[WSBARP] Foreclosure question

Wed Aug 16 13:29:36 PDT 2017

Thanks for providing that; it makes it pretty clear....

Very Truly Yours,

Robert R. Cole

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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On 8/16/2017 9:40 AM, Mark Phelps wrote:
>
> The most recent reported cases on statute of limitations application 
> to nonjudicial foreclosures are:
>
> *Edmundson v. Bank of Am., N.A., 194 Wash.App. 920, 378 P.3d 272 
> (Wash. App., 2016)*
>
> **
>
> 4518 S. 256th, LLC v. Gibbon, 195 Wash.App. 423, 382 P.3d 1 (Wash. 
> App., 2016)**
>
> **
>
> **
>
>
> Mark J. Phelps
>
> Attorney, Litigation Practice Group Leader
>
> Desh International & Business Law · www.deshlaw.com 
> <http://www.deshlaw.com/>
>
> 11400 SE 8^th Street, Suite 260, Bellevue, WA 98004
>
> Direct: (425) 242-3398 *·* Fax: (425) 968-7571
>
> Email: mphelps at deshlaw.com <mailto:mphelps at deshlaw.com>
>
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>
> *From:*wsbarp-bounces at lists.wsbarppt.com 
> [mailto:wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Craig Gourley
> *Sent:* Friday, August 11, 2017 3:05 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Foreclosure question
>
> 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 10^th 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 *Craig Gourley
> *Sent:* Friday, August 11, 2017 11:04 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
> <mailto: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 10^th 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 10^th 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)
>
> This message contains confidential and privileged information that is 
> intended only for the named recipient(s).  Unless you are the named 
> recipient or authorized agent thereof, you are prohibited from 
> reading, copying, distributing or otherwise disseminating such 
> information.  If you receive this communication in error, please 
> notify the sender immediately.
>
>
>
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