Re: 3910 North Gove, Tacoma WA
NOTICE OF TRUSTEE’S SALE
Grantor: MWD Construction, LLC
Current beneficiary of the deed of trust: Arizona Instant Funding, LLC
Current trustee of the deed of trust: SWIGART & GILL LAW OFFICES, P.S
Current mortgage servicer of the deed of trust: Arizona Instant Funding, LLC
Reference number of the deed of trust: WA-202108040184
Parcel number(s):461000-006-0
THE SOUTH 5 FEET OF LOT 9 AND ALL OF LOT 10 AND THE NORTH 15 FEET OF LOT 11, BLOCK 1,
HOME PLACE ADDITION TO TACOMA, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF PLATS, PAGE 61, RECORDS OF PIERCE COUNTY, WASHINGTON
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.
APN No: 461000-006-0
3910 North Gove, Tacoma WA 98407
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 17th day of May, 2024, at the hour of 10 am at the 2nd Floor Entry Plaza Outside the County Courthouse, Pierce County Superior Courthouse, 930 Tacoma Avenue South, Tacoma, WA 98402, State of Washington, 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(ies) of Pierce, State of Washington, to-wit:
Which is subject to that certain Deed of Trust dated 3rd, August, 2021 recorded 4th, August, 2021 under Auditor’s File No. 202108040184, records of Pierce County, Washington, from MWD Construction, LLC , as Grantor, to SWIGART & GILL LAW OFFICES, P.S, as Trustee, to secure an obligation in favor of Arizona Instant Funding, LLC, as Beneficiary.
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 made is/are as follows:
Failure to pay when due the following amounts which are now in arrears: $100,168.33 IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $ 295,000.00 together with interest as provided in the note or other instrument secured from the 3rd day of August 2021, 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 the 17th day of May, 2024. The default(s) referred to in paragraph III must be cured by the 6th day of May, 2024 (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 the 6th day of May, 2024 (11 days before the sale date), the default(s) as set forth in paragraph III is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after the ___6th___ day of May, 2024 (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:
3910 N Gove,Tacoma, WA 98407
5214 Fife St, Tacoma, WA 98409
by both first-class and certified mail on the 15th day of February, 2024, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 15th day of February, 2024, 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 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.
[Add Part X to this notice if applicable under RCW 61.24.040(11)]
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;
XI
NOTICE TO GUARANTORS OF
COMMERCIAL LOANS
(a) If you are a guarantor of the obligations secured by the deed of trust on a commercial loan, you 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.
(b) You have 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.
(c) You will have no right to redeem the property after the trustee’s sale.
(d) 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 other deed of trust granted to secure the same debt.
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 resources 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. Website: http://www.homeownership.wa.gov
The United States Department of Housing and Urban Development: Telephone (800) 569-4287.
Website: http://www.hud.gov
The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone (800) 606-4819. Website: http://nwjustice.org/get-legal-help
DATE: February 15, 2024,
Trustee:
Swigart & Gill Law Offices, P.S.
Trustee address:
2519 N Stevens St, Tacoma, WA 98406
Trustee Telephone:
253-939-4556
Trustee Fax:
253-444-9000
Signature/By. Douglas Gill Jr., attorney
IDX-994843
April 19, May 10, 2024