Illinois Valley News, Cave Junction, Ore. Wednesday, July 21, 2010
Page 8
State suing financial institutions for PERS losses
Oregon is suing Countrywide
Financial Corp. of Delaware and its
underwriters for misleading inves-
tors into buying risky mortgage-
backed securities, said state Treas-
urer Ted Wheeler and Attorney
General John Kroger.
That alleged deceit ultimately
cost Oregon: The Oregon Public
Employee Retirement Fund was
induced to invest $200 million into
home loans originated by Country-
wide, and lost $29 million as a re-
sult of misrepresentations by Coun-
trywide and its financial underwrit-
ers, the lawsuit states.
“Oregon is taking a stand
against predatory lenders and the
financial wreckage they caused for
families and for investors including
Oregonians,” said Wheeler. “With
this lawsuit, we are attempting to
recover losses from lenders that
took advantage of innocent fami-
lies, whose only fault was wanting
to participate in the American
dream and own a home.”
Said Kroger, “Oregon is cur-
rently No. 3 nationwide in foreclo-
sures. This lawsuit will hold the
responsible companies account-
able.”
With the action, Oregon is
partnering with the Iowa Public
Employees’ Retirement System,
which is the lead plaintiff in the
case. Along with the Oregon Public
Employee Retirement System,
other plaintiffs are the General
Board of Pension and Health Bene-
fits of the United Methodist Church
and the Orange County Employ-
ees’ Retirement System.
The lawsuit, filed in federal
court in California, accuses Coun-
trywide of violating securities law
by making statements to investors
that were materially false and mis-
leading because they misrepre-
sented and/or failed to disclose
information crucial to investors’
ability to accurately assess the risks
of their investments.
According to the lawsuit, from
2005 through 2007, Countrywide
was the nation’s largest residential
mortgage lender originating in ex-
cess of $850 billion in home loans
throughout the United States in
2005 and 2006 alone.
The lawsuit alleges that Coun-
trywide’s ability to originate resi-
dential mortgages on such a mas-
sive scale was facilitated, in large
part, by its ability to rapidly pack-
age -- or “securitize” -- those loans
and then, through the activities of
the underwriter defendants, sell
them to investors as purportedly
investment grade mortgage-backed
securities.
The suit says that Countrywide
provided documents that falsely
claimed that all the mortgage loans
held in the investment fund met
accepted underwriting standards
for evaluating prospective buyers’
credit history and ability to repay
LEGAL NOTICE
LEGAL NOTICE
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF JOSEPHINE
In the Matter of the Estate of:
NEALE EUGENE SHUMAKER,
Deceased.
Case No. 10P0170
NOTICE TO INTERESTED
PERSONS
Notice is hereby given that the undersigned has been appointed and
has qualified as the Personal Representative of the estate. All persons
having claims against the estate are hereby required to present their
claims, with proper vouchers, within four months after the date of first pub-
lication of this notice, as stated below, to the Personal Representative at
P.O. Box 234, Cave Junction, OR 97523 or the claims may be barred.
All persons whose rights may be affected by the proceedings in this
estate may obtain additional information from the records of the court, the
Personal Representative, or the attorney for the Personal Representative.
Dated and first published July 7, 2010.
Judith Ann Shumaker Adams
c/o P.O. Box 234
Cave Junction, OR 97523
Mansfield R. Cleary
Attorney for the Estate
P.O. Box 234
Cave Junction, OR 97523
Publish & Affd.:
the loan when in fact they did not.
Countrywide also falsely
claimed that its appraisals met ac-
ceptable standards designed to in-
sure that the value of the property
was adequate collateral for the
mortgage, the lawsuit says.
Countrywide Financial Corp. is
incorporated in Delaware, but is
based in California. The lawsuit
also names underwriters Banc of
American Securities LLC, Bear &
Stearns Co. Inc., BNP Paribas Secu-
rities Corp., Citigroup Global Mar-
kets Inc., Deutsche Bank Securities
Inc., Goldman Sachs & Co., Green-
wich Capital Markets Inc., J.P.
