[WSBARP] Surplus Funds After a Sheriff's Sale

Mon Feb 13 15:35:46 PST 2017

 <http://web2.westlaw.com/find/default.wl?mt=Washington&db=WA-ST-ANN&rs=WLW13.10&docname=LK(%22WAST6.21.110%22)&rp=%2ffind%2fdefault.wl&findtype=l&ordoc=N7B62B7609D8111DA82A9861CF4CA18AB&tc=-1&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=6E556D7E&utid=1> 6.21.110. Confirmation of sale--Objections--Resale--Distribution of sale proceeds--Filing of certificate

(1) Upon the return of any sale of real estate, the clerk: (a) Shall enter the cause, on which the execution or order of sale issued, by its title, on the motion docket, and mark opposite the same: “Sale of land for confirmation”; (b) shall mail notice of the filing of the return of sale to all parties who have entered a written notice of appearance in the action and who have not had an order of default entered against them; (c) shall file proof of such mailing in the action; (d) shall apply the proceeds of the sale returned by the sheriff, or so much thereof as may be necessary, to satisfaction of the judgment, including interest as provided in the judgment, and shall pay any excess proceeds as provided in subsection (5) of this section by direction of court order; and (e) upon confirmation of the sale, shall deliver the original certificate of sale to the purchaser.

(2) The judgment creditor or successful purchaser at the sheriff's sale is entitled to an order confirming the sale at any time after twenty days have elapsed from the mailing of the notice of the filing of the sheriff's return, on motion with notice given to all parties who have entered a written notice of appearance in the action and who have not had an order of default entered against them, unless the judgment debtor, or in case of the judgment debtor's death, the representative, or any nondefaulting party to whom notice was sent shall file objections to confirmation with the clerk within twenty days after the mailing of the notice of the filing of such return.

(3) If objections to confirmation are filed, the court shall nevertheless allow the order confirming the sale, unless on the hearing of the motion, it shall satisfactorily appear that there were substantial irregularities in the proceedings concerning the sale, to the probable loss or injury of the party objecting. In the latter case, the court shall disallow the motion and direct that the property be resold, in whole or in part, as the case may be, as upon an execution received as of that date.

(4) Upon a resale, the bid of the purchaser at the former sale shall be deemed to be renewed and continue in force, and no bid shall be taken, except for a greater amount. If on resale the property sells for a greater amount to any person other than the former purchaser, the clerk shall first repay to the former purchaser out of the proceeds of the resale the amount of the former purchaser's bid together with interest as is provided in the judgment.

(5)(a) If, after confirmation of the sale and the judgment is satisfied, there are any proceeds of the sale remaining, the clerk shall pay such proceeds, as provided for in (b) of this subsection, to all interests in, or liens against, the property eliminated by sale under this section in the order of priority that the interest, lien, or claim attached to the property, as determined by the court. Any remaining proceeds shall be paid to the judgment debtor, or the judgment debtor's representative, as the case may be, before the order is made upon the motion to confirm the sale only if the party files with the clerk a waiver of all objections made or to be made to the proceedings concerning the sale; otherwise, the excess proceeds shall remain in the custody of the clerk until the sale of the property has been disposed of.

(b) Anyone seeking disbursement of surplus funds shall file a motion requesting disbursement in the superior court for the county in which the surplus funds are deposited. Notice of the motion shall be served upon or mailed to all persons who had an interest in the property at the time of sale, and any other party who has entered an appearance in the proceeding, not less than twenty days prior to the hearing of the motion. The clerk shall not disburse such remaining proceeds except upon order of the superior court of such county.

(6) The purchaser shall file the original certificate of sale for record with the recording officer in the county in which the property is located.

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Monday, February 13, 2017 3:28 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Surplus Funds After a Sheriff's Sale

I would send a letter to the Civil Deputy at the Sheriff’s Office asking for the surplus funds and asking what else they need in order to disburse to you client.

From: Scott Hildebrand <mailto:scott at starboard-strategies.com>  

Sent: Monday, February 13, 2017 2:52 PM

To: 'WSBA Real Property Listserv' <mailto:wsbarp at lists.wsbarppt.com>  

Subject: [WSBARP] Surplus Funds After a Sheriff's Sale

All-

I have a client who has a bargain and sale deed on a house that just went to Sheriff’s sale last Friday. He was at the auction and is confident there are some surplus funds to which he is entitled. Is the proper action just the motion for the court to distribute surplus funds as is the procedure for distribution of funds after a non-judicial foreclosure, or is there something else I need to know?

Thank you all in advance.

Best,

Scott Hildebrand

Attorney at law

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