[WSBARP] Foreclosure DOT

[Paul Neumiller]

Craig, check out RCW 61.24.060 and RCW 59.12.030(1).

 

OK, so here’s the problem and it would be great if others can chime in.
RCW 61.24.060 says to use Chapter 59.12 but doesn’t mention Chapter 59.18.
Accordingly, my latest judge in this type of situation said that Chapter
59.18 doesn’t apply.  That means that all of those great provisions in
Chapter 59.18 like hauling the tenant’s junk to the curb and getting
attorney fees don’t apply.  So how do you get someone out of the unit if
all of the provisions about using the sheriff are in chapter 59.18 and not
in Chapter 59.12?  The judge hinted that he might have allowed my client
to haul the tenant’s possessions to the curb IF I had specifically
requested that in my complaint (this was on motion of default because the
debtor/tenant didn’t answer).  Of course, my normal template form
complaint doesn’t cover that type of provision because it is already
provided statutorily.  Unless I hear a better solution, I will need to
change my forms to address the specific situation of an eviction after a
foreclosure.

 

Another though comes to mind (and thinking aloud here), you might try a
technique suggested by some of the other guys on this list serve when you
are trying to evict a “guest” and that is to serve the debtor with a
“Tenancy-at-Will Termination Notice” stating that if the debtor/tenant
remains in the premises past a “reasonable” date, the occupation is deemed
to be controlled by Chapters 59.12. AND 59.18, is a month-to-month
tenancy, and set rent at a certain level.  Once the debtor fails to pay
the rent, serve the tenant with the standard 3 day notice and a 20 day
notice.  That way, even if the tenant pays the rent (but your client
really wants possession instead), the 20 day notice is effective in
terminating the “lease” after the end of the month.

 

-----Original Message-----
From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Craig Liebler
Sent: Thursday, February 27, 2014 11:02 AM
To: WSBA Real Property (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] Foreclosure DOT

 

Deed of Trust is non judicially foreclosed.  Grantor still in possession.
Grantor NOT a tenant….what process is used to evict???  Situation does not
appear to meet forceable or unlawful detainer definitions.?  Craig L.

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Information provided on this list should not be considered legal advice.
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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