CITY OF FERNDALE
LEGAL
NOTICE OF PUBLIC HEARING
The City of Ferndale City Council will hold a public hearing to consider the proposed zoning text amendments described below. Pursuant to Section 14.15.050 of the Ferndale Municipal Code the following notice is provided to inform the community of the pending hearing.
The City Council meeting will be held beginning at 6:00 p.m. on Monday, August 7th, 2017 in the Council Chambers at the Ferndale City Hall Annex located at 5694 Second Avenue in Ferndale. Any interested party is invited to attend the public hearing and offer testimony, or submit comments in writing to City Council. Written comments should be submitted by 5:00 p.m. on the date preceding the meeting. For information concerning this notice please contact the Community Development Department located at 2095 Main Street in Ferndale, (360) 685-2368.
DATE OF NOTICE:
July 26, 2017
APPLICANT:
City of Ferndale
PROJECT LOCATION:
Citywide
PROJECT DESCRIPTION:
The City of Ferndale proposes modifying several chapters of the Ferndale Municipal Code to clarify which land uses may be processed by professional staff administratively as Permitted Uses, which shall be processed through a public hearing as Conditional Uses, and which may be processed administratively as Discretionary Administrative Use when no public hearings are requested or comments submitted.
REQUESTED ACTION(S):
The City of Ferndale requests approval of an amendment to the Ferndale Municipal Code.
PUBLIC COMMENT PERIOD:
July 26, 2017 – August 9, 2017
CONTACT:
Jori Burnett, Community Development Director
City of Ferndale
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
[email protected]
Published by Ferndale Record
July 26, 2017.
SUMMONS
LEGAL
SUPERIOR COURT OF WASHINGTON COUNTY OF CLARK JUVENILE DIVISION
Case No.: 17-7-00167-0
NOTICE AND SUMMONS
BY PUBLICATION
(Dependency)
In re the Interest of:
HOPE ALFARA-BARRERA
DOB: 05/18/17
Minor Child.
TO: Jesus Ivan Rivera, Alleged Father
A Dependency Petition was filed on May 23, 2017: A Fact Finding hearing will be held on this matter on: August 29, 2017 at 9:00 a.m. at Clark County Superior Court, Family Law Annex, 601 West Evergreen Blvd., Vancouver, WA 98660. YOU SHOULD BE PRESENT AT THIS HEARING.
THE HEARING WILL DETERMINE IF YOUR CHILD IS DEPENDENT AS DEFINED IN RCW 13.34.050(5). THIS BEGINS A JUDICIAL PROCESS WHICH COULD RESULT IN PERMANENT LOSS OF YOUR PARENTAL RIGHTS. IF YOU DO NOT APPEAR AT THE HEARING THE COURT MAY ENTER A DEPENDENCY ORDER IN YOUR ABSENCE.
To request a copy of the Notice, Summons, and Dependency Petition, call DSHS at 360/993-7900. To view information about your rights in this proceeding, go to www.atg.wa.gov/DPY.
DATED 20th day of July, 2017, By Scott G. Weber, Clark County Clerk.
Published by Ferndale Record
July 26 and August 2, 9, 2017.
PUBLIC NOTICE
LEGAL
SERVICE BY PUBLICATION
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
COURT CAUSE NO. 16-2-01476-0
ORDER OF SALE
ON REAL PROPERTY
JOSEPH ANDERSON an unmarried man and CHARLES ANDERSON and LINDA ANDERSON, husband and wife,
Plaintiff(s),
vs.
ESTATE OF CONSTANCE MASON, DECEASED, THE UNKNOWN HEIRS AND DEVISEES OF THE ESTATE OF CONSTANCE MASON, DECEASED, JACK GANT, an individual, SANDY MELLICK, an individual, LISA HILTON, an individual, KENNY GANT, an individual, BARABAR GALEN, an individual, THE CITY OF BLAINE, WASHINGTON, JOHN AND JANE DOES, Nos. 1 through 5, UNKNOWN OCCUPANTS OF THE SUBJECT REAL PROPERTY, and ALSO ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN,
Defendant(s).
