Re: GUERRERO, RUHUYYIH K & ABEL NOTICE OF TRUSTEE'S SALE Pursuant to R. C. W. Chapter 61.24, et seq. and 62A.9A-604(a)(2) et seq. Trustee's Sale No: WA-CMS13014436 Loan No. 7000044892 I NOTICE IS HEREBY GIVEN that the undersigned Trustee, PEAK FORECLOSURE SERVICES OF WASHINGTON, INC., will on February 13,2015, at the hour of 10:00 AM, at THE 2ND FLOOR ENTRY PLAZA OUTSIDE THE COUNTY COURTHOUSE, 930 TACOMA AVENUE SOUTH, TACOMA, WA, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real and personal property (hereafter referred to collectively as the "Property"), situated in the County of PIERCE, State of Washington, to-wit: LOT 4, GREENVIEW ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 1999 UNDER RECORDING NUMBER 9909235003, RECORDS OF PIERCE COUNTY AUDITOR. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. Tax Parcel No: 6023070040, commonly known as 9920 237TH ST COURT E. , GRAHAM, WA. The Property is subject to that certain Deed of Trust dated 10/28/2003, recorded 10/31/2003, under Auditor's/ Recorder's No. 200310311669, records of PIERCE County, Washington, from RUHIYYIH K. GUERRERO AND ABEL GUERRERO, WIFE AND HUSBAND, as Grantor, to LANDSAFE TITLE OF WASHINGTON, as Trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., as Beneficiary, the beneficial interest in which is presently held by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP. 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/are made are as follows: FAILURE TO PAY THE MONTHLY PAYMENT WHICH BECAME DUE ON 1/1/ 2010, AND ALL SUBSEQUENT MONTHLY PAYMENTS, PLUS LATE CHARGES AND OTHER COSTS AND FEES AS SET FORTH. 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 of 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 ACTION NECESSARY TO CURE Nonpayment of Taxes/Assessments Deliver to Trustee written proof that all taxes and assessments against the property are paid current Default under any senior lien Deliver to Trustee written proof that all senior liens are pain current and that no other defaults exist Failure to insure property against hazard Deliver to Trustee written proof that the property is insure against hazard as required by the Deed of Trust Waste Cease and desist from committing waste, repair all damage to property and maintain property as required in Deed of Trust Unauthorized sale of property (Due on sale) Revert title to permitted vestee Failure to pay when due the following amounts which are now in arrears: Delinquent Payments from January 01, 2010 53 payments at $ 938.55 each $ 49,743.15 5 payments at $ 1,382.56 each $ 6,912.80 (01-01-10 through 10-01-14) Late Charges $ 2,297.89 Fees: $ 40.00 Escrow Advances: $ 11,802.90 Paid Recoverable: $ 2,255.00 TRUSTEE EXPENSES Trustee Fee $ 1,000.00 Certified Mailing Cost $ 196.77 Posting Cost $ 195.00 Publication Set-Up $ 99.00 Recording Cost $ 159.00 TSG Guarantee Policy $ 560.00 Amount to reinstate on or before 10/ 01/14 $ 75,261.51 IV The sum owing on the obligation secured by the Deed of Trust is: Principal $142,823.86, 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. The sale will be made without warranty, express or implied regarding title, possession, or encumbrances on February 13, 2015. The defaults) referred to in paragraph III must be cured by February 2, 2015 (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 February 2, 2015, (11 days before the sale date) the defaults) as set forth in paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated at any time after February 2, 2015, (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 addresses: ABEL GUERRERO, 22831 92ND AVE S. APT P102, KENT, WA, 98031 ABEL GUERRERO, 9920 237TH ST COURT E., GRAHAM, WA, 98338 RUHIYYIH K. GUERRERO, 22831 92ND AVE S. APT P102, KENT, WA, 98031 RUHIYYIH K. GUERRERO, 9920 237TH ST COURT E., GRAHAM, WA, 98338 by both first class and certified mail on 08/27/2014, proof of which is in the possession of the Trustee; and on 8/ 27/2014, 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 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 of 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 same 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. 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 OT AN ATTORNEY LICENSED IN WASHINGTON NOW to access your situation and refer you to mediation if you 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 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-HOME (1 -877894-4663) Web site: www.wshfc.org The United States Department of Housing and Urban Development: Telephone: 1-800-569-4287 Web site: www.hud.gov The statewide civil legal aid hotline for assistance and referrals to other housing: Telephone: 1-800-606-4819 Web site: www.ocla.wa.gov 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 proceeding under the Unlawful Detainer Act, Chapter 59.12 RCW. Sale Information Line: 714-730-2727 or We
bsite: http://www.lpsasap.com DATED: 10/1/14 PEAK FORECLOSURE SERVICES OF WASHINGTON, INC., AS TRUSTEE Smith Tower, 26th Floor, 506 Second Ave., Seattle, WA 98104 By: Lilian Solano, Trustee Sale Officer Address for Service of Process: Peak Foreclosure Services of Washington, Inc. 506 Second Ave Ste 2600 Seattle, WA 98104 (206) 682-0822 Address for Account Inquiries: Peak Foreclosure Services, Inc. 5900 Canoga Avenue, Suite 220 Woodland Hills, CA 91367 (818) 591-9237 A-4490042 01/14/2015, 02/04/ 2015