NOTICE OF TRUSTEE'S SALE
NOTICE: AS THE RESULT OF AN ORDER ENTERED IN A BANKRUPTCY PROCEEDING, JUAN C. RAMOS AND BELINDA ARAIZA MAY NOT BE PERSONALLY LIABLE FOR THE UNPAID BALANCE OF THE BELOW REFERENCED LOAN.
NOTICE: AS THE RESULT OF AN ORDER ENTERED IN A BANKRUPTCY PROCEEDING, JUAN C. RAMOS AND BELINDA ARAIZA 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 October 9, 2015 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;
THAT PORTION OF FARM UNIT 104, THIRD REVISION OF THE FARM UNIT PLAT, IRRIGATION BLOCK 1, VOLUME “C” OF PLATS, PAGE 63, RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID FARM UNIT 104; THENCE NORTH 89 DEGREES 48'43” WEST ALONG THE NORTH LINE OF SAID FARM UNIT, A DISTANCE OF 418.75 FEET TO THE TRUE POINT OF BENINNING; THENCE NORTH 89 DEGREES 48' 43” WEST ALONG SAID LINE A DISTANCE OF 136.25 FEET TO THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 10 NORTH, RANGE 29 EAST, W.M,; THENCE NORTH 89 DEGREES 22' 56” WEST ALONG SAID NORTH LINE, A DISTANCE OF 55.97 FEET; THENCE SOUTH 01 DEGREES 41' 16” WEST A DISTANCE OF 1108.14 FEET; THENCE SOUTH 88 DEGREES 21' 00” EAST A DISTANCE OF 210.37 FEET; THENCE NORTH 00 DEGREES 09' 30” WEST A DISTANCE OF 593.68 FEET; THENCE NORTH 01 DEGREES 47' 22” EAST A DISTANCE OF 519.24 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THAT CERTAIN 60 X 40 FOOT 2003 MODULINE MANUFACTURED HOME BEARING VIN No. 17-03422-02170ABC AND MORE FULLY DESCRIBED IN THAT CERTAIN TITLE ELIMINATION TO THE DEED OF TRUST FILED WITH THE AUDITOR OF FRANKLIN COUNTY, WASHINGTON ON APRIL 14, 2003 UNDER RECORDING/AUDITOR’S NO 1622615.
which is subject to that certain Deed of Trust dated December 20, 2002, recorded December 26, 2002, under Auditor’s File No. 1616728 records of Franklin County, Washington, from Juan C Ramos, Belinda Araiza, Husband and Wife and Omar Araiza, a Single Person, as Grantor, to First American Title, as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc. is a separate corporation that is acting solely as a nominee for Major Mortgage, a Wyoming Corporation, and its successors and assigns as Beneficiary. CitiMortgage, Inc. is now the beneficiary of the deed of trust. Said Deed of Trust was most recently modified on March 30, 2010. 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 June 2, 2015
Delinquent Monthly Payments Due from
12/01/2013 through 6/1/2015:
13 payment(s) at $ 994.69
6 payment(s) at $1,018.95
Total: $19,044.67
Property Inspection $ 94.50
Paid FC Atty Fees and Costs $ 683.13
Servicing Fees $ 22.12
Property Preservation Fees $5,545.78
O.S. Property Preservation Fee $11,387.20
TOTAL DEFAULT $36,777.40
IV
The sum owing on the obligation secured by the Deed of Trust is: $125,630.59, together with interest from November 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 October 9, 2015. The payments, late charges, or other defaults must be cured by September 28, 2015 (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 September 28, 2015 (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 with cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after September 28, 2015 (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):
See ‘Mailing List’ attached hereto and incorporated herein by this reference.
‘Mailing List’
Belinda Araiza
7991 Selph Landing Rd
Pasco, WA 99301
Belinda Araiza
920 N Road 37
Pasco, WA 99301
Belinda Araiza
9315 Chapel Hill Blvd A1305
Pasco, WA 99301
Jane Doe
Unknown Spouse of Omar Araiza
7991 Selph Landing Rd
Pasco, WA 99301
Jane Doe
Unknown Spouse of Omar Araiza
920 N Road 37
Pasco, WA 99301
Jane Doe
Unknown Spouse of Omar Araiza
9315 Chapel Hill Blvd A1305
Pasco, WA 99301
Juan C Ramos
920 N Road 37
Pasco, WA 99301
Juan C Ramos
9315 Chapel Hill Blvd A1305
Pasco, WA 99301
Juan C. Ramos
7991 Selph Landing Rd
Pasco, WA 99301
Omar Araiza
7991 Selph Landing Rd
Pasco, WA 99301
Omar Araiza
920 N Road 37
Pasco, WA 99301
Omar Araiza
9315 Chapel Hill Bvld A1305
Pasco, WA 99301
by both first class and certified mail on September 24, 2014 and re-mailed on January 20, 2015, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on September 24, 2014 and re-served on January 20, 2015, 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 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 objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objection 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 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: June 4, 2015
BISHOP, MARSHALL & WEIBEL, P.S.
Successor Trustee
By:
William L. Bishop, Jr., President
720 Olive Way, Suite 1201
Seattle, WA 98101
(206) 622-7527
(Published September 10 and october 1, 2015, in the Fraklin County Graphic.)