[WSBARP] confirmation of sales

[Eric Nelsen]

You are not wrong as near as I can tell. As you say, either the buyer at
the sale OR the creditor can file a Motion for Confirmation. American Fed.
Sav. & Loan Assoc. of Tacoma v. McCaffrey, 107 Wn.2d 181, 190 (1986). But
I don't see why the creditor would do it when there is a 3rd party buyer.

 

The creditor is paid immediately after sale, RCW 6.21.110(1)(d), but the
buyer doesn't get a certificate of sale until the hearing on confirmation,
RCW 6.21.110(1)(e) <http://apps.leg.wa.gov/rcw/default.aspx?cite=6.21.110>
. The two activities don't appear to be linked in any way.

 

I haven't encountered this before, but what happens if the buyer deposits
the funds, the creditor gets their money, but then the buyer decides not
to confirm the sale? Is there any circumstance (short of the sale being
void for some reason) where the buyer might get their money back?

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

 

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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