[WSBAPT] Sheriff's Deed

[Paul Neumiller]

Jim, without doing any research and vaguely recalling previous posts asking the same question and noticing then that there was no clear answer, several people cited RCW 4.16.040 for the proposition that the statute of limitations is six years on the underlying obligation as long as no one has been making payments for at least that long.  If this is true, it seems to me that a quiet title action is appropriate.


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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Wednesday, February 28, 2018 12:08 PM
To: Real Property Section <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Sheriff's Deed

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<mailto:jim at doranlegal.com>
www.doranlegal.com<https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.doranlegal.com&data=02%7C01%7C%7Ce920cca2e0a74587c9f808d57ee7b165%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636554455932102254&sdata=TISNMhxOxYufULjug%2Byl%2B4I9hKtG%2FfVEZfEBcnuFWQc%3D&reserved=0>
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