[WSBARP] Foreclosure of Tenant in Common Interest?

[Rob Rowley]

John,



The tenants in common did not execute the note or commercial deed of
trust.  There are multiple parcels and one of the legal parcels is properly
encumbered by the deed of trust and note.  There is a second/adjoining
legal parcel where there is an issue.



Why would I not be able to partition under chapter 7.52 RCW?



The property is such that it does not lend itself to being physically
divided and then must be sold.



Robert R. Rowley

Attorney At Law

(509) 252-5074 (w)

(509) 994-1143 (c)

rob at rowleylegal.com



*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *John M. Riley III
*Sent:* Wednesday, August 10, 2016 12:18 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Foreclosure of Tenant in Common Interest?



If both signed the note, then look at whether or not a foreclosure sale and
judgment sheriffs sale gets you the entire property.



John Riley





*John M. Riley, III*

Principal | Witherspoon • Kelley

jmr at witherspoonkelley.com | Attorney Profile
<http://www.witherspoonkelley.com/john-riley-1> | vCard
<http://www.witherspoonkelley.com/s/jmr.vcf>



<http://www.witherspoonkelley.com>

422 W. Riverside Ave, Ste 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com



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*From:* wsbarp-bounces at lists.wsbarppt.com [
mailto:wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>]
*On Behalf Of *Rob Rowley
*Sent:* Wednesday, August 10, 2016 8:23 AM
*To:* WSBA RPPT
*Subject:* [WSBARP] Foreclosure of Tenant in Common Interest?



Any thoughts, or stories or recommendations for the judicial foreclosure of
a commercial property where the beneficiary has a note and deed of trust
signed by one of the tenants in common in the property.  Tenant in common
owns 50% of the commercial building and the note has matured.  I suspect
that when the deed of trust was being executed that the lender at the time
intended to have all of the tenants in common execute the deed of trust,
but they didn't.



Thanks for the input.



*Robert R. Rowley* | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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