AMENDED NOTICE OF TRUSTEE’S SALE
After Relief from Stay – Pursuant to RCW 61.24.130(4)
AFTER RECORDING, RETURN TO: LANDERHOLM, P.S. 805 BROADWAY STREET, SUITE 1000 VANCOUVER, WA 98660
Grantor(s): MIKE J. AUBREY AND DEBRA A. AUBREY
Beneficiary: MORTON LIVING TRUST, dated July 16, 1991
Successor Trustee: LANDERHOLM, P.S.
Loan Servicer: MORTON LIVING TRUST, dated July 16, 1991
Abbreviated Legal: #98 SEC 30 T2N R4EWM 5.30A
Tax Parcel ID No.: 142263-000
Related Document Ref. Nos.: 4302503, 6117439
Pursuant to the Revised Code of Washington, Chapter 61.24 RCW: I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, LANDERHOLM, P.S., will on FRIDAY, AUGUST 16, 2024, at 11:00 A.M. at the following location: The Public Service Center Gazebo, located at 1300 Franklin Street, Vancouver, Washington 98660, 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 Clark, State of Washington, to-wit: AS IN SAID DEED OF TRUST AND DESCRIBED ABOVE. SEE EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN Commonly known as: 1121 NE 310th Avenue Washougal, WA 98671 which is subject to that certain Deed of Trust dated March 23, 2007, recorded March 26, 2007, under Auditor’s File No. 4302503, records of Clark County, Washington, from Mike J. Aubrey and Debra A. Aubrey, as Grantors, to Fidelity National Title Insurance Company, as Trustee, to secure an obligation in favor of Morton Living Trust dated July 16, 1991, as Beneficiary. The undersigned, Landerholm, P.S., was appointed Successor Trustee on April 18, 2023, pursuant to an Appointment of Successor Trustee recorded on May 2, 2023, under Auditor’s File No. 6117439, records of Clark County, Washington. 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, Grantor(s)’, any Guarantor’s or any successor-in-interest default on the obligation secured by the Deed of Trust. III. The defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts which are now in arrears: Failure to pay the following past-due amounts on that certain Promissory Note dated March 22, 2007, consisting of monthly payments from March 5, 2021 to July 5, 2024, in the amount of $74,881.17, plus late fees of $1,025.00, and attorney fees and allowable court costs. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $246,197.70, together with interest as provided in the note from March 22, 2007 from date of last payment in October 2022, 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 FRIDAY, AUGUST 16, 2024 at 11:00 A.M. The defaults referred to in paragraph III must be cured by Monday, August 5, 2024 (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 Monday, August 5, 2024 (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 Monday, August 5, 2024 (11 days before the sale date), and before the sale by the Borrower, Grantor(s), any Guarantor, any successor-in-interest, 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. This is an attempt to collect a debt and any information obtained will be used for that purpose. VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower, Grantor(s), Guarantor(s), and any successor at the following address: Mike J. Aubrey and Debra A. Aubrey 1121 NE 310th Avenue Washougal, WA 98671 by both first class and certified mail on April 11, 2023, proof of which is in the possession of the Trustee; and on April 11, 2023, 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 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. Service of process of any lawsuit or legal action may be made on Landerholm, P.S., whose address is Landerholm, P.S. 805 Broadway Street, Suite 1000, Vancouver, WA 98660. 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, who were given all of the notices to which they were entitled under this chapter. 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. NOTICE TO GUARANTOR: 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. 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 cost. The Guarantor has the same rights to cure the default or repay the debt as is given to the Grantor(s) in order to avoid the Trustee’s Sale. The Guarantor will have no right to redeem the property after the Trustee’s Sale. Any action 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 (subject to such longer periods as are provided in RCW 61.24).
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME.
You have only 20 DAYS from 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: * Toll-free: 1-877-894-HOME (1-877-894-4663) http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The 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 DATED this 8th day of July, 2024. LANDERHOLM, P.S. _/s/ Jean M. McCoy Jean M. McCoy, WSBA# 21878 On Behalf of Successor Trustee 805 Broadway, Suite 1000 Vancouver, WA 98660 P.O. Box 1086 Vancouver, WA 98666-1086 Telephone: (360) 696-3312 Fax: (360) 696-2122 Email: jean.mccoy@landerholm.com STATE OF WASHINGTON ) ) ss. County of Clark ) This record was acknowledged before me on this 8th day of July 2024, by Jean M. McCoy for the Successor Trustee, Landerholm P.S. /s/Rebecca Schrantz Notary Public for the State of Washington Residing in the County of Clark My appointment expires: 11/15/2025 EXHIBIT “A” EXHIBIT A PARCEL I A portion of the East half of the Northeast quarter of Section 30, Township 2 North, Range 4 East of the Willamette Meridian in Clark County, Washington, described as follows: BEGINNING at a 1/2 inch iron rod on the East line of said Northeast quarter which bears South 01°48’17” West, 1900.41 feet from a 3/4 inch iron pipe at the Northeast corner of Section 30; thence North 88°30’00” West 570.72 feet to the centerline of a 60 foot private road and utility easement; thence North 35°36’00” West, along said centerline, 132.46 feet; thence along the arc of a 150 foot radius curve to the right for an arc distance of 192.68 feet; thence North 38°00’00” East, 90.19 feet; thence leaving said centerline South 88°30’00” East, 599.82 feet to a 1/2 inch iron rod on the East line of said Northeast quarter of Section 30; thence South 01°48’17” West along said East line 357.86 feet to the Point of Beginning. PARCEL II An easement for ingress, egress and utilities 60 feet in width over, under and across a strip of land 60 feet in width lying 30 feet to each side of the following described centerline: BEGINNING at a Clark County concrete monument at the East quarter corner of Section 30; thence North 01°48’17” East, along the East line of the Northeast quarter thereof, 141.01 feet to a point on the apparent centerline of N.E. 10th Street; thence along the arc of a 155 foot radius curve to the left (incoming tangent of which bears North 11°22’24” West) an arc distance of 207.30 feet; thence North 88°00’00” West, 318.56 feet to the True Point of Beginning of this centerline description; thence North 01°00’00” West, 267.82 feet; thence along the arc of a 300 foot radius curve to the left for an arc distance of 181.17 feet; thence North 35°36’00” West, 177.46 feet; thence along the arc of a 150 foot radius curve to the right for an arc distance of 192.68 feet; thence North 38°00’00” East 625.98 feet; thence along the arc of a 100 foot radius curve to the left for an arc distance of 220.73 feet; thence North 88°28’14” West, 625.45 feet to the terminus of said centerline at a point which bears North 28°43’34” West 1948.90 feet from said Clark County concrete monument at the East quarter corner of Section 30.
published in the Vancouver Business Journal
July 12, August 2, 2024
