[WSBARP] Successful Vacating of Contract Forfeiture RCW 61.30.140

Bickel, Dwight Dwight.Bickel at fntg.com
Tue Feb 14 15:05:33 PST 2017


The easy way is for the seller to sign a new contract with the specific new terms, of course referencing cancellation of the prior reinstatement.

An alternative is to obtain an Order of Rescission of Forfeiture where the operative paragraphs rescind the Declaration of Forfeiture, restore the rights of the purchaser, nunc pro tunc to the date of the Declaration of Forfeiture, declare the seller remains the fee owner subject to all the rights of the purchaser set forth in the original contract, state that all prior defaults are cured and probably state the exact principal balance as of a certain date. If the court is in the same county, no recording of the Order is required. But I would record it anyway because the real property records might not show the pending litigation.

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