[WSBARP] Foreclosure Fairness Act

[Rob Rowley]

http://www.commerce.wa.gov/wp-content/uploads/2016/06/ffp-eligibility-guidance-2014.pdf





Robert R. Rowley

Attorney At Law

(509) 252-5074 (w)

(509) 994-1143 (c)

rob at rowleylegal.com



*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Jeanne Dawes
*Sent:* Monday, February 06, 2017 2:36 PM
*To:* WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com) <
wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] Foreclosure Fairness Act



Clients are parent-lenders for son and daughter-in-law, when they purchased
a home a number of years ago.  This is not a seller-financed transaction.
Lenders have never had any interest in home, except as beneficiaries under
Note and Deed of Trust.  About three years ago, son and daughter-in-law
divorce, daughter-in-law is awarded home, stops making payment on Note.
Stops paying property taxes.  Tax foreclosure will begin this year.
Parents have decided to begin a nonjudicial foreclosure proceeding.



I’ve been advised by the WA Commerce Dept. that a private lender is not
exempt from the mediation notice requirements of the Foreclosure Fairness
Act, but that most likely mediation would not be available in this
situation.  So, it appears we must comply with providing the 30-day letter
required under RCW 61.24.031(1)(b) & (c),  before we can start the
nonjudicial foreclosure action.  I’m wondering if anyone else has dealt
with this private lender situation when lender is not the seller, and what
happens if the borrower requests a meeting or mediation.







*Jeanne J.* *Dawes*

Attorney at Law

Gore & Grewe, P.S.

103 E. Indiana Avenue, Suite A

Spokane, WA 99207-2317

Voice:  509-326-7500

Fax:      509-326-7503

jjdawes at goregrewe.com

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