TO: THE STATE OF WASHINGTON, to the Sheriff of Whatcom County, Washington, Judgment Debtor(s),
WHEREAS, in the above entitled Court, on the 2nd day of June, 2017, the Plaintiffs Joseph Anderson, Charles Anderson and Linda Anderson recovered a judgment against Defendants The Unknown Heirs and Devisees of the Estate of Constance Mason, In Rem, which is for the sum of $137,359.82 plus interest at the rate of 12% per annum from June 2, 2017, as well as attorney’s fees and costs incurred in collecting on the judgment. Said judgment is entered in the execution docket of the Superior Court as Judgment Number 17-2-01266-3.
WHEREAS, said judgment is a foreclosure against all defendants herein of a deed of trust on the following described real property, situated in Whatcom County, State of Washington, to wit:
Lots 13 & 14, Block 13, Cain’s First addition to Blaine, according to the plat thereof, recorded in Volume 2 of Plats, page 33A, records of Whatcom County, Washington.
Together with the South 18 feet of “G” Street adjoining said Lots 13 and 14, as per Ordinance No. 1633 recorded under Auditor’s File No. 1413102.
Situate in Whatcom County, Washington.
Tax Parcel No. 410131-162027-0000/15021
THEREFORE, in the name of the State of Washington, you are hereby commanded to proceed to seize and sell forthwith the above-described property in the manner provided by law; or so much thereof as may be necessary to satisfy the judgment, interest and costs.
HEREIN FAIL NOT, but make hereof within sixty (60) days, showing how you have executed the same. This Order may be extended for an additional thirty days for the purpose of sale only.
WITNESS, the Honorable Charles R. Snyder, Judge of the Whatcom County Superior Court and the seal of said Court, affixed thereof this 12th day of June, 2017.
THE SALE DATE has been set for Friday, September 1st , 2017, 9:30 AM, at the Whatcom County Courthouse, Bellingham, Washington. YOU MAY HAVE A RIGHT TO EXEMPT PROPERTY from the sale under statutes of this state, including sections 6.13.010, 6.13.030, 6.13.040, 6.15.010, and 6.15.060 of the Revised Code of Washington, in the manner described in those statutes.
BILL J. ELFO, Sheriff
Whatcom County
By: SHAUNA BALDETTA, Civil Assistant
Published by Ferndale Record
July 19, 26 and August 2, 9, 16 and 23 2017.
TRUSTEE’S SALE
LEGAL
APN: Propety ID: 122281 / Parcel # 400131-093353-0000
Deed of Trust Instrument No.: 2080403827
Grantor: BENJAMIN S FRANK, AS HIS SOLE AND SEPARATE PROPERTY
Grantee: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR COUNTRYWIDE BANK, FSB, ITS SUCCESSORS AND ASSIGNS
TS No: 16-45465
NOTICE OF TRUSTEE’S SALE
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME.
You have only 20 DAYS from the recording date of 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: 1-877-894HOME (1-877-894-4663)
Web site: http://www.dfi.wa.gov/consumers/homeownership/
The United States Department of Housing and Urban Development: Telephone: 1-800-569-4287
Web site: http://portal.hud.gov/hudportal/HUD
The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys
Telephone: 1-800-606-4819 Web site: http://www.ocla.wa.gov/
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, North Star Trustee, LLC will on 8/25/2017, at 10:00 AM at main entrance Whatcom County Courthouse, 311 Grand Avenue, Bellingham, WA 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 Whatcom, State of Washington, to-wit:
LOT 3, BLOCK 19, BIRCH BAY PARK FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGES 16 THROUGH 21, INCLUSIVE, RECORDS OF THE AUDTIOR’S OFFICE OF WHATCOM COUNTY, WASHINGTON. 1981, GLEN RIVER, 26X62, WAS023585, WAS023586, VIN#GR1823XY LAND AND HOUSE “WHICH IS AFFIXED TO AND MADE PART OF THE REAL PROPERTY”
MORE ACCURATELY DESCRIBED AS:
LOT 3, BLOCK 19, BIRCH BAY PARK FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGES 16 THROUGH 21, INCLUSIVE, RECORDS OF THE AUDITOR’S OFFICE OF WHATCOM COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF WHATCOM, STATE OF WASHINGTON.