Morgan Securities Inc., Merrill
Lynch Pierce Fenner & Smith Inc.,
Morgan Stanley & Co. Inc. Bar-
clays Capital Inc., Credit Suisse
Securities (USA) LLC, UBS Secu-
rities LLC, Countrywide Securities
Corp., HSBC Securities (USA) Inc.,
Edward D. Jones & Co. L.P., and
Countrywide Capital Markets.
July 7, July 14, July 21, July 28, 2010
SUPERIOR COURT OF WASHINGTON
FOR GRAYS HARBOR COUNTY
JUVENILE DIVISION
In re the Welfare of
CAMELLIA J BAINTER
D.O.B. 03-17-2005
Minor Child.
)
)
)
)
No. 10-7-00297-3
NOTICE AND SUMMONS
BY PUBLICATION
(Termination)
TO: THOMAS PAUL CARLSON or ANYONE CLAIMING TO BE THE FATHER
A Petition to Terminate Parental Rights was filed on June 9, 2010: A Fact
Finding hearing will be held on this matter on: WEDNESDAY, AUGUST 4,
2010 AT 10:00 a.m. at the Juvenile Court located at 103 Hagara Street,
Aberdeen, WA 98520. YOU SHOULD BE PRESENT AT THIS HEARING.
THE HEARING WILL DETERMINE IF YOUR PARENTAL RIGHTS TO
YOUR CHILD ARE TERMINATED. IF YOU DO NOT APPEAR AT THE
HEARING THE COURT MAY ENTER AN ORDER IN YOUR ABSENCE
TERMINATING YOUR PARENTAL RIGHTS.
To request a copy of the Notice, Summons, and Termination Petition, call
DSHS at 360-537-4300. To view information about your rights in this pro-
ceeding, go to: www.atg.wa.gov/TRM.aspx.
Dated this 15th day of June, 2010 by, CHERYL BROWN, Grays Harbor
County Clerk.
Publish & Affd:
July 7, July 14, July 21, 2010
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contents sold by
sealed bid to the
highest bidder. Sale
will take place at
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OR 97531 on Satur-
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at 10 a.m.
Publish:
7/21 & 7/28/2010
MEETING
NOTICE
KERBY WATER
DISTRICT
Monthly
Business Meeting
Wednesday
July 21, 2010
6 p.m.
RCC Belt Building
In Kerby
OPEN TO THE
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Sat 10 a.m. Women
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LEGAL NOTICE
TRUSTEE’S NOTICE OF SALE T.S. No.: OR-09-
268833-SH Reference is made to that certain
deed made by Jeffrey A Lockyer Sherry R
Lockyer, husband and wife as tenants by the en-
tirety as Grantor to First American Title Insurance
Company, as Trustee, in favor of Mortgage Elec-
tronic Registration Systems, Inc., as nominee for
Homecomings Financial, LLC (F/K/A Homecom-
ings Financial Network, Inc.), as Beneficiary, dated
8/22/2007, recorded 08/23/2007, in official records
of Josephine County, Oregon, in book/reel/volume
No. xxx, at page No. xxx fee/file/instrument/
microfile/reception No. 2007-016617 covering the
following described real property situated in said
County and State, to wit: APN: R308997 Please
See Attached Exhibit "A" Real property in the
County of Josephine, State of Oregon, described
as follows: A parcel of land in the Southwest Quar-
ter of the Northwest Quarter of Section 15, Town-
ship 36 South, Range 5 West of the Willamette
Meridian, Josephine County Oregon, described as
follows: Commencing at the Southeast Corner of
said Southwest Quarter of the Northwest Quarter;
thence along the South line of said Southwest
Quarter of the Northwest Quarter South 89º27'03"
West 20.00 feet to an iron rod on the West right of
way line of Jones Creek Road; thence along said
right of way line North 0º34'40" West 710.00 feet;
thence around a 15.00 foot radius curve to the
right, the long chord of which bears South
44º26'11" West 21.21 feet to an iron rod on the
North right of way line of Richland Drive; thence
along said North right of way line, South 89º27'03"
West 185.00 feet to an iron rod being the true
point of beginning; thence continue along said
North right of way line South 89º27'03" West
170.00 feet; thence North 0º34'40" West 260.00
feet; thence North 89º27'03" East 170.00 feet;
thence South 0º34'40" East 260.00 feet more or
less, to the point of beginning. Note: This legal
description was created prior to January 1, 2008.
