[WSBAPT] Sheriff's Deed

[Jim Doran]

Hello Listies:

A client purchased a property at the Sheriff's Sale for condo fees, etc. in
2007.  My client tried many times to reach a deal with the underlying Deed
of Trust and Note holder, CitiMortgage, but was never responded to.  That
was nine and eight years ago.  Two and a half years ago I tried to work out
a deal with CitiMortgage that never came to any fruition.  The lights are
on but no one is home.  The underlying Deed of Trust and Note holder,
CitiMortgage, is now non-judicially foreclosing on the underlying debt.

It is my understanding that the Sheriff's Deed is subordinate to the
original Deed of Trust and Note.  In order to protect his interest, my
client needs to purchase the property at the Trustee's Sale, correct?  Or
make a deal with CitiMortgage before the Trustee's Sale.

However, because my client diligently tried to resolve this many years ago
he wants me to see if the statute of limitations, or any other defense, can
strip the underlying debt held by CitiMortgage away from the property.
 Does adverse possession work?  Laches and estoppel and other equitable
remedies my be useful.  Any other ideas?

If there is a good defense, we would file for a restraining order against
the Trustee Sale.

Thank you in advance.

James Doran

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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