[WSBARP] Questions about liens at foreclosure

Jay Goldstein jay at jaglaw.net
Fri Aug 11 10:44:58 PDT 2017


Notes and deeds of trust may be sold, and the purchaser picks up where the original holder left off-with appointment of successor trustee by the assignee of the deed of trust.
Need to review prior trustee's file to make sure all good-if not, successor trustee may indeed need to start over.

The assignee's trustee sets the opening bid.
This statute may answer your question http://app.leg.wa.gov/RCW/default.aspx?cite=61.24.070

DOR sometimes negotiates balance due

Jay A. Goldstein
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1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Hildebrand
Sent: Friday, August 11, 2017 10:23 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Questions about liens at foreclosure

Title Gurus,
I have aa client who has acquired a note where non-judicial foreclosure has been initiated. The property also has a lien on it from the DOR. Questions:


  1.  If the foreclosure process has started, then the note is sold, does the foreclosure have to start all over, or can they pick up where the seller left off?


  1.  If the 1st forecloses, does the DOR lien get wiped out, or is there some super priority for government agencies?



  1.  If they go to foreclosure, can a lien holder set a reserve price above the amount payable including fees and costs?



  1.  Will the DOR negotiate for payment less than full? (I know this is a judgment question, but have you experienced a willingness to negotiate?)
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