[WSBARP] Vacation of premises

[Rob Wilson-Hoss]

Bryce, 6.23.110 says the purchaser has the right to occupancy after sale
under your circumstances. Also look at 6.23.020(1) and .060. The proper
device is a Writ of Assistance; the problem with that is that Sheriff's
Departments and even judges don't have any familiarity with them. You can
find cases and WA PRAC references, though, which should be enough to get
an order that the Sheriff assist the purchaser in gaining possession of
the property. There is an exemption for unexpired leases, though, and if
there is one of these, the purchaser should have thought of that before
bidding....

 

There is no statute that says directly that sometimes there won't be a
redemption period and if that is the case then the purchaser has
possessory rights and the Sheriff has to issue a deed upon confirmation.
But pieces of several statutes add up to that result and it is the only
one that makes sense if redemption has been excluded because it is
abandoned or improved or because the redemption rights have been sold to
the purchaser either in bankruptcy or not.  

 

Each time I address this to a new judge I get a puzzled look but it all
does add up. 

 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

This message is intended solely for the use of the addressee and may
contain information that is privileged, confidential, and exempt from
disclosure under applicable law.  If you are not the addressee, you are
hereby notified that any use, distribution, or copying of this message is
strictly prohibited.  If you received this message in error, please notify
us by reply e-mail or by telephone (call us collect at the number listed
above) and immediately delete this message and any and all of its
attachments.  Thank you.

 

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.
To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. §
1692) applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You
have the right to seek advice of legal counsel.

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Friday, June 27, 2014 4:44 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Vacation of premises

 

I cannot find a statue that deals with how long the judgment debtor may
stay in the property after sheriffs sale where the is no homestead right
and no right of redemption. I was foreclosure of HOA lien. Any reference
would be appreciated

 

This transmission contains confidential attorney-client communications and
may not be disclosed to any person but the intended recipient(s).  If this
matter is transmitted to you in error, please notify the sender
immediately.

To ensure compliance with requirements imposed by the IRS, we hereby
inform you that any U.S. tax advice contained in this communication
(including attachments, if any) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any matter addressed herein.

 

Bryce H. Dille 

Campbell, Dille, Barnett & Smith,  PLLC

P.O. Box 488

Puyallup, WA  98371

Voice:  253.848.3513

Fax: 253.845.4941

bryced at cdb-law.com

 

Business Entity Creation and Management

Business, Government and Tax Law

Real Estate and Land Use, Residential, Commercial and Condominium
Development

Real Estate and Commercial Transactions & Closings, Including Performing
Services as IRS Section 1031 Exchange Facilitator

Estate and Trust Planning & Administration, Including Planning for
Business Succession 

Representation Homeowners/Condominium Association Real Estate Developments

Real Property Foreclosures and Forfeitures

 

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
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. 

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 


- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
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. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 9426 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20140627/95da3575/winmail.dat>