[WSBAPT] Partition Question

[Mike Winslow]

Good on you to persuade a judge to do what the statute should have done,
but does not allow. The process of appointing a referee and conducting an
auction is outlined as follows:

RCW 7.52.270
Sales to be by public auction.
	
All sales of real property made by the referees shall be made by public
auction, to the highest bidder, in the manner required for the sale of
real property on execution. The notice shall state the terms of sale, and
if the property, or any part of it is to be sold, subject to a prior
estate, charge or lien, that shall be stated in the notice.
In addition the referee is supposed to identify all lien creditors
(including lenders) and give notice of the proceedings and sale. Burns up
a lot of money.
I guess a client can pay their money to the attorney and take a chance the
judge will order sale through a realtor. 
 
I have one of these in process right now, but the judge has not ruled yet.
We are also arguing the receivership statute because the cotenant borrowed
against almost all their equity in the property and now their loan is in
foreclosure, with my client about to lose their equity in the property.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it’s confidential. If you are not the
intended recipient, it’s too late to stop reading this message, but you
may not use it for any improper purpose. Huge Disclaimer available upon
request.
 
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Wednesday, April 09, 2014 7:33 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Partition Question
 
Mike --- I've successfully done partitions in which I've moved the Court
to appoint a Trustee to list the home with a broker & advertise the sale
on the MLS --- & obtained what appeared to me to be FMV for its sale.


On 4/8/2014 1:41 PM, Mike Winslow wrote:
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