The Wahkiakum County Eagle - Established as The Skamokawa Eagle in 1891

The Wahkiakum County Eagle Classifieds

August 22, 2019


No. 19-85 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR WAHKIAKUM COUNTY FRED HERBERT CANTRELL, JR. and ) SHERIFF'S PUBLIC NOTICE KATHLEEN MARIE CANTRELL, husband ) OF SALE OF REAL PROPERTY and wife, ) ) Cause No .: 16 2 00015 0 Plaintiffs, ) ) v. ) Judgment Rendered: 03/20/2017 ) SAMUEL VALDEZ and VALERIE JEAN ) Writ of Execution Issued: 12/12/2018 VALDEZ, brother and sister, ) ) Date of Levy: 09/06/2019 ) Defendants. ) ) ) ) __________________________________________ TO: SAMUEL VALDEZ AND VALERIE JEAN VALDEZ, brother and sister; STATE OF WASHINGTON; OCCUPANTS OF THE PREMISES The Superior Court of Wahkiakum County has directed the undersigned Sheriff of Wahkiakum County to sell the right, title, and interest of the Judgment Debtors in the property described to satisfy a judgment in the above-entitled action. The property to be sold is described as follows: Assessor’s Tax Parcel #18090742005 That portion of Government Lot Five (5), in Section Eighteeh (18), Township Nine (9) North, Range Seven (7) West of the Willamette Meridian; being that portion thereof described in deeds filed for record July 25, 1908, under Auditor’s File No. C97, in Volume “L” of Deeds, page 37, and filed for record November 11, 1907, in Volume “K” of Deeds, page 446, records of Wahkiakum County, Washington; EXCEPTING THEREFROM that portion conveyed to Robert T. Heaton by deed filed for record June 25, 1971, under Auditor’s File No. 25948, in Volume 29 of Deeds, page 656, records of Wahkiakum County, Washington. Situate in the County of Wahkiakum, State of Washington. The sale of the above-described property is to take place: TIME: 10:00 am. DATE: September 6th, 2019 PLACE: 64 MAIN ST., COURT HOUSE STEPS, CATHLAMET, WASHINGTON The Judgment Debtors can avoid the sale by paying the judgment amount of $2,995,635.20 plus interest, costs, and fees before the sale date. For the exact amount, please contact the Chief Civil Deputy, Joannie Kuhlmeyer at the address listed below: Wahkiakum County Sheriff's Office Mark C. Howie, Sheriff P. O Box 65, Cathlamet, WA 98612 360-795-3242 #7 Wahkiakum County AS REQUIRED BY RCW 6.17.130. COPIES OF THE FOLLOWING STATUTES ARE HEREBY SERVED OR MAILED UPON THE JUDGMENT DEBTOR(S)’ REAL PROPERTY RCW 6.13.010 Homestead, what constitutes -- “Owner,” “net value” defined. (1) The homestead consists of real or personal property that the owner uses as a residence. In the case of a dwelling house or mobile home, the homestead consists of the dwelling house or the mobile home in which the owner resides or intends to reside, with appurtenant buildings, and the land on which the same are situated and by which the same are surrounded, or improved or unimproved land owned with the intention of placing a house or mobile home thereon. A mobile home may be exempted under this chapter whether or not it is permanently affixed to the underlying land and whether or not the mobile home is placed upon a lot owned by the mobile home owner. Property included in the homestead must be actually intended or used as the principal home for the owner. (2) As used in this chapter, the term “owner” includes but is not limited to a purchaser under a deed of trust, mortgage, or real estate contract. (3) As used in this chapter, the term “net value” means market value less all liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon. [1999 c 403 § 1; 1987 c 442 § 201; 1981 c 329 § 7; 1945 c 196 § 1; 1931 c 88 § 1; 1927 c 193 § 1; 1895 c 64 § 1; Rem. Supp. 1945 § 528. Formerly RCW 612.010.] Notes:  Severability -- 1981 c 329; See note following RCW 6.21.020. RCW 6.13.030 Homestead exemption limited. A homestead may consist of lands, as described in RCW 6.13.010, regardless of area, but the homestead exemption amount shall not exceed the lesser of (1) the total net value of the lands, manufactured homes, mobile home, improvements, and other personal property, as described in RCW 613.010, or (2) the sum of one hundred twenty-five thousand dollars in the case of lands, manufactured homes, mobile home, and improvements, or the sum of fifteen thousand dollars in the case of other personal property described in RCW 6.13.010, except where the homestead is subject to execution, attachment, or seizure by or under any legal process whatever to satisfy a judgment in favor of any state for failure to pay that state’s income tax on benefits received while a resident of the state of Washington from a pension or other retirement plan, in which event there shall be no dollar limit on the value of the exemption. [2007 c 429 § 1; 1999 c 403 § 4; 1993 c 200 § 2; 1991 c 123 § 2; 1987 c 442 § 203; 1983 1st ex.s. c 45 § 4; 1981 c 329 § 10; 1977 ex.s. c 98 § 3; 1971 ex.s. c 12 § 1; 1955 c 29 § 1; 1945 c 196 § 3; 1895 c 64 § 24; Rem. Supp. 1945 § 552. Formerly RCW 6.12.050.] Notes:  Purpose -- 1991 c 123: “The legislature recognizes that retired persons generally are financially dependent on fixed pension or retirement benefits and passive income from investment property. Because of this dependency, retired persons are more vulnerable than others to inflation and depletion of their assets. It is the purpose of this act to increase the protection of income of retired persons residing in the state of Washington from collection of income taxes imposed by other states.” [1991 c 123 § 1.]  Severability -- 1981 c 329: See note following RCW 6.21.020.  Severability -- 1971 ex.s. c 12: “If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected.” [1971 ex.s. c 12 § 5.] RCW 6.13.040 Automatic homestead exemption -- Conditions -- Declaration of homestead -- Declaration of abandonment. (1) Property described in RCW 6.13.010 constitutes a homestead and is automatically protected by the exemption described in RCW 6.13.070 from and after the time the real or personal property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not yet occupied as a homestead, from and after the declaration or declarations required by the following subsections are filed for record or, if the homestead is a mobile home not yet occupied as a homestead and located on land not owned by the owner of the mobile home, from and after delivery of a declaration as described in RCW 6.15.060(3)(c) or, if the homestead is any other personal property, from and after the delivery of a declaration as prescribed in RCW 6.15.060(3)(d). (2) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recording officer in the county in which the land is located. However, if the owner also owns another parcel of property on which the owner presently resides or in which the owner claims a homestead, the owner must also execute a declaration of abandonment of homestead on that other property and file the same for record with the recording officer in the county in which the land is located. (3) the declaration of homestead must contain: (a) A statement that the person making it is residing on the premises or intends to reside thereon and claims them as a homestead; (b) A legal description of the premises; and (c) An estimate of their actual cash value. (4) The declaration of abandonment must contain: (a) A statement that premises occupied as a residence or claimed as a homestead no longer constitute the owner’s homestead; (b) A legal description of the premises; and (c) A statement of the date of abandonment. (5) The declaration of homestead and declaration of abandoment of homestead must be acknowledged in the same manner as a grant of real property is acknowledged. [1993 c 200 § 3; 1987 c 442 § 204; 1981 c 329 § 9. Formerly RCW 6.12.045.] Notes:  Severability -- 1981 c 329: See note following RCW 6.21.020. Publish August 1, 8, 15 & 22, 2019

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