[WSBAPT] Question about rights of possession after Sheriff's Sale

[Jay Goldstein]

I don't have handy cite but I'd say heir has a right to redeem but purchaser at sheriff's sale has right to evict heir

And heir has to right to possess in the interim before eviction

J

Jay A. Goldstein
[Logo Color 946x243 pixels]
1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

Nothing contained herein should be construed as legal advice.
The purpose of this email is to transmit a message or document.
Should you not be the intended recipient of this email message,
please reply advising of the mistake and then delete this message
from your computer. Should you have any questions,
please call the Sender at 360-352-1970.
No trees were killed in sending this message
(however, a large number of electrons were terribly inconvenienced).

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Scott Hildebrand
Sent: Friday, February 24, 2017 8:28 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBAPT] Question about rights of possession after Sheriff's Sale

Here is one for which I am trying to get an answer quickly:

Client wants to buy real property at an auction- judicial foreclosure.
The owner passed, leaving two heirs. One of the heirs is absent, wants to let it go and is not an issue.
The other heir has moved in and is asserting his rights to redeem after the sale.
My client doesn't want to buy a property in which a third party has occupation rights.

Question:
If my client buys the property at auction, can he evict the heir after getting a deed?
I presume that is the 20 day notice game, tenancy at sufferance.

During the eight month redemption period, does the heir have a right to possess?

Time is of the essence since the auction is slated to happen in an hour or so...

Thanks all,
Scott Hildebrand
Attorney at Law
206-605-8874
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170224/a5c74f00/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 6423 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170224/a5c74f00/image001.jpg>