[WSBARP] Foreclosure/Eviction Gurus

[Paul Neumiller]

CA Bank has foreclosed on residence.  Bank replaced locks on 20th day and
placed notices on front door.  Residence trashed with tons of personal
property thrown around.  It looks a cyclone hit the place or vandals
searched everything and threw everything on the floor like you see in the
spy movies.  CA Bank and Trustee think the debtor has abandoned but want
me to bring an unlawful detainer.  

 

What have your foreclosing lender clients done in the past when the place
is left trashed and lots of personal property?  Can the buyer at the
foreclosure sale dumpster everything or are there protections to the
debtor for abandoned personal property similar to the LL/T situation?
Can’t find the debtor now.

 

I guess if the debtors have disappeared and I can’t locate them in order
to serve them, I could use the post and mail alternative form of service
for an UD lawsuit but I’m not sure that gets my client anything (other
than a court order).

 

Any thoughts out there?  Should I tell the bank to pounce on the place and
dumpster everything now or go through the UD process, end up posting and
mailing the complaint, and get the court order for the Writ of
Restitution?  

 

(As an aside, the last time I brought a UD action after a foreclosure, the
Judge specifically pointed out to me that RCW 61.24.060 only invokes the
use of Chapter 59.12 and NOT Chapter 59.18 so my client wasn’t allowed to
haul things to the sidewalk and use all of the procedures set forth in
Chapter 59.18.  However, sensing my predicament, the Judge said I could
have used the Chapter 59.18 procedures if I specifically pled them in the
complaint. )

 

 

 

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