AMENDED NOTICE OF TRUSTEE’S SALE AFTER
TERMINATION OF STAY
I.NOTICE IS HEREBY GIVEN that the undersigned Trustee, NANCY K. CARY, will on December 7, 2018, at the hour of 11:00 a.m. at the front of the Inside the Main Lobby, Pacific County Courthouse, 300 Memorial Drive, South Bend, 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 Pacific, State of Washington, to-wit: LOT 12 IN BLOCK 4 OF SURFSIDE ESTATES DIVISION 8, PER PLAT THEREOF FILED IN VOLUME H OF PLATS AT PAGES 52, 53 AND 54, RECORDS OF PACIFIC COUNTY, WASHINGTON. Tax Account No.: 77008004012. The original Notice of Trustee’s Sale was recorded in the Official Records of Pacific County, Washington. The original Notice of Trustee’s Sale stated that the sale would be held on September 14, 2018 at 11:00 a.m., at the front of the Inside the Main Lobby, Pacific County Courthouse, 300 Memorial Drive, South Bend, WA. The original sale proceedings were stayed by order of the Bankruptcy Court and the stay was terminated by order entered June 25, 2018, and effective on July 10, 2018. which is subject to that certain Deed of Trust described as follows: Dated: August 1, 2016; Recorded: August 5, 2016; Recording No.: 3167244; Records of: Pacific County, Washington. Grantor: JOSE JAMES ORTIZ JR AND KIMBERLY M ORTIZ; Successor Trustee: NANCY K. CARY; Beneficiary: UMPQUA BANK; Assigned From: MORTGAGE ELECTRONIC REGISTRATION SYSEMS, INC., Assignment Recorded as Recording No.: 3179007; 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 defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts which are now in arrears: Monthly payments in the amount of $1,434.53 each, due the first of each month, for the months of September 2017 through July 2018; plus late charges in the amount of $39.52 each, assessed the sixteenth of each month, for the months of September 2017 through June 2018; plus advances; plus any unpaid real property taxes, plus interest. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal balance of $215,983.74, together with interest as provided in the note or other instrument secured from August 1, 2017, 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 December 7, 2018. The Defaults referred to in paragraph III must be cured by November 26, 2018, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before November 26, 2018, 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 November 26, 2018, 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 addresses: Jose James Ortiz Jr., 1204 314th Place, Ocean Park WA 98640; Jose James Ortiz Jr., 400 E. Church Ave., Longwood FL 32750; Jose James Ortiz Jr., 7531 Kodiak Ave. NE, Olympia WA 98516; Kimberly M. Ortiz, 1204 314th Place, Ocean Park WA 98640; Kimberly M. Ortiz, 400 E. Church Ave., Longwood FL 32750; Kimberly M. Ortiz, 7531 Kodiak Ave. NE, Olympia WA 98516 — by both first class and certified mail on January 29, 2018, proof of which is in the possession of the Trustee; and Borrower and Grantor were personally served on March 9, 2018, 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 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 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. 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, Web site: http://www.dfi.wa.gov/consumers/ homeownership/post_purchase_ counselors_foreclosure.htm. The United States Department of Housing and Urban Development, Telephone: 1-800-569-4287, Web site: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListActon=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, Web site: http://nwjustice.org/what-clear
DATED: July 11, 2018.
ADDRESS FOR SERVICE OF PROCESS: NANCY K. CARY, Trustee, Law Offices, 1223 Commercial Street, Bellingham, WA 98225, Telephone: (360) 715-1218; /s/ Nancy K. Cary, Nancy K. Cary, Successor Trustee, Hershner Hunter, LLP, PO Box 1475, Eugene OR 97440, Telephone: (541) 686-8511. Any questions regarding this matter should be directed to Lisa M. Summers, Paralegal, at (541) 686-0344. FAIR DEBT COLLECTION PRACTICES ACT NOTICE, This communication is from a debt collector.
Published November 7 and November 28, 2018
Legal No. 412-18