NOTICE OF INTENT TO FORFEIT
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.30
TO: Mary C. Arnold
3715 Whiteman Rd SW
Longbranch, WA 98351
YOU ARE HEREBY NOTIFIED that the Real Estate Contract described below is in default and you are provided the following information with respect thereto:
A. The name, address and telephone number of the Seller and the Seller’s attorney giving this Notice is:
Seller:
Laura C. Lundin
Address:
10303 46th SE, Olympia, WA 98513
Attorney:
Law Office of Sarah Cuellar, PLLC
Address:
P.O. Box 904, Republic, WA 99166
Telephone Number:
509-207-9162
B. Description of the Contract in default is as follows:
That certain Real Estate Contract dated January 3, 1980 and executed by Laura C. Lundin, a married person, as Seller, and Mary C. Arnold, an unmarried person, as Purchaser, said Contract being recorded with the Pierce County Auditor under file number 2968692, for the sale and purchase of the above-described real estate. Real Estate Excise Tax paid on this sale or stamped exempt on January 8, 1980, Receipt No 513516; and that certain Amended Real Estate Contract dated August 24, 1999, between JAMES C. HARRISON and FRANCES C. HARRISON, husband and wife, as Seller, and MARY C. ARNOLD, an unmarried person, as Purchaser, recorded with the Pierce County Auditor under file number 9908250387, for the sale and purchase of the above-described real estate. Real Estate Excise Tax paid on this sale or stamped exempt on August 25, 1999, Receipt No 513516.
C. Legal description of the property is as follows: The Northwest quarter of the Southwest quarter of the Northeast quarter of Section 15, Township 20 North, Range 1 West of the W.M., Pierce County, Washington EXCEPT therefrom a strip of land 40 feet in width along the West side of said tract AND EXCEPT the South 20 feet conveyed to Pierce County, under Auditor’s File No. 817809 Situate in the County of Pierce, State of Washington.
D. The description of each default under the Contract upon which this Notice is based is as follows:
1. Failure to pay the following past due items, the amounts and an itemization for which are given in Paragraph G. and H. below: Unpaid principal and delinquent taxes totaling $27,481.21.
E. Failure to cure all the defaults listed above and in Paragraph G. and H. below on or before August 26, 2024 will result in forfeiture of the Contract. F. Forfeiture of the Contract will result in the following:
1. All right, title and interest in the property of the Purchaser and of all persons claiming through the Purchaser given this Notice shall be terminated;
2. The Purchasers’ rights under the Contract shall be canceled;
3. All sums previously paid under the Contract shall belong to and be retained by the Seller or other persons to whom paid and entitled thereto;
4. All improvements made to and unharvested crops on the property shall belong to the Seller; and
5. The Purchaser and all persons claiming through the Purchaser given this Notice shall be required to surrender possession of the property, improvements, and unharvested crops to the Seller ten (10) days after recording of the Declaration of Forfeiture.
G. The following is a statement of payments of money in default (or where indicated, an estimate thereof), and for any defaults not involving the failure to pay money, the actions required to cure the default:
1. Monetary Delinquencies:
Item Unpaid Principle due and owing as of 5/10/24
$26,011.00
DelinquentTaxes $1,470.21
TOTAL: $27,481.21
2. Action(s) required to cure any non-monetary default: None
H. The following is a statement of other payments, charges, fees and costs to cure the default:
1. Recording (estimate)
308.50
2. Attorney Fees (estimate)
1,000.00
3. Mail Fees (estimate)
12.00
TOTAL: $ 1,320.50
The total necessary to cure the default is the sum of $28,801.71 plus the amount of any payments, and interest on taxes which fall due after the date of this Notice of Intent to Forfeit and on or prior to the date of the default is cured. Moneys required to cure the default may be tendered as follows:
Law Office of
Sarah N. Cuellar, PLLC
665 S. Clark Ave, Unit 2
P.O. Box 904
Republic, WA 99166
I. The Purchaser or any person claiming through the Purchaser has the right to contest the forfeiture or to seek an extension of time to cure the default, or both, by commencing a Court action prior to recording of the Declaration of Forfeiture.
NO EXTENSION IS AVAILABLE FOR DEFAULTS WHICH ARE A FAILURE TO PAY MONEY.
J. The person to whom this notice is given may have the right to request a Court to order a public sale of the property; such public sale will be ordered only if the Court finds that the fair market value of the property substantially exceeds the debt owed under the Contract and any other liens having priority over the Seller’s interest in the property. The excess, if any, of the highest bid at the sale over the debt owed under the Contract will be applied to the liens eliminated by the Sale and the balance, if any, paid to the Purchaser. The Court will require the person who requests the sale to deposit the anticipated sale costs with the Clerk of the Court; and any action to obtain an order for public sale must be commenced by filing and serving the summons and complaint before the Declaration of Forfeiture is recorded.
K. The Seller is not required to give any person any other notice of default before the Declaration which completes the forfeiture is given.
EARLIER NOTICE SUPERSEDED: This Notice of Intent to Forfeit supersedes any Notice of Intent to Forfeit which was previously given under this Contract and which deals with the same defaults.
DATED this 13th day of May, 2024.
Law office of Sarah Cuellar, PLLC
/s/ Sarah Cuellar
Sarah N. Cuellar, WSBA # 46591
Attorney for Seller
IDX-996418
May 20, 28, 2024
