[WSBARP] Buyer Relief from Trustee Error During Foreclosure

[John M. Riley III]

Let us not forget Glidden, 111 Wn 2d 341,  and  Stewart, 51 Wn. App. 509, two cases where interested parties sought to set aside the completed trustee's sale (Glidden was failure to give notice of the sale to junior encumbrancers, Stewart a bona fide purchaser case).   Let us also not forget the by now billions?  of cases on the issue of the consequences of failure to make use of the statutory restraint right;  from Ostrander, 6 Wn App 28 on.  The claimant may have known something.


John M. Riley III
Principal | Witherspoon * Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>

[WK]

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] On Behalf Of Jared Hawkins
Sent: Friday, April 14, 2017 9:34 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Buyer Relief from Trustee Error During Foreclosure
Sensitivity: Confidential

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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