Commonly known as:
7537 WOOLRIDGE AVE BLAINE, WA 98230-9698
(aka 7537 Wooldridge Dr Blaine, WA 98230)
which is subject to that certain Deed of Trust dated 4/21/2008, recorded 4/28/2008, under Auditor’s File No. 2080403827, records of Whatcom County, Washington, from BENJAMIN S FRANK, AS HIS SOLE AND SEPARATE PROPERTY, as Grantor(s), to RECON TRUST COMPANY, as Trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR COUNTRYWIDE BANK, FSB, ITS SUCCESSORS AND ASSIGNS. New Penn Financial LLC d/b/a Shellpoint Mortgage Servicing as servicer for WILMINGTON SAVINGS FUND SOCIETY, FSB, doing business as CHRISTIANA TRUST, not in its individual capacity but solely as Trustee for BCAT 2014-4TT is the holder of the Promissory Note and current Beneficiary of the Deed of Trust.
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 or 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 when due the following amounts which are now in arrears:
PAYMENT INFORMATION
FROM
10/1/2013
5/1/2016
3/1/2017
THRU
04/30/2016
02/28/2017
05/03/2017
NO.PMT
31
10
3
AMOUNT
$681.18
$832.88
$1,485.15
TOTAL
$21,116.58
$8,328.80
$4,455.45
Legal Fee Balance:$2,061.10
Other Fees Balance:$5,619.79
LATE CHARGE INFORMATION
TOTAL
$33.26
PROMISSORY NOTE INFORMATION
Note Dated:
4/21/2008
Note Amount:
$116,725.00
Interest Paid To:
9/1/2013
Next Due Date:
10/1/2013
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $107,622.25, together with interest as provided in the note or other instrument secured from the 9/1/2013, 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 8/25/2017. The default(s) referred to in Paragraph III must be cured by 8/14/2017, (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 8/14/2017 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 8/14/2017 (11 days before the sale date) and before the sale, by the Borrower or Grantor 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 addresses:
NAME
BENJAMIN S. FRANK
BENJAMIN S. FRANK
UNKNOWN SPOUSE AND/OR DOMESTIC PARTNER OF BENJAMIN S. FRANK
UNKNOWN SPOUSE AND/OR DOMESTIC PARTNER OF BENJAMIN S. FRANK
ADDRESS
7537 WOOLDRIDGE DR
BLAINE, WA 98230
7537 WOOLRIDGE AVE
BLAINE, WA 98230
7537 WOOLDRIDGE DR
BLAINE, WA 98230
7537 WOOLRIDGE AVE
BLAINE, WA 98230
by both first class and certified mail on 5/28/2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, 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 objections 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.
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.
DATED: 4-20-17
North Star Trustee, LLC, as Trustee
Lisa Hackney, Vice President of Trustee Operations
Address for service:
North Star Trustee, LLC
6100 219th ST SW, Suite 480
Mountlake Terrace, Washington 98043
Phone No: (206) 866-5345
Beneficiary / Servicer Phone: (800)315-4757
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that Lisa Hackney is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the Vice President of Trustee Operations
of North Star Trustee, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. EPP 22079 7/26, 8/16/17
Dated: 4-20-17
Trent Lucatero
NOTARY PUBLIC in and for the State of Washington, residing at Bothell, WA
My commission expires
09/09/2020
Published by Ferndale Record
July 26 and August 16, 2017.
LEGAL
File No.: Trustee: 7042.16229 Northwest Trustee Services, Inc. Grantors: Barbara Fretenburg, a widow, and the Heirs and Devisees of Stanley Fretenburg, deceased, their interest being subject to the administration of the Estate of said decedent in Whatcom County, wherein Barbara Fretenburg is the appointed Personal Representative of said Estate with authority under the Independent Administration of Estates Act. Grantee: Ditech Financial LLC Ref to DOT Auditor File No.: 2091000853 Tax Parcel ID No.: 3802122301000185 Abbreviated Legal: Unit D-105, Darby Estates Condominium, Ph 1 Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME You have only 20 DAYS from the recording date of 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). Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development Telephone: Toll-free: 1-800-569-4287. Web site: 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: Toll-free: 1-800-606-4819. Web site: http://nwjustice.org/what-clear.
I.
