[WSBARP] confirmation of sales

Fri May 23 15:21:31 PDT 2014

Hi Rob,

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…”, I always took this to mean that the
successful purchaser was entitled to one but not that the judgment
creditor or their attorney needed to do the work. I don’t think the word
“entitled” means they don’t have to do anything – I think it means they
are entitled to get it if they request it from the Court.

But, don’t have any authority for my position….just common reading.

Regards, Tom

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Friday, May 23, 2014 3:04 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] confirmation of sales

I am afraid I was just less than kind in a telephone call with someone
(very low end developer, HOA "residence" sold for $7500) who bought at a
Sheriff's sale last month. I have been waiting for the confirmation
hearing; if my client buys it as the creditor, I do the confirmation, but
if a third party buys it, we do not, unless there is a reason to do so.
Anyway, he called and was very insistent that he has bought dozens of
properties at Sheriff's sales and the Plaintiff's lawyer always does the
confirmation hearing. I told him I have gone through probably as many
Sheriff's Sales as anyone, and as to the ones where a third party bought
the lot, it has always been up to them (unless it benefits my client). He
insisted that the Plaintiff would not be paid until the confirmation
hearing, but I know that the Plaintiff gets paid anyway; the clerk pays
the judgment out of the proceeds of the sale, separate from the
confirmation hearing track. I told him that if he doesn't hire a lawyer to
do the confirmation hearing, he doesn't own the lot. 

So I confess, I was not as temperate as I should have been.

Am I wrong? Is there some reason for Plaintiff's lawyer to do free work
for the third party buyer and do the confirmation pleadings and appear at
the hearing (aside from the fact that title has not yet passed so the lot
is still in limbo as to assessments and so on)? 

Rob

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

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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. 

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