Re: Smith, Todd Q TS No WA08000069-14-1 APN 700185-1130 TO No 8405287 NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. I. NOTICE IS HEREBY GIVEN that on December 19, 2014, 10:00 AM, in the second floor entry plaza outside the County Courthouse, 930 Tacoma Avenue South, Tacoma, WA 98402, 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 Pierce, State of Washington, to-wit: LOT(S) 113 VILLAGE CREST PHASE 2A, ACCORDING TO THE PLAT RECORDED UNDER AUDITOR`S NO 200501115002 IN PIERCE COUNTY WASHINGTON. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. APN: 700185-1130 More commonly known as 308 NELSEN ST NE, ORTING, WA 98360 which is subject to that certain Deed of Trust dated as of February 3, 2009, executed by Todd Q. Smith, an unmarried person as Trustor(s), to secure obligations in favor of Mortgage Electronic Registration Systems, Inc. (“MERS”), as designated nominee for Flagstar Bank, FSB, Beneficiary of the security instrument, its successors and assigns, recorded February 5, 2009 as Instrument No. 200902050503 and that said Deed of Trust was modified by Modification Agreement and recorded January 30, 2014 as Instrument Number 201401300033 and the beneficial interest was assigned to Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP and recorded May 23, 2011 as Instrument Number 201105230433 of official records in the Office of the Recorder of Pierce County, Washington. II. No action commenced by Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP, 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: Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP Contact Phone No: 800669-6650 Address: 7105 Corporate Drive, Plano, TX 75024 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 September 1, 2013 To August 13, 2014 Number of Payments 6 Monthly Payment $1,552.81 5 $1,489.14 1 $1,524.24 Total $18,286.80 LATE CHARGE INFORMATION September 1, 2013 August 13, 2014 12 $48.75 $585.00 PROMISSORY NOTE INFORMATION Note Dated: February 3, 2009 Note Amount: $222,888.00 Interest Paid To: August 1, 2013 Next Due Date: September 1, 2013 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $164,956.24, 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 December 19, 2014. The defaults referred to in Paragraph III must be cured by December 8, 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 December 8, 2014 (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 December 8, 2014 (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, Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP or Trustee to the Borrower and Grantor at the following address(es): ADDRESS UNKNOWN SPOUSE OF TODD Q. SMITH 308 NELSEN ST NE, ORTING, WA 98360 TODD Q. SMITH 308 NELSEN ST NE, ORTING, WA 98360 by both first class and certified mail on February 21, 2014, 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 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) 6064819 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: August 13, 2014 MTC Financial Inc. dba Trustee Corps, as Duly Appointed Successor Trustee By: Jean Greagor, Authorized Signatory MTC Financial Inc. dba Trustee Corps 1700 Seventh Avenue, Suite 2100 Seattle WA 98101 Phone: (800) 409-7530 For Reinstatement/ Pay Off Quotes, contact MTC Financial Inc. DBA Trustee Corps TRUSTEE'S SALE INFORMATION CAN BE OBTAINED ONLINE AT www.insourcelogic.com. Order No. WA14-000216-1, Pub Dates 11/17/ 2014, 12/08/2014