On August 4, 2017, at 10:00 AM. inside the main lobby of the Whatcom County Courthouse, 311 Grand Avenue in the City of Bellingham, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property “Property”, situated in the County(ies) of WHATCOM, State of Washington: Unit D-105, Darby Estates Condominium, Phase I, a Condominium, according to the Declaration thereof, recorded under Whatcom County Auditor’s File No. 2051100557, and any amendments thereto. Situate in the County of Whatcom, State of Washington. Commonly known as: 516 Darby Drive Unit D105 Bellingham, WA 98226 which is subject to that certain Deed of Trust dated 10/01/09, recorded on 10/07/09, under Auditor’s File No. 2091000853, records of WHATCOM County, Washington, from Stanley Fretenburg and Barbara Fretenburg, husband and wife, as Grantor, to First American Title Insurance Company, as Trustee, to secure an obligation “Obligation” in favor of Mortgage Electronic Registration Systems, Inc. as designated nominee for Everbank, its successors and assigns, as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc. as designated nominee for Everbank, its successors and assigns to Ditech Financial LLC, under an Assignment/Successive Assignments recorded under Auditor’s File No. 2016-0900228. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property’s full legal description provided herein.
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 or Borrower’s default on the Obligation secured by the Deed of Trust.
III.
The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: Amount due to reinstate as of 03/27/2017. If reinstating after this date, please contact NWTS for the exact reinstatement amount. Monthly Payments $15,053.20 Lender’s Fees & Costs $2,225.65 Total Arrearage $17,278.85 Trustee’s Expenses (Itemization) Trustee’s Fee $750.00 Statutory Mailings $51.48 Recording Costs $54.38 Postings $80.00 Sale Costs $31.50 Total Costs $967.36 Total Amount Due: $18,246.21 Other known defaults as follows:
IV.
The sum owing on the Obligation is: Principal Balance of $142,381.09, together with interest as provided in the note or other instrument evidencing the Obligation from 01/01/16, and such other costs and fees as are due under the Obligation, and as are provided by statute.
V.
The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on August 4, 2017. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 07/24/17 (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 07/24/17 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after 07/24/17 (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 balance of 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): NAME AND ADDRESS Heirs and Devisees of the Estate of Stanley Fretenburg 516 Darby Drive Unit #D105 Bellingham, WA 98226 Heirs and Devisees of the Estate of Stanley Fretenburg 3775 Canterberry Lane #138 Bellingham, WA 98225 Heirs and Devisees of the Estate of Stanley Fretenburg 3580 Rialto Heights #166 Colorado Springs, CO 80907 Barbara Fretenburg, a widow 3580 Rialto Heights #166 Colorado Springs, CO 80907 Barbara Fretenburg, a widow 516 Darby Drive Unit D105 Bellingham, WA 98226 Barbara Fretenburg, a widow 3775 Canterbury Lane #138 Bellingham, WA 98225 Unknown Spouse and/or Domestic Partner of Barbara Fretenburg 516 Darby Drive Unit D105 Bellingham, WA 98226 Unknown Spouse and/or Domestic Partner of Barbara Fretenburg 3775 Canterberry Lane #138 Bellingham, WA 98225 Unknown Spouse and/or Domestic Partner of Barbara Fretenburg 3580 Rialto Heights #166 Colorado Springs, CO 80907 by both first class and certified mail, return receipt requested on 02/24/17, proof of which is in the possession of the Trustee; and on 02/24/17 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on 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 trustee’s 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 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 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. The trustee’s rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA-Foreclosure.com. Date Executed: Northwest Trustee Services, Inc., Trustee Authorized Signature 13555 SE 36th St. Suite 100 Bellevue, WA 98006 Contact: Nanci Lambert (425) 586-1900. Fretenburg, Barbara and Stanley (TS# 7042.16229) 1002.290609-File No.
Published by Ferndale Record
July 5 and 26, 2017.
LEGAL
TS No WA05000006-16-1 APN 89101/ 3902010460240000 TO No 8611944 NOTICE OF TRUSTEE’S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ.
I.
