[WSBARP] Buyer Relief from Trustee Error During Foreclosure

[Kary L. Krismer]

Is it safe to assume the buyer didn't get title insurance when they bought  
at the trustee's sale?  It is apparently possible to get such insurance,  
but I'm not sure how common it is.

Kary L. Krismer
John L. Scott/KMS Renton
206 723-2148

On Fri, 14 Apr 2017 09:34:06 -0700, Jared Hawkins <jared at hawklaw.biz>  
wrote:

>
> Buyer purchases house at foreclosure sale and receives trustee’s deed.   
> 7-8 months later Buyer receives notice from Junior lien >holder (Junior  
> LH) that purports that Trustee failed to provide adequate notice to  
> Junior LH (i.e., notice was sent to Lien Holder’s >previous attorney who  
> had long since retired).  Junior LH asserts that the lien survived the  
> sale of the property due to the lack of >notice.   Junior LH has now  
> commenced a foreclosure proceeding against Buyer to foreclose  
> lienholder’s interest in the junior >lien.
>
>
> I will certainly assert that Buyer is a bona fine purchaser under RCW  
> 61.24.040.  But in the event that is not successful, I think its >wise  
> to assert a cross claim against the Trustee/Deed of Trust Beneficiary if  
> errors did indeed occur.  Have any of you done that >before?  And if so,  
> do you have some tips you could share over the phone or could email to  
> me?  If the lien did indeed survive the >foreclosure then my client has  
> been damaged, but I’m uncertain at this point the best cause of  
> action(s) to capture those >damages for my client.  Any help would be  
> much appreciated.
>
>
> Thanks!    
>
> Jared N. Hawkins, Attorney at Law
>
> jared at hawklaw.biz
> Hawkins Law, PLLC
> Phone 509-529-5175 / Fax 509-529-2564
> 2225 Isaacs, Suite A/ Walla Walla, WA 99362
>
> Visit our website at hawklaw.biz.
>
> This email is intended only for the named recipient(s) or their  
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>
>



-- 
Kary L. Krismer
206 723-2148

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