[WSBAPT] Foreclosures

[Roger Hawkes]

It ought to turn on the purpose of the loan, like the usury statutes.  I
don’t know of a case one way or the other, however.

 

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

 <http://www.hawkeslawfirm.com> www.hawkeslawfirm.com

206 367 5000

Fax is 206 367 4005

 

From: Jim Doran [mailto:jim at doranlegal.com] 
Sent: Wednesday, July 02, 2014 4:32 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Foreclosures

 

Dear Listmates:

 

The last and first foreclosure that I did with a number of helpful
directions from you all, especially from Jay Goldstein,  and with
publications, was a commercial loan.  That did not require all the
rigmarole required in residential foreclosures, such as the “due
diligence” requirements of RCW 61.24.031.

 

Those due diligence requirements are fairly complex and substantial.   I
have been involved with them from the borrower’s side of things with the
large banks and I know how to use the failure to comply as a defense.  So
I know they are requirements, not discretionary.  My question is if these
“due diligence” requirements apply if the note and deed of trust are
between private persons without a bank involved at all?

 

Thank you in advance for your response. 

 

 

James R. Doran

Attorney at Law

100 E. Pine Street – Suite 205

Bellingham, WA 98225

(360)393-9506

jim at doranlegal.com

www.doranlegal.com

 

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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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