[WSBARP] Foreclosure question

[Craig Gourley]

Listmates,  The foreclosure statute of limitations case is Bingham v. Lechner 111 Wash. App. 118 ( 2002)

“ The trial court found and the parties agree, that the commencement of a nonjudicial foreclosure tolls the statute of limitations.”  “The trial court concluded that the statute was tolled at most only 120 days after the originally scheduled sale date”

Whew! I get scared when I think I might be wrong, which means I am scared a lot.

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Friday, August 11, 2017 11:04 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Foreclosure question

Marcus ask about that as well so I am going back to my person that did the research to see where she came up with that information.

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, August 11, 2017 11:01 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; cole-gilday at stanwoodlaw.net<mailto:cole-gilday at stanwoodlaw.net>
Subject: Re: [WSBARP] Foreclosure question

Craig, you mention the S/L is tolled during a nonjudicial foreclosure--I thought case law said the opposite, that nonjudicial proceedings do not toll the S/L. Am I misremembering?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Friday, August 11, 2017 10:33 AM
To: cole-gilday at stanwoodlaw.net<mailto:cole-gilday at stanwoodlaw.net>; WSBA Real Property Listserv
Subject: Re: [WSBARP] Foreclosure question

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
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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