HomeMy Public PortalAbout2023.09.28 1559 McCall Ave Notice of Trustee Sale NOTICE OF TRUSTEE'S SALE
To be sold for cash at a Trustee's Sale on February 13, 2024, 02:00 PM at the North Entrance, Valley
County Courthouse,219 N. Main Street, Cascade, ID 83611,the following described real property situated in Valley
County,State of Idaho("Real Property"):
Lot 9, Block 3, Greystone Village No. 3 according to the official plat in the office of the recorder, Valley County,
Idaho,recorded July 31,2006 as Instrument No.311462 in Book 10 of Plats at page 56.
SUBJECT TO: the Amended and Restated Ground Lease V2 Lease upon the terms, conditions, and covenants
contained therein recorded September 3,2009,as Instrument No. 345083 in Valley County,Idaho.
Commonly known as: 1559 McCall Ave,McCall,ID 83638
Rebecca Baumgartner and Hunter Baumgartner,as Trustors conveyed Real Property via a Trust Deed dated
December 9,2014, in favor of Mortgage Electronic Registration Systems, Inc.,as Beneficiary,as nominee for Idaho
First Bank, its successors and assigns as Beneficiary,in which First American Title Company was named as Trustee.
The Trust Deed was recorded in Valley County, Idaho,on December 10,2014,as Instrument No.388839,of Official
Records.
The Deed of Trust was assigned for value as follows:
Assignee: Flagstar Bank, FSB
Assignment Dated: May 9,2022
Assignment Recorded: May 10,2022
Assignment Recording information:Instrument No.449991
Shelly M. Casares is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of
the Clerk and Recorder of Valley, State of Idaho on September 6, 2023 at Instrument No. 459059, of Official
Records.
The Beneficiary has declared a default in the terms of said Deed of Trust due to Trustor's failure to make
monthly payments beginning March I, 2023, and each month subsequent, which monthly installments would have
been applied on the principal and interest due on said obligation and other charges against the property or loan. By
reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed
immediately due and payable. The total amount due on this obligation is the principal sum of S129,578.91, interest
in the sum of$3,292.69,escrow advances of$524.64,other amounts due and payable in the amount of$687.10, for
a total amount owing of S 134,083.34, plus accruing interest, late charges, and other fees and costs that may be
incurred or advanced.
The Beneficiary anticipates and may disburse such amounts as may he required to preserve and protect the
property and for real property taxes that may become due or delinquent,unless such amounts of taxes are paid by the
Trustors. If such amounts are paid by the Beneficiary,the amounts or taxes will be added to the obligations secured
by the Deed of Trust. Other expenses to he charged against the proceeds of this sale include the Trustee's fees and
attorney's fees,costs and expenses of the sale,and late charges, if any.
Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the
obligation.
The sale is a public sale and any person, including the Beneficiary, may bid at the sale. The bid price must
be paid immediately upon the close of bidding by certified funds (valid money orders, certified checks or cashier's
checks). The conveyance will be made by Trustee's Deed, without any representation or warranty, including
warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the
Pr"e::
sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health
hazards.
Page 1
The Trustors, successor in interest to the Trustors, or any other person having an interest in the property,or
any person named in IRC §45-1506,has the right,at any time prior to the Trustee's Sale, to pay to the Beneficiary,
or the successor in interest to the Beneficiary,the entire amount then due under the Deed of Trust and the obligation
secured thereby(including costs and expenses actually incurred and attorney's fees) other than such portion of the
principal as would not then be due had no default occurred and by curing any other default complained of herein that
is capable of being cured by tendering the performance required under the obligation or to cure the default, by
paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor
Trustee's and attorney's fees. In the event that all defaults are cured the foreclosure will be dismissed and the
foreclosure sale will be canceled.
The scheduled Trustee's Sale may be postponed by public proclamation up to 30 days for any reason.
If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy
shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse.
The above Trustors are named to comply with IRC § 45-1506(4)(a). No representation is made that they
are,or are not,presently responsible for this obligation.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
Dated this 25th day of September,2023.
Shelly M. ares
Substitute Trustee
376 East 400 South,Suite 300
Salt Lake City,UT 84111
Telephone:801-355-2886
Office Hours: Mon.-Fri.,8AM-5PM(MST)
File No. ID21402
Page 2
Instrument # 459093
VALLEY COUNTY.CASCADE,IDAHO
09-06-2023 09:14:27 No.of Pages:3
Recorded for:HALLIDAY,WATKINS&MANN,P.C.
