[WSBARP] Foreclosure Fairness Act

Catherine Clark Cat at loccc.com
Wed Feb 8 10:58:10 PST 2017


I’d make sure those taxes are paid to avoid the tax foreclosure.  The suit is generally filed in June every year with defaults/judgments entered in December.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Direct Dial:  (206) 274-7941
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Monday, February 06, 2017 3:12 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Foreclosure Fairness Act

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<mailto:rob at rowleylegal.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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<mailto:wsbarp at lists.wsbarppt.com>) <wsbarp at lists.wsbarppt.com<mailto: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<mailto:jjdawes at goregrewe.com>
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