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after January 21, 2013 (11 days before
the sale date), and before the sale by the Borrower, Grantor, any Guarantors or the holder of any recorded junior lien or encumbrance paying the entire principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults.
VII
A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses:
Susan K. Hiatt Susan K. Hiatt
25309 36th Ave. E 105 Desert Aire Drive N.
Spanaway, WA 98387 Desert Aire, WA 99349
Glenn A. Hiatt Glenn A. Hiatt
25309 36th Ave. E 105 Desert Aire Drive N.
Spanaway, WA 98387 Desert Aire, WA 99349
by both first-class and certified mail on April 26, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were provided with said written notice of default as the written notice of default was posted on April 30, 2012, in a conspicuous place on the real property described in paragraph I above, and the Trustee has possession of proof of such service or posting.
VIII
The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale.
IX
The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property.
X
Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee's sale.
XI
NOTICE TO OCCUPANTS OR TENANTS
The purchaser at the trustee's sale is entitled to possession of the property on the 20th day following the sale, as against the Grantor under the Deed of Trust (the owner) and anyone having an interest junior to the Deed of Trust, including occupants who are not tenants. After the 20th day following the sale, the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
DATED: September 13, 2012.
s/s Michelle M. Bertolino, Successor Trustee
Address: 121 SW Morrison Street, Suite 600
Portland, OR 97204
Telephone: 503-228-6044
STATE OF OREGON )
) ss.
County of Multnomah )
On this day personally appeared before me Michelle M. Bertolino, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 13th day of September, 2012.
s/s Karen L. Hammer
Notary Public for Oregon; My Commission
Expires 7/1/13
Address for Service of Process:
Michelle M. Bertolino
c/o Joseph T. Hunt
The Hunt Law Offices
Woodland Park Professional Building
407 1/2 N 45th Street
Seattle, WA 98103
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME.
You have only 20 DAYS from the recording date on this notice to pursue mediation.
DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help.
SEEKING ASSISTANCE
Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following:
The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission
Telephone: 1-877-894-HOME (4663) Website: www.wshfc.org/buyers/counseling.htm
The United States Department of Housing and Urban Development
Telephone: 1-800-569-4287
Website:www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc
The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys
Telephone: 1-800-606-4819 Website: www.nwjustice.org/what-clear
#01011/2805403
Pub.: December 28, 2012 & January 18, 2013