NOTICE OF TRUSTEE'S SALE
LOT 8, BLOCK 29, TOWN OF CONNELL, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS, PAGE 3, RECORDS OF FRANKLIN COUNTY, WASHINGTON.
NOTICE: AS THE RESULT OF AN ORDER ENTERED IN A BANKRUPTCY PROCEEDING, SCOTT K BABBITT MAY NOT BE PERSONALLY LIABLE FOR THE UNPAID BALANCE OF THE BELOW REFERENCED LOAN. HOWEVER, THE BENEFICIARY RETAINS A DEED OF TRUST DESCRIBED BELOW WHICH IS SUBJECT TO FORECLOSURE IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON.
NOTICE: IF YOU ARE NOT PERSONALLY LIABLE TO PAY THIS OBLIGATION BY REASON OF A BANKRUPTCY PROCEEDING, THEN THIS NOTICE IS NOT AN ATTEMPT TO COLLECT A DEBT BUT IS INTENDED ONLY TO RELAY INFORMATION REGARDING YOUR DEED OF TRUST.
NOTICE: IF YOU ARE PERSONALLY LIABLE TO PAY THIS OBLIGATION, WE WISH TO INFORM YOU THAT WE ARE A DEBT COLLECTOR. ANY INFORMATION YOU PROVIDE TO US WILL BE USED FOR THE PURPOSES OF FORECLOSING THE DEED OF TRUST MENTIONED BELOW.
NOTICE OF TRUSTEE’S SALE
I
NOTICE IS HEREBY GIVEN that the undersigned Bishop, Marshall & Weibel, P.S. will on July 11, 2014, at 10:00 am at the main entrance of the Franklin County Courthouse, 1016 North Fourth, in the City of Pasco located at Franklin County, State of Washington, sell at public auction to the highest bidder, payable at the time of sale, the following described real property, situated in Franklin County, State of Washington, to-wit;
LOT 8, BLOCK 29, TOWN OF CONNELL, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME B OF PLATS, PAGE 3, RECORDS OF FRANKLIN COUNTY, WASHINGTON.
which is subject to that certain Deed of Trust dated April 19, 2007, recorded April 27, 2007, under Auditor’s File No. 1701121 records of Franklin County, Washington, from Scott K. Babbitt, a Single Person, as Grantor, to Chicago Title Insurance Company, as Trustee, to secure an obligation in favor of Mortgage Electronic Registration System, Inc. is a separate corporation that is acting solely as a nominee for Golf Savings Bank and its successors and assigns as Beneficiary. Nationstar Mortgage LLC is now the beneficiary of the deed of trust. Said Deed of Trust was most recently modified on December 8, 2009. The sale will be made without any warranty concerning the title to, or the condition of the property.
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 Grantor’s default on the obligation secured by the Deed of Trust.
III
The default(s) for which this foreclosure is made is/are as follows:
i) Failure to pay the following amounts, now in arrears:
Amount due to reinstate by April 8, 2014
Delinquent Monthly Payments Due from 09/01/2010
through 4/1/2014:
23 payment(s) at $767.24
21 payment(s) at $673.34
Total $31,786.66
Accrued Late Charges $ 99.52
Corporate Advances $2,236.00
TOTAL DEFAULT $34,122.18
ii) Description of Action Required to Default Cure and Documentation Necessary to Show
Cure
Water, sewer and/or sanitation Proof of Payoff
charges for unpaid and delinquent sums
Evidence/Proof must be provided that the delinquency has been brought current.
IV
The sum owing on the obligation secured by the Deed of Trust is: $68,166.38, together with interest from August 1, 2010 as provided in the note or other instrument, 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 July 11, 2014. The payments, late charges, or other defaults must be cured by June 30, 2014 (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 June 30, 2014 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, or other defaults, is/are cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashier’s or certified checks from a State or federally chartered bank. The sale may be terminated any time after June 30, 2014 (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 address(es):
Jane Doe Scott K. Babbitt
Unknown Spouse of Scott Babbitt 1615 Buck Way #A
12462 Gwen Drive #4 Mount Vernon, WA 98273
Burlington, WA 98233
Jane Doe Scott K. Babbitt
Unknown Spouse of Scott K. Babbitt 1615 Buck Way #B
1615 Buck Way #A Mount Vernon, WA 98273
Mount Vernon, WA 98273
Jane Doe Scott K. Babbitt
Unknown Spouse of Scott K. Babbitt 533 & 537 W Franklin Street
1615 Buck Way #B Connell, WA 99326
Bishop - Babbitt
Mount Vernon, WA 98273
Jane Doe Scott K. Babbitt
Unknown Spouse of Scott K. Babbitt 533 W Franklin Street
537 W Franklin Street Connell, WA 99326
Connell, WA 99326
Jane Doe Scott K. Babbitt
Unknown Spouse Scott K. Babbitt 537 W Franklin Street
533 & 537 W Franklin Street Connell, WA 99326
Connell, WA 99326
Jane Doe Scott K. Babbitt
Unknown Spouse Scott K. Babbitt c/o Richard M. Sybrandy, Attorney
533 W Franklin Street 508 S 2nd St
Connell, WA 99326 Mount Vernon, WA 98273
Scott K. Babbitt Scott K. Babbitt
12462 Gwen Drive #4 c/o Richard M. Sybrandy, Attorney
Burlington, WA 98233 PO Box 175
Mount Vernon, WA 98273
Scott K. Babbitt Virgina A Burdette
1615 Buck Way #A Trustee
Connell, WA 98273 600 Stewart St Ste 1300
Seattle, WA 98101
Jane Doe
Unknown Spouse of Scott K. Babbitt
1615 Buck Way #A
Connell, WA 98273
by both first class and certified mail on January 31, 2014, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on January 31, 2014, with said written notice of default or 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 this 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.
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 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
If the Trustee’s Sale is set aside for any reason, the submitted bid will be forthwith returned without interest and the bidder will have no right to purchase the property. Recovery of the bid amount without interest constitutes the limit of the bidder’s recourse against the Trustee’s and/or the Beneficiary.
XI
NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATIONS SECURED BY THIS DEED OF TRUST: (1) The Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the Trustee’s Sale is less than the debt secured by the Deed of Trust; (2) The Guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustee’s sale; (3) The Guarantor will have no right to redeem the property after the Trustee’s Sale; (4) Subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the Trustee’s Sale, or the last Trustee’s Sale under any deed of trust granted to secure the same debt; and (5) In any action for a deficiency, the Guarantor will have the right to establish the fair value of the property as of the date of the Trustee’s Sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the Trustee’s sale, plus interest and costs.
DATED: April 4, 2014.
BISHOP, MARSHALL & WEIBEL, P.S.
Successor Trustee
By: William L. Bishop, Jr.
720 Olive Way, Suite 1201
Seattle, WA 98101
(206) 622-7527
(Published June 12 and July 3, 2014, in the Franklin County Graphic.)