NOTICE OF TRUSTEE'S SALE
Lot 8, Block 8, DESERT PLATEAU DIVISION ONE, according to the Plat thereof recorded in Volume “D” of Plats, Page 92, records of Franklin County, Washington.
Commonly known as: 4506 Hilltop Drive, Pasco, WA 99301.
NOTICE OF TRUSTEE’S SALE
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE
OF YOUR HOME.
You have only 20 DAYS from the recording date of 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 recommended by the Housing Finance Commission:
Toll-free: 1-877-894-HOME (1-877-894-4663)
http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm
• United States Department of Housing and Urban Development:
Toll-free: 1-800-569-4287
Local counseling agencies in Washington:
http://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:
Toll-free: 1-800-606-4819
http://nwjustice.org/what-clear
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, PLEASE BE ADVISED THAT THE UNDERSIGNED IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, William L. Hames, will on November 1, 2013 at the hour of 10:00 a.m outside the following location: Franklin County Courthouse, 1016 N. 4th, Pasco, State of 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 Franklin, State of Washington, to wit:
Lot 8, Block 8, DESERT PLATEAU DIVISION ONE, according to the Plat thereof recorded in Volume “D” of Plats, Page 92, records of Franklin County, Washington.
Commonly known as: 4506 Hilltop Drive, Pasco, WA 99301.
which is subject to that certain Deed of Trust dated March 13, 2007, recorded March 19, 2007, under Auditor’s File No. 1699005, records of Franklin County, State of Washington, from Edward R. Kinion, a single person, as Grantor, to Marshall Title and Escrow, as Trustee, to secure an obligation in favor of HAPO Community Credit Union, the original Beneficiary.
II.
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 or default on the obligation secured by the Deed of Trust.
III.
The Beneficiary alleges default of the Deed of Trust for which this foreclosure is made are as follows:
Currently Due to Reinstate on June 27, 2013
Failure to pay when due the following amounts which are now in arrears:
Arrearages
Dates of Payments Due:
4 monthly payments @ $1,179.80
(February 2012 through June 27, 2013) $ 5,899.00
Dates of Late Fees Due:
4 late payments @ $64.92
(February 2013 through June 2013) 259.68
Other Outstanding Amounts:
Payment of other outstanding amounts owed was not made
pursuant to the terms of the promissory Note secured by
the Deed of Trust
Past due Franklin County Real Estate Taxes - paid by HAPO 506.71
Subtotal Arrearages & Outstanding Amts $6,665.39
Costs and Fees
In addition to the amounts in arrears specified above, you are or may be obligated to pay the following estimate charges, costs and fees to reinstate the Deed of Trust.
Trustee’s or Attorney’s Fees $ 750.00
Title Report 666.05
Recording Fees 200.00
Postal Costs 50.00
Estimated Photocopies 15.00
Long Distance Telephone Charges 0.00
Service/Posting of Foreclosure Notices 80.00
Subtotal Costs and Fees $ 1,761.05
Total Current Estimated Reinstatement Amount on
June 27, 2013 $ 8,426.44
Additional Arrearages
Dates of Additional Payments Due
4 monthly payments @ $1,179.80
(July, August, September and October 2013) $ 4,719.20
Late Charges:
4 late payments @ $64.92
(July 2013 through October 2013) 259.68
Subtotal Additional Arrearages $ 4,978.88
Additional Costs and Fees
Trustees sale Kinion
Publication Costs 600.00
Subtotal Additional Costs and Fees $ 600.00
Total Additional Arrearages and Costs $ 5,578.88
Total Estimated Reinstatement Amount as of
October 21, 2013 $14,005.32
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal, $131,304.38 together with interest as provided in the note or other instrument secured from March 19, 2007, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute.
V.
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 November 1, 2013. The default(s) referred to in paragraph III must be cured by October 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 October 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 October 21, 2013 (11 days before the sale date) and before the sale by the Borrower, Grantor, any Guarantor, 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.
VI.
A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses:
Edward Kinion Residents/Occupants of Premises
4506 Hilltop Drive 4506 Hilltop Drive
Pasco, WA 99301-6589 Pasco, WA 99301-6589
By both first class and certified mail, return receipt requested on May 22, 2013, proof of which is in the possession of the Trustee; and on May 23, 2013, the written notice of default was posted 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.
VII.
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.
VIII.
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.
IX.
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 the 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.
X.
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 RCW 59.12. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
DATED: September 30, 2013.
SUCCESSOR TRUSTEE
William L. Hames
Hames, Anderson, Whitlow & O’Leary, PS
PO Box 5498
Kennewick, WA 99336
(509) 586-7797
www.hawlaw.com
(Published October 3 and October 24, 2013, in the Franklin County Graphic.)