[WSBARP] Successful Vacating of Contract Forfeiture RCW 61.30.140

[Rob Rowley]

Dwight,



You are one of the great resources on the RPPT.   Great wisdom and
insight.  Especially for us solo practitioners who have no one to talk to
except the walls. J



Thank you.





*Robert R. Rowley* | Attorney at Law

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Spokane, WA  99201

Telephone: (509) 252-5074

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Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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*From:* Bickel, Dwight [mailto:Dwight.Bickel at fntg.com]
*Sent:* Tuesday, February 14, 2017 3:06 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Cc:* rob at rowleylegal.com
*Subject:* RE: [WSBARP] Successful Vacating of Contract Forfeiture RCW
61.30.140



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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