[WSBARP] Post FC sale issue

[Rob Wilson-Hoss]

Appoint a successor trustee? Who then arranges for the deed? (He says without doing any research whatsoever….)

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

 

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

 

This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Wednesday, July 20, 2016 10:42 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Post FC sale issue

 

They are the bank.  They want to sell the property.

 

Thanks,

 

Rich Holland

rich at pnwle.com

733 7th Avenue, Suite 110

Kirkland, WA 98033

425-836-6240  / 425-748-3901 (fax)

 

The information contained in this communication, and in any attached document(s), is privileged and/or confidential, intended solely for the individual/entity to whom/which it was sent.  If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited.  If you have received this email in error, please notify me immediately at the email address, mailing address, or telephone or fax number above.

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Wendy Walter
Sent: Wednesday, July 20, 2016 10:29 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Post FC sale issue

 

In my experience, I’ve seen trustee’s deeds recorded as many as 5 years after the non judicial foreclosure sale.  Why does your client want to know what happens? Your clients motives might impact the answer to the question.  

 

Wendy Walter | Partner - Pacific Northwest | Member State Bars of WA and OR

McCarthy ♦ Holthus LLP

    m. 108 1st  Ave. S., Suite 300, Seattle, WA  98104 

    d. 206.596.4844 | f. 206.780.6862 | c. 425.241.5459

    e.  <mailto:wwalter at mccarthyholthus.com> wwalter at mccarthyholthus.com

Arizona ♦ California ♦ Colorado ♦  Idaho ♦ Nevada ♦ New Mexico ♦ Oregon ♦ Texas ♦ Washington

CONFIDENTIALITY NOTICE: The information contained herein may be privileged and protected by the attorney/client and/or other privilege. It is confidential in nature and intended for use by the intended addressee only. If you are not the intended recipient, you are hereby expressly prohibited from dissemination distribution, copy or any use whatsoever of this transmission and its contents. If you receive this transmission in error, please reply or call the sender and arrangements will be made to retrieve the originals from you at no charge.

Federal law requires us to advise you that communication with our office could be interpreted as an attempt to collect a debt and that any information obtained will be used for that purpose.

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Wednesday, July 20, 2016 10:21 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Post FC sale issue

 

So I guess the question then becomes what happens in that ‘gap’?  If the sale took place but the deed wasn’t recorded within the 15 days, then it isn’t “final”.  Which means …. What?  Because that apparently is the issue.  There WAS a sale.  As Mr. Ordal mentioned, I am hoping that since there really isn’t a “Confirmation of Sale” except in a judicial, that it was a judicial and we can draft the deed for the Sheriff since it is probably still in redemption anyway.  But if not, if the sale was never ‘finalized’ even though it did take place, is a second ‘sale’ – with all that entails - required?  It really isn’t an issue of the debtor or any bidder, it’s the length of the process and frankly what will title require to underwrite.  Still, I appreciate the input.  Time to start researching …

 

Thanks,

 

Rich Holland

rich at pnwle.com

733 7th Avenue, Suite 110

Kirkland, WA 98033

425-836-6240  / 425-748-3901 (fax)

 

The information contained in this communication, and in any attached document(s), is privileged and/or confidential, intended solely for the individual/entity to whom/which it was sent.  If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited.  If you have received this email in error, please notify me immediately at the email address, mailing address, or telephone or fax number above.

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rick Hoss
Sent: Wednesday, July 20, 2016 9:49 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Post FC sale issue

 

For a nonjudicial foreclosure 61.24.050(1) says if the trustee accepts a bid then the sale is final as of the date of acceptance of bid so long as the trustee’s deed is recorded within 15 days. 

If no trustee deed is recorded within 15 days then the sale isn’t final.

If the sale is voided for some reason the trustee has to send Notice of Rescission of Trustee’s Sale, but this doesn’t have to be recorded.

 

If the sale is discontinued then the trustee records a notice of discontinuance under 61.24.090

 

 

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
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

 

logo-for-print.jpg

 

733 7th Avenue, Suite 110

Kirkland, WA 98033

425-836-6240  / 425-748-3901 (fax)

 

The information contained in this communication, and in any attached document(s), is privileged and/or confidential, intended solely for the individual/entity to whom/which it was sent.  If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited.  If you have received this email in error, please notify me immediately at the email address, mailing address, or telephone or fax number above.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160720/73fce5ea/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4227 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160720/73fce5ea/image001.jpg>