[WSBAPT] Sheriff's Deed

[Jim Doran]

I get what you are saying.  Forget adverse possession.  Thank you.

Jim

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

On Wed, Feb 28, 2018 at 6:42 PM, Doug Owens <dougowens at seattlerelawyer.com>
wrote:

> Dear Jim, I am concerned that the adverse possession only would lie
> against someone who was the owner of the property during the statutory
> period.  The beneficiary of a deed of trust is not the property owner and I
> do not understand that adverse possession can be a basis to divest a deed
> of trust holder of its security interest.  Yours truly, Doug Owens
>
> On Feb 28, 2018, at 4:43 PM, Jim Doran <jim at doranlegal.com> wrote:
>
> Yes.  Thank you.  I am aware of this.  If the note has not been
> accelerated it may be possible that at least some of the installments are
> time barred.  Just a calculation headache.
>
> I am thinking about the adverse possession angle.  Open, notorious, with a
> claim of right....etc.  Paid taxes.  More than ten years.  He hasn't paid
> on the note and he has occupied the premises.  That sounds like legal
> adversity.
>
> Any thoughts?
>
> Jim
>
>
> James R. Doran
> Attorney at Law
> 100 E. Pine Street -  Suite 205
> Bellingham, WA 98225
> (360)393-9506 <(360)%20393-9506>
> jim at doranlegal.com
> www.doranlegal.com
>
> On Wed, Feb 28, 2018 at 2:42 PM, Doug Owens <dougowens at seattlerelawyer.com
> > wrote:
>
>> Dear Jim, RCW 7.28.300 provides some relief but it is very fact
>> dependent.  If the loan was in default eight years ago, and especially if
>> Citi accelerated the loan at that time, then this statute might help.
>> Yours truly, Doug Owens
>>
>> On Feb 28, 2018, at 12:08 PM, Jim Doran <jim at doranlegal.com> wrote:
>>
>> 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 <(360)%20393-9506>
>> jim at doranlegal.com
>> www.doranlegal.com
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