[WSBARP] Sheriff's deed question

[Tom J. Westbrook]

Hi Paul,

 

Since RCW 6.21.110 provides in pertinent part: “The judgment creditor or
successful purchaser at the sheriff's sale is entitled to an order
confirming the sale at any time after twenty days have elapsed from the
mailing of the notice of the filing of the sheriff's return, on motion
with notice given to all parties…” and that is what sets up the sheriff’s
deed, seems pretty clear the debtor can’t force the issue as the debtor
doesn’t have any rights under that statute to confirm the sale and didn’t
redeem timely, so no rights left. But, pretty sure the DOT holder can wipe
out the judgment creditor with a non-judicial foreclosure unless the
judgment creditor has the money to pay off the DOT holder. Unless there is
some strange case law I am unfamiliar with that says otherwise, I don’t
think the judgment creditor is in any driver’s seat for anything. 

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

Thomas J. Westbrook, PLLC

PO Box 1

Littlerock, WA 98556

 

Olympia Office:

Evergreen Plaza Building

711 Capitol Way S.

Suite 101

Olympia, WA 98501

 

Telephone: 360-357-7400     

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Email:          <mailto:tjw at w3net.net> tjw at w3net.net

Skype: thomas.westbrook

 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Paul Moomaw
Sent: Thursday, May 29, 2014 2:47 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Sheriff's deed question

 

Listmates,

Real property was sold to judgment creditor via sheriff’s sale.
Redemption period has long since passed, but no sheriff’s deed has been
issued.  Judgment debtor thus still ostensibly in title, and now being
harassed by holder of deed of trust (whose lien is prior to judgment
lien).  Statute speaks in terms of sheriff’s deed being issued at the
request of the purchaser or redemptioner.  Any way for the judgment debtor
to force the issue and cause the deed to be issued?

 

Paul W. Moomaw

Mundt MacGregor L.L.P.

271 Wyatt Way NE, Suite 106

Bainbridge Island, WA 98110

(206) 319-1107

 

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intended only for the addressee. If this message has been sent to you in
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