Tax Parcel Number: R308997 Commonly known
as: 100 Richland Drive Grants Pass, OR 97526
Both the beneficiary and the trustee have elected
to sell the said real property to satisfy the obliga-
tions secured by said trust deed and notice has
been recorded pursuant to Section 86.735 (3) of
Oregon Revised Statutes; the default for which the
foreclosure is made is the grantor’s: The install-
ments of principal and interest which became due
on 1/1/2009, and all subsequent installments of
principal and interest through the date of this No-
tice, plus amounts that are due for late charges,
delinquent property taxes, insurance premiums,
advances made on senior liens, taxes and/or in-
surance, trustee’s fees, and any attorney fees and
court costs arising from or associated with the
beneficiaries efforts to protect and preserve its
security, all of which must be paid as a condition
of reinstatement, including all sums that shall ac-
crue through reinstatement or pay-off. Nothing in
this notice shall be construed as a waiver of any
fees owing to the Beneficiary under the Deed of
Trust pursuant to the terms of the loan documents.
Monthly Payment $1,774.29 Monthly Late Charge
$88.71 By this reason of said default the benefici-
ary has declared all obligations secured by said
trust deed immediately due and payable, said
sums being the following, to wit: The sum of
$236,981.79 together with interest thereon at the
rate of 7.2500 per annum from 12/1/2008 until
paid; plus all accrued late charges thereon; and all
trustee’s fees, foreclosure costs and any sums
advanced by the beneficiary pursuant to the terms
of said deed of trust. Whereof, notice hereby is
given that, First American Title Insurance Com-
pany, the undersigned trustee will, on 10/28/2010,
at the hour of 01:00 PM, Standard of Time, as
established by section 187.110, Oregon Revised
Statutes, at At the front door to the Josephine
County Courthouse, 500 NW 6th Street Grants
Pass, OR County of Josephine, State of Oregon,
sell at public auction to the highest bidder for cash
the interest in the said described real property
which the grantor had or had power to convey at
the time of execution by him of the said trust deed,
together with any interest which the grantor or his
successors in interest acquired after the execution
of said trust deed, to satisfy the foregoing obliga-
tions thereby secured and the costs and expenses
of sale, including a reasonable charge by the trus-
tee. Notice is further given that any person named
in section 86.753 of Oregon Revised Statutes has
the right to have the foreclosure proceeding dis-
missed and the trust deed reinstated by payment
to the beneficiary of the entire amount then due
(other than such portion of said principal as would
not then be due had no default occurred), together
with the costs, trustee’s and attorney’s fees and
curing any other default complained of in the No-
tice of Default by tendering the performance re-
quired under the obligation or trust deed, at any
time prior to five days before the date last set for
sale. For Sale Information Call: 714-573-1965 or
Login to www.priorityposting.com. In construing
this notice, the masculine gender includes the
feminine and the neuter, the singular includes
plural, the word “grantor” includes any successor
in interest to the grantor as well as any other per-
sons owing an obligation, the performance of
which is secured by said trust deed, the words
“trustee” and “beneficiary” include their respective
successors in interest, if any. Pursuant to Oregon
Law, this sale will not be deemed final until the
Trustee’s deed has been issued by First American
Title Insurance Company. If there are any irregu-
larities discovered within 10 days of the date of
this sale, that the trustee will rescind the sale, re-
turn the buyer’s money and take further action as
necessary. 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 Trustee, and the successful bidder
shall have no further recourse. If the sale is set
aside for any reason, the Purchaser at the sale
shall be entitled only to a return of the deposit
paid. The Purchaser shall have no further re-
course against the Mortgagor, the Mortgagee, or
the Mortgagee’s Attorney. NOTICE TO RESIDEN-
