[WSBAPT] State of Limitations on Non-Judicial Foreclosure of Deed of Trust

[Jensen Mauseth]

Jeff,

Take a look at Bingham v. Lechner, 111 Wn. App. 118 (2002), holding that the issuance of a Notice of Trustee's Sale (i.e., commencement of a non-judicial foreclosure) tolls the 6-year statute of limitations to enforce the promissory note. But note that the SOL is only tolled for a maximum of 120-days from the initial trustee's sale date, the maximum length of time that the sale can be continued.

Conceptually, this means that only the NOTS needs to be issued prior to the end of the promissory note's SOL in order to toll the SOL. The actual trustee's sale can occur after the original SOL date would have run.

Best regards,
Jensen
.............................................................................................................
Jensen Mauseth
Mauseth Legal, PLLC
jmauseth at mausethlegal.com<mailto:jmauseth at mausethlegal.com>
(p) 425.242.5111
(f)  425.242.5114

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From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Jeff Davis <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>>
Organization: Ball and Davis PLLC.
Reply-To: "jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>" <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>>, WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Tuesday, February 2, 2016 at 4:38 PM
To: "wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] State of Limitations on Non-Judicial Foreclosure of Deed of Trust

PC has less than six months before statute of limitation runs on enforcing promissory note secured by DOT.  Walcker v. Benson and McLaughlin, P.S., 79 Wn. App. 739, 904 P.2d 1176 (1995) bars DOT foreclosures after the SOL runs on the note.  Question is does the non-judicial sale have to occur before the SOL runs or will starting the process, serving Notice of Default and setting sale date before it runs toll the SOL?  If sale must be done before the SOL runs then judicial foreclosure is the route to take at this late date.

Jeff

W. Jeff Davis, Esq.
Attorney at Law
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129


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