[WSBARP] Foreclosure question

[Nicholas Fisher]

You stated that it is a deed of trust foreclosure sale as opposed to saying
a judicial foreclosure in court.  If this is residential property and it is
a nonjudicial forelcosure,barrring any of the exceptions in RCW 61.24.100
there will be no deficiency judgments on the foreclosing note.  The case
law has given second lien holders rights to pursue their debt directly
against the borrower after the foreclosure, but the foreclosing creditor is
done after the non-judicial foreclosure.
Nicholas Fisher
nicfisherlaw.com


On Fri, Aug 11, 2017 at 10:32 AM, Craig Gourley <craig at glgmail.com> wrote:

> Gregory,  Tom Hause in our office is doing one of these right now.  No
> payments since December of 2007.  Note that the statute of limitations is
> tolled during any bankruptcy proceeding and during any active foreclosure.
> In our case the debtor was in bankruptcy for 14 months and under an active
> notice of trustee’s sale 8 times. The sales were never held or the action
> was cancelled each time.  During those time periods the statute was
> tolled.  You need to pull the title history and look for trustee’s sales
> and also check with the client for any banko filings, even if they are
> dismissed.  If you want to refer it out, give Tom a call he may be willing
> to take on another SOL client.  Thanks, Craig
>
>
>
> *Gourley Law Group*
>
> *Snohomish Escrow*
>
> *The Exchange Connection*
>
>
>
> 1002 10th Street / PO Box 1091
>
> Snohomish, WA 98291
>
>
>
> 360.568.5065 <(360)%20568-5065>
>
> 360.568.8092 <(360)%20568-8092>  fax
>
> *Craig at glgmail.com <Craig at glgmail.com>*
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] * On Behalf Of *Gregory L. Gilday
> *Sent:* Friday, August 11, 2017 9:57 AM
> *To:* WSBA RPPT Real Property Discussion Forum <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Foreclosure question
>
>
>
> I have a friend who has a deed of trust foreclosure sale scheduled two
> weeks from now in Island County.  He has not made a payment in nine (9)
> years, and he says he has signed nothing with the lender in that 9 year
> period.  I am thinking the statute of limitations will be his friend.
> Comments and referrals (including self) are solicited.
>
> Thank you in advance.
>
> --
>
>
>
> Very Truly Yours,
>
> Gregory L. Gilday
>
> Law Office of Cole & Gilday, P.C.
>
>
>
> 10101 - 270th St. NW
>
> Stanwood, WA 98292
>
> (360) 629-2900 (Telephone)
>
> (360) 629-0220 (Fax)
>
>
>
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