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

[Roger Hawkes]

In the statute’s context, is the ‘record owner’ the Trustee??  Seems weird, but language is language.


Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000
Fax is 206 367 4005

From: Josh Grant [mailto:jgrant at accima.com]
Sent: Wednesday, February 03, 2016 1:43 PM
To: jeff at bellanddavispllc.com; WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] State of Limitations on Non-Judicial Foreclosure of Deedof Trust

I am not sure there is any difference between judicial and non-judicial foreclosures being barred after the statute of limitations runs.  That is what Walcker provides.  Assuming that the commencement of a judicial foreclosure within the statute of limitations stays the running of it, (which seems obvious) I don’t know why the commencement of a nonjudicial foreclosure wouldn’t also stay the statute of limitations?  I don’t think there is any case law on this however.  Interesting  question.  Perhaps it will turn on the definition of “an action” under 7.28.300.  WE know that a lawsuit is “an action”, but is a commencement of a nonjudicial foreclosure “an action”?

RCW 7.28.300
Quieting title against outlawed mortgage or deed of trust.
The record owner of real estate may maintain an action to quiet title against the lien of a mortgage or deed of trust on the real estate where an action to foreclose such mortgage or deed of trust would be barred by the statute of limitations, and, upon proof sufficient to satisfy the court, may have judgment quieting title against such a lien.

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
From: Jeff Davis<mailto:jeff at bellanddavispllc.com>
Sent: Tuesday, February 02, 2016 4:38 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] State of Limitations on Non-Judicial Foreclosure of Deedof 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/>

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