[WSBAPT] Sheriff's Deed

Thu Mar 1 10:04:38 PST 2018

All the payments claimed to be owed on the loan that are more than six years old are time barred.
This means that the numbers used by the by the Trustee in the pending foreclosure are most likely wrong. That also means there is a basis to restrain the sale until the correct amount owed, after applying the SOL, is determined.
I would try to determine how many payments are timed barred, to see if it is worth it financially to spend the money to restrain the sale. After you restrain the sale cut a deal to pay the loan balance, in the correct amount.

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

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Thursday, March 01, 2018 9:12 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Sheriff's Deed

Well that's an idea.

But back to the initial question.  If the client wants to keep the property that he got at the Sheriff's Sale, does he have to buy the property at the Trustee's Sale or work out a deal with CitiMortgage?  In other words, if he doesn't do either of those, he will lose the property in the Trustee's Sale, right?  CitiMortgage's DOT and Note are superior to his sheriff's deed, correct?

Jim 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

On Thu, Mar 1, 2018 at 6:04 AM, <nestor at pplsweb.com> wrote:
I wish I had something more for you. However, the question is (and my apologies for not having an answer) how are the payments time barred?  Do you run an amortization schedule and cut off interest and principal going back the S/L period?

Your best bet may be to file a declaratory action under RCW 7.24 to determine how much your client would have to pay the bank.

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 8:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Sheriff's Deed

I get it.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506 <tel:(360)%20393-9506> 
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

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

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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 <tel:(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 <tel:(360)%20393-9506> 
jim at doranlegal.com
www.doranlegal.com <http://www.doranlegal.com/> 
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