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WE ARE A DEBT in Everett, WA 98201, US

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Location: Everett, WA 98201, US
Category: Events and Notices - Legal and Public Notices
Posted: 01/03/2020
Contact: 877-894-4663


WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF TRUSTEE'S SALE I NOTICE IS HEREBY GIVEN that the undersigned Weinstein & Riley, P.S. will on February 7, 2020 at 9:00 AM in the Northeast Courtyard of the Snohomish County Superior Courthouse, 3000 Rockefeller Avenue, Everett, WA 98201 located at Snohomish 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 Snohomish County, State of Washington, to-wit; Lot 2, PLAT OF BELLA VISTA ESTATES, AS PER PLAT RECORDED IN VOLUME 35 OF PLATS, PAGE 41, RECORDS OF SNOHOMISH COUNTY AUDITOR. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. which is subject to that certain Deed of Trust dated July 30, 2018, recorded July 31, 2018, under Recorder's/Auditor's File Number 201807310742 records of Snohomish County, Washington, from Marcus Schmidt and Samantha Schmidt, Husband and Wife, as Grantor, to Cascade West Title Company dba CW Title, as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc (MERS) as designated nominee for American Pacific Mortgage Corporation, its successors and assigns as Beneficiary. Said Deed of Trust was assigned to American Pacific Mortgage Corporation on April 03, 2019 under Recorder's/Auditor's File Number 201904030222. American Pacific Mortgage Corporation is now the beneficiary of the Deed of Trust. 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 September 20, 2019 Monthly Payments: Delinquent Monthly Payments Due: From 10/01/2018 through 09/01/2019 12 payment(s) at $2,916.39 Total:$34,996.68 Accrued Late Charges:$283.80 Corporate Advances:$1,431.99 Net Other Fees:$112.00 NSF Balance:$20.00 TOTAL DEFAULT$36,844.47 IV The sum owing on the obligation secured by the Deed of Trust is $433,833.07, together with interest from September 1, 2018 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 February 7, 2020. The payments, late charges, or other defaults must be cured by January 27, 2020 (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 January 27, 2020 (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 January 27, 2020 (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): Marcus SchmidtMarcus Schmidt 912 176th Pl Nw10 Hampshire CT, APT 2 Arlington, WA 98223Hamilton, OH 45011 Marcus SchmidtSamantha Schmidt 5112 109th PL NE912 176th Pl NW Marysville, WA 98271Arlington, WA 98223 Samantha SchmidtSamantha Schmidt 4609 130th PL NE1530 148th ST NE SPC 8 Marysville, WA 98271Arlington, WA 98223 Samantha SchmidtSamantha Schmidt 4851 148th ST NE311 S Machias RD Marysville, WA 98271Snohomish, WA 98290 Samantha Schmidt 5112 109th PL NE Marysville, WA 98271 by both first-class and certified mail on April 10, 2019, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on April 19, 2019, 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 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. 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: The United States Department of Housing and Urban Development: Telephone: (1-800-569-4287) Website: The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: (1-800-606-4819) Website: For Sales questions and concerns: Email Address: DATED: September 20, 2019 WEINSTEIN & RILEY, P.S. Successor Trustee By:BETHANY WOJTANOWICZ, Director 2001 Western Avenue Suite 400 Seattle, WA 98121 206-269-3490 State of Washington) ) ss. County of King) On this 20 day of September 2019, before me, Veronica Abraham, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Bethany Wojtanowicz, to me known to be an Officer of Weinstein & Riley, P.S., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath states that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. VERONICA ABRAHAM NOTARY PUBLIC in and for the State of Washington at: Pierce County My Appt. Exp.: 01/19/2020 Published: January 3, 24, 2020.EDH886088
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