Loading...
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.