[WSBAPT] Sheriff's Deed

[Tom Oldfield]

Unfortunately, Mr. Winslow is correct with regard to the statute of limitations running with regard to installments. Edmundson v. Bank of America, 194 Wash.App.920.
The typical Due on Sales/Transfer provision only gives the secured party the right to accelerate the debt or impose other conditions upon a sale or transfer. It does not automatically accelerate the debt, so the statute of limitations is not triggered until the lender acts on its rights. You should review the specific language of the document.

Thomas H. Oldfield
OLDFIELD LAW OFFICE
253-414-3510 - Direct
253-229-9983 - Cell

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Wednesday, February 28, 2018 2:51 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Sheriff's Deed

Attached are two pages of research summary on this topic. Part if it was produced by Eric Nelsen, a contributor to this list.
SOL runs as installments in default exceed six years, but only as to each installment.

Given that the loan documents have already been breached, as to the Due on Transfer/sale provisions, by the Sheriff’s deed, there may be an argument that the SOL has run on the Note and DOT in aspects other than the installment payment issue. More research and review of the loan documents would be necessary to determine the validity of that argument. But worth looking into.

The Quiet Title Act has a section on Outlawed Deeds of Trust. 7.28.300

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, February 28, 2018 1:22 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Sheriff's Deed

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.


[cid:image001.jpg at 01D3B0AF.93BD52E0]



From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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