NOTICE IS HEREBY GIVEN that on August 4, 2017, 10:00 AM, at main entrance Whatcom County Courthouse, 311 Grand Avenue, Bellingham, WA, MTC Financial Inc. dba Trustee Corps, the undersigned Trustee, will sell at public auction to the highest and best bidder, payable, in the form of cash, or cashier’s check or certified checks from federally or State chartered banks, at the time of sale the following described real property, situated in the County of Whatcom, State of Washington, to-wit: LOT 2, AS DELINEATED ON EYTON CLUSTER SHORT PLAT, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 21, 1997, UNDER AUDITOR`S FILE NO. 1970702194, AND THE AMENDMENT THERETO RECORDED UNDER AUDITOR`S FILE NO. 1980600561, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN WHATCOM COUNTY, WASHINGTON. APN: 89101/ 3902010460240000 More commonly known as 470 W POLE ROAD, LYNDEN, WA 98264 which is subject to that certain Deed of Trust dated as of August 17, 2007, executed by DAVID A HARBST, A MARRIED MAN, AS HIS SEPARATE ESTATE, as Trustor(s), to secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), as designated nominee for PEOPLES BANK, Beneficiary of the security instrument, its successors and assigns, recorded August 17, 2007 as Instrument No. 2070802848 and re-recorded September 10, 2007 as Instrument No. 2070900887 and the beneficial interest was assigned to Green Tree Servicing LLC and recorded May 14, 2013 as Instrument Number 2130502005 of official records in the Office of the Recorder of Whatcom County, Washington.
II.
No action commenced by Ditech Financial LLC FKA Green Tree Servicing LLC, the current Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrowers’ or Grantors’ default on the obligation secured by the Deed of Trust/Mortgage. Current Beneficiary: Ditech Financial LLC FKA Green Tree Servicing LLC Contact Phone No: 800-643-0202 Address: 2100 East Elliot Road, Building 94, Tempe, AZ 85284
III.
The default(s) for which this foreclosure is made is/are as follows: FAILURE TO PAY WHEN DUE THE FOLLOWING AMOUNTS WHICH ARE NOW IN ARREARS: DELINQUENT PAYMENT INFORMATION From August 1, 2015 To March 22, 2017 Number of Payments 6 $1,633.31 5 $1,677.14 7 $1,643.74 1 $1,672.27 1 $1,590.49 Total $32,954.50 LATE CHARGE INFORMATION August 1, 2015 March 22, 2017 $594.12 PROMISSORY NOTE INFORMATION Note Dated: August 17, 2007 Note Amount: $289,275.00 Interest Paid To: July 1, 2015 Next Due Date: August 1, 2015
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $236,915.66, together with interest as provided in the Note or other instrument secured, 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. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on August 4, 2017. The defaults referred to in Paragraph III must be cured by July 24, 2017, (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 July 24, 2017 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustees’ fees and costs are paid. Payment must be in cash or with cashiers’ or certified checks from a State or federally chartered bank. The sale may be terminated any time after the July 24, 2017 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust.
VI.
A written Notice of Default was transmitted by the current Beneficiary, Ditech Financial LLC FKA Green Tree Servicing LLC or Trustee to the Borrower and Grantor at the following address(es): ADDRESS DAVID A HARBST 470 W POLE ROAD, LYNDEN, WA 98264 DAVID A HARBST C/O NANCY BERG, ATTORNEY, 119 N. COMMERCIAL SUITE 250, BELLINGHAM, WA 98225 JOYCE RAE HARBST 470 W POLE ROAD, LYNDEN, WA 98264 JOYCE RAE HARBST C/O NANCY BERG, ATTORNEY, 119 N. COMMERCIAL SUITE 250, BELLINGHAM, WA 98225 UNKNOWN SPOUSE OF DAVID HARBST 470 W POLE ROAD, LYNDEN, WA 98264 UNKNOWN SPOUSE OF DAVID HARBST C/O NANCY BERG, ATTORNEY, 119 N. COMMERCIAL SUITE 250, BELLINGHAM, WA 98225 by both first class and certified mail on May 5, 2016, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served with said written Notice of Default or the written Notice of Default was posted in a conspicuous place May 5, 2016 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 objections 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 Trustees’ Sale.
X.
If the Borrower received a letter under RCW 61.24.031: 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 might 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: (877) 894-4663 or (800) 606-4819 Website: www.wshfc.org The United States Department of Housing and Urban Development: Telephone: (800) 569-4287 Website: www.hud.gov The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: (800) 606-4819 Website: www.homeownership.wa.gov 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 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; Dated: March 23, 2017 MTC Financial Inc. dba Trustee Corps, as Duly Appointed Successor Trustee By: Alan Burton, Vice President MTC Financial Inc. dba Trustee Corps 500 Union Street, Suite 620 Seattle, WA 98101 Toll Free Number: (844) 367-8456 TDD: (800) 833-6388 For Reinstatement/Pay Off Quotes, contact MTC Financial Inc. DBA Trustee Corps SALE INFORMATION CAN BE OBTAINED ON LINE AT www.insourcelogic.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: In Source Logic AT 702-659-7766ISL Number 29405, Pub Dates: 07/05/2017, 07/26/2017, FERNDALE RECORD
Published by Ferndale Record
July 5 and 26, 2017.
