[WSBARP] Post FC sale issue

Robert Ordal ordal at ordallaw.com
Wed Jul 20 09:43:33 PDT 2016


In a judicial foreclosure there is the Sheriff's "Return on Sale of Real Property" (at least in King County), maybe that's what the client means?  If so, there is typically a fairly long redemption period before the Sheriff's issues a deed.

In a nonjudicial foreclosure, there's no standard document called a "confirmation of sale".  The Trustee just records the Trustee's Deed.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Wednesday, July 20, 2016 9:15 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Post FC sale issue

So here's an odd one.  I just was contacted by a client who wanted to know what happens in the following situation:

There is a foreclosure.  (Not sure if it was judicial or not but I have requested all documentation they can give me).
There is a sale.
Confirmation of sale is provided to the client - but I am not sure if that was an email or an actual document.
No foreclosure deed (again, not sure if Sheriff's or Trustee's at this point) is ever even drafted let alone recorded because "they closed up shop".  'They' apparently being the law firm.

I am getting documentation, as I said, but I am wondering if there is a time limit, particularly with a trustee's sale, within which the trustee MUST convey.  We are talking months have passed.  And if the 'worst' applies, does the entire FC have to be restarted?

Sincerely,

Richard L. Holland

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