Friday, November 15, 2024
30.0°F

NOTICE OF TRUSTEE'S SALE

| May 8, 2014 1:00 PM

LOT 2, WILSON MEADOWS PHASE 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME D OF PLATS, PAGE 270, RECORDS OF FRANKLIN COUNTY, WASHINGTON.

NOTICE: AS THE RESULT OF AN ORDER ENTERED IN A BANKRUPTCY PROCEEDING, ALFONSO PINCHEIRA 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, White, Marshall & Weibel, P.S. formerly known as Bishop, White, Marshall & Weibel, P.S. will on June 6, 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 2, WILSON MEADOWS PHASE 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME D OF PLATS, PAGE 270, RECORDS OF FRANKLIN COUNTY, WASHINGTON.

which is subject to that certain Deed of Trust dated December 15, 2005, recorded December 22, 2005, under Auditor’s File No. 1675246 records of Franklin County, Washington, from Alfonso Pincheira and Susannah B Pincheira, Community Property, as Grantor, to Chicago Title, 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 Primary Residential Mortgage Inc. its successors and assigns as Beneficiary. Said Deed of Trust was most recently modified on June 12, 2012. CitiMortgage, Inc. is now the beneficiary of the deed of trust. 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 February 3, 2014

Delinquent Monthly Payments Due from 03/1/2013

through 02/1/2014:

4 payment(s) at $981.01

8 payment(s) at $970.83

Total $11,690.68

Late Charges:

11 late charge(s) at $28.41

for each monthly payment not made within

days of its due date

Total Late Charges $312.51

Accrued Late Charges $28.41

BPO $150.00

Property Inspection $40.50

Subtotal $12,222.10

Less Suspense Balance ($500.99)

TOTAL DEFAULT $11,721.11

ii) Description of Action Required to Default Cure and Documentation Necessary to Show

Cure

Delinquent irrigation dues for 2012, Proof of Payoff

and 2013.

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: $213,183.48, together with interest from February 1, 2013 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 June 6, 2014. The payments, late charges, or other defaults must be cured by May 26, 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 May 26, 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 May 26, 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):

Alfonso Pincheira Jane Doe

10416 Aspen Loop Unknown Spouse of Alfonso Pincheira

Pasco, WA 99301 10416 Aspen Loop

Pasco, WA 99301

Alfonso Pincheira Jane Doe

PO BOX 4767 Unknown Spouse of Alfonso Pincheira

Pasco, WA 99301 PO BOX 4767

Pasco, WA 99301

Susannah B Pincheira John Done

aka Susannah Moore Unknown Spouse of Susannah B Pincheira

10416 Aspen Loop 10416 Aspen Loop

Pasco, WA 99301 Pasco, WA 99301

Susannah B Pincheira John Doe

aka Susannah Moore Unknown Spouse of Susannah B Pincheira

PO BOX 4767 PO BOX 4767

Pasco, WA 99302 Pasco, WA 99302

by both first class and certified mail on September 30, 2013, proof of which is in the possession of the

Trustee; and the Borrower and Grantor were personally served on October 1, 2013, 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.

XII

NOTICE

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: (1-877-894-4663)

Website: http://www.wshfc.org/buyers/counseling.htm

The United States Department of Housing and Urban Development:

Telephone: (1-800-569-4287)

Website:

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:

Telephone: (1-800-606-4819)

Website: http://nwjustice.org/what-clear

DATED: January 30, 2014.

BISHOP, MARSHALL & WEIBEL, P.S. FORMERLY KNOWN AS BISHOP, WHITE, MARSHALL &

WEIBEL, P.S.

Successor Trustee

By: William L. Bishop, Jr.

720 Olive Way, Suite 1201

Seattle, WA 98101

(206) 622-7527

(Published May 8 and May 29, 2014, in the Franklin County Graphic.)