LEGAL
File No.: Trustee: 8132.21339 Northwest Trustee Services, Inc. Grantors: Eric E. Lukes and Dori A. Lukes, husband and wife Grantee: Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust Ref to DOT Auditor File No.: 2060900402 Original NTS Auditor File No. 2141200489 Tax Parcel ID No.: 103325/3903193-95280-0000 Abbreviated Legal: Lt 1, R & C, SP Rec No. 930329050, Whatcom Co, WA Amended Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME You have only 20 DAYS from the recording date of 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). Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development Telephone: Toll-free: 1-800-569-4287. Web site: 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: Toll-free: 1-800-606-4819. Web site: http://nwjustice.org/what-clear.
I.
On August 4, 2017, at 10:00 AM. inside the main lobby of the Whatcom County Courthouse, 311 Grand Avenue in the City of Bellingham, State of Washington, the Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property “Property”, situated in the County(ies) of WHATCOM, State of Washington: Lot 1, R and C Short Plat, as recorded March 29, 1993, in Volume 28 of Short Plats, Page 7, under Auditor’s File No. 930329050, Records of Whatcom County, Washington; being a portion of the West half of the West half of the Southeast Quarter of the Northeast Quarter of Section 19, Township 39 North, Range 3 East of W.M. Situate in Whatcom County, Washington. Commonly known as: 406 East Laurel Road Bellingham, WA 98226 which is subject to that certain Deed of Trust dated 08/29/06 and recorded on 09/06/06, under Auditor’s File No. 2060900402, records of WHATCOM County, Washington, from Eric E. Lukes and Dori A. Lukes, husband and wife, as Grantor, to First American Title Company, as Trustee, to secure an obligation “Obligation” in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Provident Funding Associates, L.P., its successors and assigns, as Beneficiary, the beneficial interest in which was assigned by Wells Fargo Bank, N.A. to Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust, under an Assignment/Successive Assignments recorded under Auditor’s File No. 2016-0603435. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property’s full legal description provided herein.
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 or Borrower’s default on the Obligation.
III.
The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: Amount due to reinstate as of 06/14/2017. If reinstating after this date, please contact NWTS for the exact reinstatement amount Monthly Payments $29,848.39 Late Charges $213.56 Lender’s Fees & Costs $725.47 Total Arrearage $30,787.42 Trustee’s Expenses (Itemization) Trustee’s Fee $950.00 Title Report $908.85 Statutory Mailings $93.12 Recording Costs $92.00 Postings $297.16 Sale Costs $832.90 Total Costs $3,174.03 Total Amount Due: $33,961.45 Other known defaults are as follows:
IV.
The sum owing on the Obligation is: Principal Balance of $215,124.40, together with interest as provided in the note or other instrument evidencing the Obligation from 09/01/15, and such other costs and fees as are due under the Obligation, and as are provided by statute.
V.
The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on August 4, 2017. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 07/24/17 (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 07/24/17 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after 07/24/17 (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 balance of 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.
VI.
A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address(es): NAME AND ADDRESS Eric E. Lukes 406 East Laurel Road Bellingham, WA 98226 Dori A. Lukes 406 East Laurel Road Bellingham, WA 98226 Eric E. Lukes 406 East Laurel Road Bellingham, WA 98226-9774 Dori A. Lukes 406 East Laurel Road Bellingham, WA 98226-9774 by both first class and certified mail, return receipt requested on 10/31/14, proof of which is in the possession of the Trustee; and on 10/31/14 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on 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 trustee’s 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 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 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. The trustee’s rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA-Foreclosure.com Date Executed: Northwest Trustee Services, Inc., Trustee Authorized Signature 13555 SE 36th St. Suite 100 Bellevue, WA 98006 Contact: Vonnie McElligott (425) 586-1900. Lukes, Eric E. and Dori A. (TS# 8132.21339) 1002.291825-File No.
Published by Ferndale Record
July 5 and 26, 2017.
