[WSBAPT] Sheriff's Deed

[Jim Doran]

I get it.

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 8:28 PM, <nestor at pplsweb.com> wrote:

> How can it be “adverse” since he is the record owner?
>
>
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.
> wsbarppt.com> *On Behalf Of *Jim Doran
> *Sent:* Wednesday, February 28, 2018 4:44 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Sheriff's Deed
>
>
>
> 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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