(2019-054 Feb. 20, 27 March 6, 13, 20, 27)
SUPERIOR COURT OF THE STATE OF WASHINGTON, COUNTY OF OKANOGAN
FEDERAL NATIONAL MORTGAGE ASSOCIATION (”FANNIE MAE”)
THE ESTATE OF KEVIN BARRY OWSLEY; THE UNKNOWN HEIRS, DEVISEES AND ASSIGNEES 0F KEVIN BARRY OWSLEY; AILENE A. VALDEZ; AND ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, 0R INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 309 S ANTWINE AVE, TONASKET, WA 98855
Cause No.: 17-2-00508-0
SUMMONS - NOTICE OF EXECUTION - ORDER OF SALE ON REAL PROPERTY
To Unknown Heirs and Devisees of Kevin Barry Owsley (In Rem): An Order of Sale on Real Property, has been issued in the above-caption case, directed to the Sheriff of Okanogan County, commanding the Sheriff as follows:
On December 19, 2018, FEDERAL NATIONAL MORTGAGE ASSOCIATION (”FANNIE MAE”), obtained an In Rem Judgment in the Superior Court of Washington, Okanogan County in Case No. 17-2-00508-0 against IN REM, THERE ARE NO JUDGMENT DEBTORS, and all other Defendants, THE ESTATE OF KEVIN BARRY OWSLEY; THE UNKNOWN HEIRS, DEVISEES AND ASSIGNEES OF KEVIN BARRY OWSLEY; AILENE A. VALDEZ; AND ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTERST IN THE REAL PROPERTY COMMONLY KNOWN AS 309 S ANTWINE AVE, TONASKET, WA 98855; AND ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 309 S Antwine Ave, Tonasket, WA 98855 (”Defendants”) (”Judgment of the Judgment”).
Pursuant to Assignment of Judgment filed in this case, the Judgment Creditor is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE OF CHALET SERIES III TRUST.
The total amount actually due under the money award or declaration of amount due in this matter and detailed in the Judgment is:
1. $96,007.08 is the amount of the judgment; plus
2. $2,745.00 is the amount in the Judgment for attorney’s fees; plus;
3. $1,396.42 is the amount in the Judgment for litigation costs; and
4. $2,492.80 is the current amount for pre and post-judgment interest not included in the amount of the Judgment above but awarded therein. (calculated at the rate of $15.20 per diem from August 11, 2018 through January 21, 2019;
For a total of $102,641.30 through January 21, 2019, plus continuing interest at the above rate through sale; post-judgment Sheriff fees and costs; and post judgment attorneys’ fees and costs incurred through the Motion to Confirm the Sale hearing, which is currently of an unknown amount.
It is ordered, adjudged, and decreed that in satisfaction of said Judgment (or if deficiency was not waived, whole or partial satisfaction of said Judgment) the real property, land, and premises located at 309 S Antwine Ave, Tonasket, WA 98855 and legally described as follows:
REAL PROPERTY IN THE CITY OF TONASKET, COUNTY OF OKANOGAN, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: THE SOUTHERLY 55 FEET OF LOTS I AND 2, BLOCK 7, RIVERVIEW ADDITION TO TONASKET, WASHINGTON, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE AUDITOR OF OKANOGAN COUNTY, WASHINGTON. (”Subject Property”) referred to in the Judgment, be sold at public auction, as particularly set out in said Judgment. If the Subject Property is in the hands of a personal representative, heir, devisee, legatee, tenant, or trustee, you are required to satisfy (or partially satisfy) the judgment out of the Subject Property.
In the name of the State of Washington, you are hereby commanded and required to proceed to notice for sale and to sell the Subject Property and apply the proceeds of said sale as directed in said Judgment and Decree and to make and file your report of such sale with the Clerk of the Court, and do all things according to the terms and requirements of said Judgment and the provisions of Washington Law.
As requested by undersigned counsel for the judgment creditor, this writ shall be automatically extended for an additional thirty (30) days beyond the sixty (60) days mandated by RCW 6.17.120 to facilitate the sale of the Subject Property.
No redemption period applies to the sale of the Subject Property in accordance with RCW 61.12.093 because Plaintiff waived all deficiency rights related to the Subject Property, the Subject Loan is more than six (6) months in default, and the Subject Property has been abandoned by the Borrower and unoccupied for more than six (6) months.
WITNESS my hand and official seal this 24th Day of January, 2019.
Superior Court, Okanogan County
By: /s/ Charleen Groomes
Deputy Clerk Marlenia M. Fitzgerald
By: /s/ Henry A. Rawson
ALDDRIDGE PITE, LLP
By: /s/ SHANNON K. CALT
Tel: (858) 750-7600
Fax: (503) 222-2260 SCALT@ALDDRIDGEPITE.COM
Attorneys for Judgment Creditor by Assignment of Judgment U.S. BANK TRUST NATIONAL ASSOCIATION AS TRUSTEE OF CHALET SERIES III TRUST
The sale date has been set for the 12th day of April, 2019. YOU MAY HAVE A RIGHT TO EXCEMPT PROPERTY from the sale under statutes of this state, including sections 6.13.010, 6.13.030, 6.13.040, 6.15.010, and 6.15.060 of the Revised Code of Washington, in the manner described in those statutes.
Given under my hand this 11th day of February, 2019.
Anthony D. Hawley, Sheriff
By: /s/Beth Barker
Beth Barker, Chief Civil Deputy
Published by Omak Okanogan County Chronicle.