Albice v. Dickinson
, Cause No. 85260-03
Although four or five bidders showed up at the original sale date, only two bidders, onebeing Dickinson’s agent, appeared at the February 16 sale.CP at 360, 426.
total reinstatement amount was for $5,126.97, which included $1,733.79 forestimated foreclosure fees and costs. CP at 471. Under the agreement, paymentswere due the 16th of each month, ending January 16, 2007.CP at 472. AlthoughTecca tendered each payment late, Option One accepted each payment, except forthe last. The last payment was sent on February 2, 2007, but was rejected by OptionOne. During a deposition, Premier’s representative, an Option One employee,testified that the last late payment was the only breach of the ForbearanceAgreement. CP at 259. Tecca learned thefinal payment was rejected on February10, 2007, and the payment was refunded on February 16, 2007. Although theForbearance Agreement provided that upon breach, a 10-day written notice wouldbe sent, Tecca never received this notice.CP at 468, 454.The trustee’s sale originally set for September 8, 2006 was continued sixtimes. Each continuance was tied to the payments Tecca made under theForbearance Agreement. The foreclosure sale took place on February 16, 2007. CPat 352-59.Through an agent, the petitioner, Ron Dickinson, successfully bid$130,000 for the property.
Dickinson has purchased about 9 of his 13 properties at nonjudicial