[WSBARP] Judicial foreclosure bid question

[Marcus Fry]

I have a situation where county tax judicial foreclosure is occurring and my client hold a secured position right behind the county tax.  The problem is that the debtor is in default and my client was going to foreclose.  The execution statute (RCW 6.21) provides that "the officer shall strike off the land to the highest bidder, who shall forthwith pay the money bid to the officer, who shall return the money with the execution and the report of proceedings on the execution to the clerk of the court from which the execution issued." What's the mechanism for being able to submit a credit bid in a judicial foreclosure to avoid paying the "money" required under the statute?  Does my client have to get a court order allowing my client to place a credit bid for the amount owed to my client?  If not, what's the mechanism as my client would rather not have to come up with the funds to have to pay himself back.

Thank you,

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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