[WSBARP] confirmation of sales

[Patrick McDonald]

Rob,

I agree that the purchaser cannot force your client to confirm the sale.
RCW 6.21.110 is pretty clear that the purchaser can also confirm the sale
on his or her own.  

That said, you seem to suggest that your plaintiff clients obtain the sale
proceeds irrespective of the sale confirmation process. I'm curious as to
how that happens. Are judges/commissioners signing orders disbursing the
funds from the court registry to your clients before the sales are
confirmed? 

Absent confirmation, the sheriff's sale is not considered complete. Also,
there is case law that a winning bid can be withdrawn prior to
confirmation. If the bid is withdrawn prior to confirmation (or the sale
is not otherwise confirmed due to "substantial irregularities") but a
plaintiff previously obtained the funds from the court registry, that
would seem to be problematic. 

In light of those issues, even where there is a third party with the
winning bid, our office will do the confirmation on behalf of our client
(the plaintiff) and at the same time obtain an order disbursing funds to
satisfy the judgment. 

Patrick
________________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489



On May 23, 2014, at 3:04 PM, Rob Wilson-Hoss wrote:



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
 <x-msg://95/www.hossandwilsonhoss.com> www.hossandwilson-hoss.com
 <x-msg://95/rob@hctc.com> rob at hctc.com
 
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