FIRST TECHNOLOGY FEDERAL CREDIT UNION, doing business as FIRST TECH CREDIT UNION v. TIMOTHY STEWART LAWSON; MIA SYLVIA LAWSON; NICHOLAS THOMAS LAWSON; ASSOCIATION OF UNIT OWNERS OF COMUS PLACE; ALL OCCUPANTS; and ALL UNKNOWN HEIRS, PERSONS OR PARTIES UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY SUMMONS – CASE NO. 21CV38340 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH TO: ALL UNKNOWN HEIRS, PERSONS OR PARTIES UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY (collectively, Defendant), the above-named defendant. You are hereby required to appear and defend the complaint filed against you in the above entitled action within thirty (30) days from the date of the last publication of this summons, and in case of your failure to appear and answer, plaintiff for want thereof will apply to the above entitled court for the relief prayed for in its complaint, to-wit: A. FIRST CLAIM FOR RELIEF: 1. For judgment for foreclosure and sale of the Property located at 4654 SW Comus Place, Unit 3-C, Portland, OR 97219 and a declaration of amount owed and secured by plaintiff’s Deed of Trust comprising of the unpaid principal balance of $29,378.17, plus accrued interest in the amount of $2,222.03 through September 7, 2021, plus late charges of $418.57, plus annual reoccurring fee of $50.00, plus interest accruing thereafter at the contract rate of 4.0 percent per annum ($3.22 per diem), from September 8, 2021, until the date said judgment is entered; plus the title search cost of $240.00; together with any additional sums required to be paid by plaintiff during the pendency of this suit for the protection of the Property and the plaintiff’s interest therein; plus plaintiff’s reasonable attorney fees, costs, and disbursements incurred herein; plus interest on the total sum in paragraph 1 at the contract rate of 4.00 percent per annum from the date judgment is entered, until paid in full; 2. That plaintiff’s Deed of Trust, dated June 4, 2007, recorded June 8, 2007, as Recording No. 2007-102756, Records of Multnomah County, Oregon, be declared a first lien upon the Property for the amount of the judgment prayed for herein; 3. For judgment and decree that plaintiff’s Deed of Trust upon the Property be foreclosed, and that the title, claim, interest, or demand of defendants in said Property, and every part thereof, except their statutory rights of redemption, be foreclosed; 4. For judgment and decree that the Property, with all of its appurtenances, rights, privileges, and easements be sold on execution by the Sheriff for Multnomah County, Oregon, after giving notice as required by law; that plaintiff may be and become a purchaser at said sale; that the Sheriff give the purchaser thereof a Certificate of Sale and, unless the Property is redeemed before the expiration of the redemption period, a deed; that said purchaser have immediate possession of the Property, and every part thereof; and that said purchaser be entitled to such remedies as are available at law to secure such position, including a writ of assistance, if defendants or any other parties or persons shall refuse to immediately surrender possession to the purchaser; and 5. That the proceeds of the sale be applied as follows: first, to pay the costs and expenses of said sale; second, to pay the judgment of plaintiff; and third, the surplus, if any, be paid to the Registry of the Court subject to further court order. WARNING: You may get offers from people who tell you they can help you keep your property. You may get offers from people who want to buy your redemption rights or all rights under ORS chapter 18. You should be careful about those offers, as a sale of your rights to a property in foreclosure may include your right to claim any surplus funds arising from the foreclosure sale. Make sure you understand any papers you are asked to sign. If you have any questions, talk to a lawyer or one of the organizations mentioned below before signing. There are government agencies and nonprofit organizations that can give you information about foreclosure and help you decide what to do. For the name and telephone number of an organization near you, please call the statewide telephone contact number at 1 (855) 480-1950. You may also wish to talk to a lawyer. If you need help finding a lawyer, you may call the Oregon State Bar’s Lawyer Referral Service at 503-684-3763 or toll-free in Oregon at 800-452-7636 or you may visit its website at: http://www.osbar.org. Legal assistance may be available if you have a low income and meet federal poverty guidelines. For more information and a directory of legal aid programs, go to http://www.oregonlawhelp.org. NOTICE TO DEFENDANT: READ CAREFULLY!! YOU MUST APPEAR IN THIS CASE OR THE OTHER SIDE WILL WIN AUTOMATICALLY. TO APPEAR YOU MUST FILE WITH THE COURT A LEGAL PAPER CALLED A MOTION OR ANSWER. THE MOTION OR ANSWER (OR REPLY) MUST BE GIVEN TO THE COURT CLERK OR ADMINISTRATOR WITHIN 30 DAYS OF THE DATE OF FIRST PUBLICATION SPECIFIED HEREIN ALONG WITH THE REQUIRED FILING FEE. IT MUST BE IN PROPER FORM AND HAVE PROOF OF SERVICE ON THE PLAINTIFF’S ATTORNEY OR, IF THE PLAINTIFF DOES NOT HAVE AN ATTORNEY, PROOF OF SERVICE UPON THE PLAINTIFF. IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE AN ATTORNEY IMMEDIATELY. IF YOU NEED HELP IN FINDING AN ATTORNEY, YOU MAY CONTACT THE OREGON STATE BAR’S LAWYER REFERRAL SERVICE ONLINE AT WWW.OREGONSTATEBAR.ORG OR BY CALLING AT (503) 684-3763 (IN THE PORTLAND METROPOLITAN AREA) OR TOLL-FREE ELSEWHERE IN OREGON AT (800) 452-7636. This summons is published by order of the Honorable Stephen Bushong, Judge of the above-entitled Court made on the 18th day of November, 2021, directing publication of this summons once each week for four consecutive weeks in a newspaper of general circulation in Multnomah County, Oregon. Date of first publication: November 30, 2021. Date of last publication: December 21, 2021. Michelle M. Bertolino, OSB #912130 Of Attorneys for Plaintiff FARLEIGH WADA WITT 121 SW Morrison, Suite 600 Portland, OR 97204-3136 (503) 228-6044 mbertolino@fwwlaw.com Published Nov. 30, Dec. 7, 14 & 21, 2021. BT223850
ad: 223850
Publication: Miscellaneous
Section: Legals
Start Date: 2021/11/30
End Date: 2021/12/21
Court Number: 21CV38340
Owner: Farleigh Wada Witt
City: PORTLAND
County: Multnomah