[WSBARP] Buyer Relief from Trustee Error During Foreclosure

[Kathleen Hopkins]

Wouldn’t trustee have received a trustee’s sale guaranty from title company and be able to claim against it?



Kathleen J. Hopkins
Real Property Law Group, PLLC
1326 Fifth Avenue, Suite 654
Seattle, WA 98101
Phone & Fax: (206) 625-0404
email: khopkins at rp-lawgroup.com
www.rp-lawgroup.com

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kary L. Krismer
Sent: Friday, April 14, 2017 9:48 AM
To: wsbarp at lists.wsbarppt.com; Jared Hawkins <jared at hawklaw.biz>
Subject: Re: [WSBARP] Buyer Relief from Trustee Error During Foreclosure

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<mailto: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<mailto: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.
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Kary L. Krismer
206 723-2148

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