[WSBARP] Question about rights of possession after Sheriff's Sale

[Wendy Walter]

Consult the redemption law: http://app.leg.wa.gov/RCW/default.aspx?cite=6.23.110 (also copied below).

I’ve had cases where Heirs have claimed the right to homestead and therefore possession during the redemption period. And although I don’t agree that the heir would be the judgment debtor (as they aren’t obligated on the debt, they are only joined in the foreclosure for the purposes of terminating their ownership interest in the property), the sheriff’s offices often require that we list them as a judgment debtor for any order of sale and sheriff’s instructions in order to make sure that they get notices of the sale.

RCW 6.23.110
Possession during period of redemption.
(1) Except as provided in this section and RCW 6.23.090<http://app.leg.wa.gov/RCW/default.aspx?cite=6.23.090>, the purchaser from the day of sale until a resale or redemption, and the redemptioner from the day of redemption until another redemption, shall be entitled to the possession of the property purchased or redeemed, unless the same be in the possession of a tenant holding under an unexpired lease, and in such case shall be entitled to receive from such tenant the rents or the value of the use and occupation thereof during the period of redemption.
(2) If a mortgage contains a stipulation that in case of foreclosure the mortgagor may remain in possession of the mortgaged premises after sale and until the period of redemption has expired, the court shall make its decree to that effect and the mortgagor shall have such right.
(3) As to any land so sold which is at the time of the sale used for farming purposes, or which is a part of a farm used, at the time of sale, for farming purposes, the judgment debtor shall be entitled to retain possession thereof during the period of redemption and the purchaser or his or her successor in interest shall, if the judgment debtor does not redeem, have a lien upon the crops raised or harvested thereon during said period of redemption, for interest on the purchase price at the rate of six percent per annum during said period of redemption and for taxes becoming delinquent during the period of redemption together with interest thereon.
(4) In case of any homestead as defined in chapter 6.13<http://app.leg.wa.gov/RCW/default.aspx?cite=6.13> RCW and occupied for that purpose at the time of sale, the judgment debtor shall have the right to retain possession thereof during the period of redemption without accounting for issues or for value of occupation.


Wendy Walter | Partner - Pacific Northwest | Member State Bars of WA and OR
McCarthy ♦ Holthus LLP
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Hildebrand
Sent: Friday, February 24, 2017 8:38 AM
To: 'WSBA Probate & Trust Listserv'; 'WSBA Real Property Listserv'
Subject: [WSBARP] Question about rights of possession after Sheriff's Sale

Here is one for which I am trying to get an answer quickly:

Client wants to buy real property at an auction- judicial foreclosure.
The owner passed, leaving two heirs. One of the heirs is absent, wants to let it go and is not an issue.
The other heir has moved in and is asserting his rights to redeem after the sale.
My client doesn’t want to buy a property in which a third party has occupation rights.

Question:
If my client buys the property at auction, can he evict the heir after getting a deed?
I presume that is the 20 day notice game, tenancy at sufferance.

During the eight month redemption period, does the heir have a right to possess?

Time is of the essence since the auction is slated to happen in an hour or so…

Thanks all,
Scott Hildebrand
Attorney at Law
206-605-8874
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