DOUGLAS A.MILLER Fee:$16.09
Ex-Officio Recorder Deputy:RE
AFTER RECORDING RETURN TO: Electronically Recorded by Simplifile
Halliday,Watkins& Mann, P.C.
376 East 400 South, Suite 300
Salt Lake City, LiT841 1]
Fileft 1D21402
NOTICE OF DEFAULT
NOTICE IS HEREBY GIVEN by Shelly M. Casares,Successor Trustee,a member of the
Idaho State Bar,that a default has occurred under a Trust Deed dated December 9,2014,and executed by
Rebecca Baumgartner and Hunter Baumgartner,as Trustors, in favor of Mortgage Electronic Registration
Systems, Inc., as Beneficiary, as nominee for Idaho First Bank, its successors and assigns as Beneficiary,
in which First American Title Company was named as Trustee.The Trust Deed was recorded in Valley
County, Idaho,on December 10,2014,as Instrument No.388839,of Official Records, all relating to and
describing the real property situated in Valley County, Idaho, particularly described as follows:
Lot 9, Block 3,Greystone Village No.3 according to the official plat in the office of the recorder,Valley
County, Idaho,recorded July 31,2006 as Instrument No. 311462 in Book 10 of Plats at page 56.
SUBJECT TO: the Amended and Restated Ground Lease V2 Lease upon the terms,conditions,and
covenants contained therein recorded September 3, 2009, as Instrument No.345083 in Valley County,
Idaho. TAX# LRM05750030090
Purportedly known as 1559 McCall Ave, McCall, ID 83638(the undersigned disclaims liability for any
error in the address).
Said Beneficial interests were assigned to Flagstar Bank, FSB via an Assignment of Deed of
Trust, recorded in Valley County, Idaho, on May 10, 2022, as Instrument No.449991,of Official Records.
The Beneficiary has declared a default in the terms of said Deed of Trust due to Trustor's failure
to make monthly payments beginning March 1,2023,and each month subsequent,which monthly
installments would have been applied on the principal and interest due on said obligation and other
charges against the property or loan. By reason of said default, the Beneficiary has declared all sums
owing on the obligation secured by said Trust Deed immediately due and payable.
The Successor Trustee declares all sums secured thereby immediately due and payable and elects
to sell the property described in the Trust Deed. The default is subject to reinstatement in accordance with
Idaho law All reinstatements, assumptions or payoffs must be in lawful money of the United States of
America,or certified funds. Personal Checks will not be accepted.
Notice is also given that despite any possible reduced payment arrangement agreed to by the
Beneficiary and/or the Beneficiary's agent, hereafter, the Beneficiary,and/or Beneficiary's agent,does not
necessarily intend to instruct the Successor Trustee to deter giving the notice of sale and completing
foreclosure beyond the earliest time legally allowed, unless the Beneficiary specifically agrees otherwise
in writing.
This is an attempt to foreclose a security instrument and any information obtained will be
used for that purpose.
Dated this flay ofcept i,k 1( , 2023.
ettiv464,Y.
Shelly M. asares
Successor Trustee
376 East 400 South, Suite 300
Salt Lake City, UT 84111
Telephone: 801-355-2886
File No. ID21402
STATE OF UTAH )
: ss.
County of Salt Lake )
- /The foregoing instrument was acknowledged before me this. _ 7 ,2023, by Shelly
M. Casares, the Successor Trustee.
MARGARET LEE
tyw Notary Public,State of Utah
Commission#710939 Notary Pt1 c
.S.
; My Commission Expires
March 22,2024
IRC § 45-1505
NOTICE REQUIRED BY IDAHO LAW
Mortgage foreclosure is a legal proceeding where a lender terminates a borrower's
interest in property to satisfy unpaid debt secured by the property. This can mean that
when a homeowner gets behind on his or her mortgage payments,the lender forces a sale
of the home on which the mortgage loan is based. Some individuals or businesses may say
they can "save"your home from foreclosure. You should be cautious about such claims.
It is important that you understand all the terms of a plan to "rescue"you from mortgage
foreclosure and how it will affect you. It may result in your losing valuable equity that
you may have in your home. If possible,you should consult with an attorney or financial
professional to find out what other options you may have. Do not delay seeking advice,
because the longer you wait the fewer options you may have. Under Idaho law,you have
five(5)days to rescind or undo certain contracts or agreements that relate to transferring
interest in property or money in a foreclosure situation. An attorney or financial
professional can tell you more about this option.