TIAL TENANTS The property in which you are
living is in foreclosure. A foreclosure sale is sched-
uled for 10/28/2010. Unless the lender who is
foreclosing on this property is paid, the foreclosure
will go through and someone new will own this
property. The following information applies to you
only if you occupy and rent this property as a resi-
dential dwelling under a legitimate rental agree-
ment. The information does not apply to you if you
own this property or if you are not a residential
tenant. If the foreclosure goes through, the busi-
ness or individual who buys this property at the
foreclosure sale has the right to require you to
move out. The buyer must first give you an evic-
tion notice in writing that specifies the date by
which you must move out. The buyer may not give
you this notice until after the foreclosure sale hap-
pens. If you do not leave before the move-out
date, the buyer can have the sheriff remove you
from the property after a court hearing. You will
receive notice of the court hearing. FEDERAL
LAW REQUIRES YOU TO BE NOTIFIED IF YOU
ARE OCCUPYING AND RENTING THIS PROP-
ERTY AS A RESIDENTIAL DWELLING UNDER A
LEGITIMATE RENTAL AGREEMENT, FEDERAL
LAW REQUIRES THE BUYER TO GIVE YOU A
NOTICE IN WRITING A CERTAIN NUMBER OF
DAYS BEFORE THE BUYER CAN REQUIRE
YOU TO MOVE OUT. THE FEDERAL LAW THAT
REQUIRES THE BUYER TO GIVE YOU THIS
NOTICE IS EFFECTIVE UNTIL DECEMBER 31,
2012. Under federal law, the buyer must give you
at least 90 days' notice in writing before requiring
you to move out. If you are renting this property
under a fixed-term lease (for example, a six-month
or one-year lease), you may stay until the end of
your lease term. If the buyer wants to move in and
use this property as the buyer's primary residence,
the buyer can give you written notice and require
you to move out after 90 days, even if you have a
fixed-term lease with more than 90 days left.
STATE LAW NOTIFICATION REQUIREMENTS IF
THE FEDERAL LAW DOES NOT APPLY, STATE
LAW STILL REQUIRES THE BUYER TO GIVE
YOU NOTICE IN WRITING BEFORE REQUIR-
ING YOU TO MOVE OUT IF YOU ARE OCCUPY-
ING AND RENTING THE PROPERTY AS A TEN-
ANT IN GOOD FAITH. EVEN IF THE FEDERAL
LAW REQUIREMENT IS NO LONGER EFFEC-
TIVE AFTER DECEMBER 31, 2012, THE RE-
QUIREMENT UNDER STATE LAW STILL AP-
PLIES TO YOUR SITUATION. Under state law, if
you have a fixed-term lease (for example, a six-
month or one-year lease), the buyer must give you
at least 60 days' notice in writing before requiring
you to move out. If the buyer wants to move in and
use this property as the buyer's primary residence,
the buyer can give you written notice and require
you to move out after 30 days, even if you have a
fixed term lease with more than 30 days left. If you
are renting under a month-to-month or week-to-
week rental agreement, the buyer must give you
at least 30 days' notice in writing before requiring
you to move out. IMPORTANT: For the buyer to be
required to give you a notice under state law, you
must prove to the business or individual who is
handling the foreclosure sale that you are occupy-
ing and renting this property as a residential dwell-
ing under a legitimate rental agreement. The
name and address of the business or individual
who is handling the foreclosure sale is shown on
this notice under the heading "TRUSTEE". You
must mail or deliver your proof not later than
9/28/2010 (30 days before the date first set for the
foreclosure sale). Your proof must be in writing
and should be a copy of your rental agreement or
lease. If you do not have a written rental agree-
ment or lease, you can provide other proof, such
as receipts for rent paid. ABOUT YOUR SECU-
RITY DEPOSIT Under state law, you may apply
your security deposit and any rent you paid in ad-
vance against the current rent you owe your land-
lord. To do this, you must notify your landlord in
writing that you want to subtract the amount of
your security deposit or prepaid rent from your
rent payment. You may do this only for the rent
you owe your current landlord. If you do this, you
must do so before the foreclosure sale. The busi-
ness or individual who buys this property at the
foreclosure sale is not responsible to you for any
deposit or prepaid rent you paid to your landlord.
