NOTICE OF TRUSTEE’S SALE
DATE OF DOCUMENT: September 19, 2013
GRANTOR: David W. Christel, Successor Trustee
BENEFICIARY: Columbia Credit Union, a Washington not for profit corporation
GRANTEE/BORROWER: Deborah Y. Walden, as her separate estate
PARCEL NUMBERS: 105528-308
LEGAL: Lot: 15, Subdivision: Five Corners Meadows, Volume: H, Page: 024
REF NOS. REL. DOCS: 4404682; 5002878
WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME.
You only have 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: Toll-free 1-877-894-HOME (1-877-894-4663)
Website: https://www.dfi.wa.gov/consumers/homeownership /post_purchase_counselors_foreclosure.htm
The United States Department of Housing and Urban Development Telephone: Toll-free: 1-888-995-HOPE (4673) or 1-800-569-4287. Website:
https://www.hud.gov/offices/hsg/sfh/hcc/hcs.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: www.ocla.wa.gov/ or https://nwjustice.org/what-clear.
I. NOTICE IS HEREBY GIVEN that on the January 24, 2014 at the hour of 11:00 o’clock, a.m., at the gazebo in front of the Clark County Public Service Center, near the corner of Franklin Street and 13th Street in the City of Vancouver, County of Clark, State of Washington, the undersigned Trustee (subject to any conditions imposed by Trustee to protect lender and borrower) will sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property (“Premises”):
Lot 15, Five Corners Meadows, according to the plat thereof, recorded in Volume H of Plats, Page 024, records of Clark County, Washington.
Abbreviated Legal Description: Lot: 15, Subdivision: Five Corners Meadows, Volume: H, Page: 024 Assessor’s Property Tax Parcel: 105528-308 Property Address: 9111 NE 73rd Street, Vancouver, WA 98662
which is subject to that certain Deed of Trust, dated November 26, 2007 and recorded December 17, 2007 under Auditor’s File No. 4404682, records of Clark County, Washington, wherein Deborah Y. Walden is named Borrower, and Chicago Title Insurance Company is named Trustee, and Columbia Credit Union is named Lender, and on August 9, 2013, David W. Christel, Attorney at Law, was named Successor Trustee under the Appointment of Successor Trustee which was recorded under Clark County Auditor’s number 5002878.
II. No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary’s successor 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:
Failure to pay the following past-due amounts, which are in arrears:
1. Deed of Trust [Rec. #4404682]: monthly payments of $1,537.67, which are due and payable for the months of December 2012 through August 2013, which equals a total of $13,839.03.
2. Late Fees: $-0-.
b. Non-Monetary Defaults/Other Defaults: None
Other potential defaults do not involve payment to the Beneficiary. If applicable, each of these defaults must also be cured. Listed below are categories of common defaults which do not involve payment of money to the Beneficiary. Opposite each such listed default is a brief description of the action/documentation necessary to cure the default. The list does not exhaust all possible other defaults; any defaults identified by Beneficiary or Trustee that are not listed below must also be cured:
OTHER DEFAULT 1) Nonpayment of taxes/assessments 2) Default under any senior lien 3) Failure to insure property against hazard 4) Waste ACTION NECESSARY TO CURE 1) Deliver to Trustee written proof that all taxes and assessments against the property are paid current 2) Deliver to Trustee written proof that all senior liens are paid current and that no other defaults exist 3) Deliver to Trustee written proof that the property is insured against hazard as required by the Deed of Trust
4) Cease and desist from committing waste, repair all damage to property and maintain property as required by the Deed of Trust
Unauthorized sale of property (Due on Sale) Revert title to permitted vestee
IV. The principal sum owing on the obligation secured by the Deed of Trust is $102,511.05, together with interest as provided in the Note from December 31, 2012 until paid or other instrument secured and such other costs and fees as are due under the Note or other instrument secured and as 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 January 24, 2014. The default(s) referred to in paragraph III must be cured by January 13, 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 before January 13, 2014 (11 days before the sale date), the default(s) as set forth in paragraph III is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after the January 13, 2014 (11 days before the sale date), and before the sale by the Grantor or the Grantor’s 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.
VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Grantor or the Grantor’s successor in interest at the following addresses:
Deborah Y. Walden, 9111 NE 73rd Street, Vancouver, WA 98662
Deborah Yvonne Walden, 9111 NE 73rd Street, Vancouver, WA 98662
Todd Trierweiler, Todd Trierweiler & Associates, 4721 NE 102nd Ave.
Portland, OR 97220
by both first class and certified mail, return receipt requested, on August 9, 2013, proof of which is in the possession of the Trustee; and the Notice of Default was posted in a conspicuous place on the real property described in paragraph I above on August 9, 2013 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.
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 and tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, chapter 59.12 RCW. For tenant–occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
XI. NOTICE TO GUARANTORS: Guarantor(s) of the obligation secured by this deed of trust: (1) 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) have 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) 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.
If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse.
XII. The Successor Trustee makes no representations or warranties concerning what interest in the Premises is being sold. The deed of trust lien foreclosed may not be a first lien position, or there may be other prior encumbrances of title. The Successor Trustee is not required to provide title information concerning the Premises. Any person interested in this foreclosure is encouraged to make his or her own investigation concerning the ownership of the Premises, and the position on title of the deed of trust being foreclosed. Any person interested in this foreclosure is also encouraged to consult an attorney, as the Successor Trustee will not provide legal advice concerning the foreclosure. The Successor Trustee does not provide information concerning the condition of the Premises. No representation or warranties are made concerning the physical condition of the Premises, or whether there are any environmental or hazardous waste liabilities or problems connected with the Premises. Any person desiring title information, information concerning the physical condition of the Premises, information concerning any hazardous waste or environmental issue, or other information about the Premises being foreclosed should obtain all such information independently.
David W. Christel, Successor Trustee, 105 W. Evergreen Blvd. Ste. 200, PO Box 61983, Vancouver, Washington 98666-1983-1200
NOTICE TO DEBTOR(S)/BORROWER(S)
Pursuant to the Federal Fair Debt Collection Practices Act, you are notified that: Through September 19, 2013, the amount required to pay off the loan/debt is $102,511.05, together with interest at the rate of 3.25% per annum from December 31, 2012 until paid. Because of interest, late charges, and collection costs and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after Columbia Credit Union receives your check. For further information write or call:
David W. Christel, Successor Trustee
PO Box 61983 //105 W. Evergreen Blvd., Ste. 200
Vancouver, WA 98666
(360) 993-1200
1. The creditor to whom the debt is owed is Columbia Credit Union.
2. Unless within thirty (30) days after receipt of this notice you dispute the debt or any portion of it, we will assume the debt to be valid. 3. If you send us written notice within the thirty (30) day period that you dispute this debt or any portion thereof, we will obtain verification of the debt, or a copy of the judgment against you, and mail you a copy of the verification or judgment. 4. If you send us a written request within the thirty (30) day period, we will send you the name and address of the original creditor if it is different from the current creditor named in this letter. 5. Please note that we are attempting to collect a debt and any information obtained will be used for that purpose.
Christel & Isely, LLP, 105 W. Evergreen Blvd., Suite 200, PO Box 61983
Vancouver WA 98666-1983 (360) 993-1200
Dec 20, Jan 10