ABOUT YOUR TENANCY AFTER THE FORE-
CLOSURE SALE The business or individual who
buys this property at the foreclosure sale may be
willing to allow you to stay as a tenant instead of
requiring you to move out. You should contact the
buyer to discuss that possibility if you would like to
stay. Under state law, if the buyer accepts rent
from you, signs a new residential rental agreement
with you or does not notify you in writing within 30
days after the date of the foreclosure sale that you
must move out, the buyer becomes your new
landlord and must maintain the property. Other-
wise, the buyer is not your landlord and is not re-
sponsible for maintaining the property on your
behalf and you must move out by the date the
buyer specifies in a notice to you. YOU SHOULD
CONTINUE TO PAY RENT TO YOUR LAND-
LORD UNTIL THE PROPERTY IS SOLD TO AN-
OTHER BUSINESS OR INDIVIDUAL OR UNTIL A
COURT OR A LENDER TELLS YOU OTHER-
WISE. IF YOU DO NOT PAY RENT, YOU CAN BE
EVICTED. AS EXPLAINED ABOVE, YOU MAY BE
ABLE TO APPLY A DEPOSIT OR RENT YOU
PREPAID AGAINST YOUR CURRENT RENT
OBLIGATION. BE SURE TO KEEP PROOF OF
ANY PAYMENTS YOU MAKE AND OF ANY NO-
TICE YOU GIVE OR RECEIVE CONCERNING
THE APPLICATION OF YOUR DEPOSIT OR
PREPAID RENT. IT IS UNLAWFUL FOR ANY
PERSON TO TRY TO FORCE YOU TO LEAVE
YOUR HOME WITHOUT FIRST GOING TO
COURT TO EVICT YOU. FOR MORE INFORMA-
TION ABOUT YOUR RIGHTS, YOU MAY WISH
TO CONSULT A LAWYER. If you believe you
need legal assistance, contact the Oregon State
Bar and ask for the lawyer referral service. Con-
tact information for the Oregon State Bar is in-
cluded with this notice. If you do not have enough
money to pay a lawyer or are otherwise eligible,
you may be able to receive legal assistance for
free. Information about whom to contact for free
legal assistance is included with this notice. Ore-
gon State Bar (503) 684-3763; (800) 452-7636
Legal assistance: www.lawhelp.org/or/index.cfm
Dated: 6/21/2010 First American Title Insurance
Company, as Trustee 3 First American Way Santa
Ana, CA 92707 Signature By: Brooke Frank, As-
sistant Secretary Quality Loan Service Corp. of
Washington, as agent for First American Title In-
surance Company 2141 5th Avenue San Diego,
CA 92101 619-645-7711 For Non-Sale Informa-
tion: Quality Loan Service Corp. of Washington
2141 5th Avenue San Diego, CA 92101 619-645-
7711 Fax: 619-645-7716 If you have previously
been discharged through bankruptcy, you may
have been released of personal liability for this
loan in which case this letter is intended to exer-
cise the note holder’s rights against the real prop-
erty only. This Office is attempting to collect a debt
and any information obtained will be used for that
purpose. As required by law, you are hereby noti-
fied that a negative credit report reflecting on your
credit record may be submitted to a credit report
agency if you fail to fulfill the terms of your credit
obligations. P716198
Publish & Affd.:
6/30, 7/7, 7/14, 7/21/10