[WSBARP] Occupant in property after tax foreclosure sale

[Scott Hildebrand]

I just encountered a similar fact pattern and can offer the following
general advice:

 

The best bet is a negotiation. According to the advice I received, which was
an heir living in the property after a sheriff's sale, the statutes are very
murky and an ejectment action was probably in order in my client's case.
Problem is that there is an eight month redemption period, which is almost
as long as the inhabitant could stay if the ejectment action runs its
course.

Also, there is an interplay between homestead rights and the ability to stay
during a redemption period.

After speaking with a couple of lawyers who know this stuff better than I
do, the conclusion I came to was that negotiation to get the inhabitant out
for cash would be a better course of action than almost any alternative.

 

Best,

Scott Hildebrand

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Monday, February 27, 2017 8:08 PM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com)
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Occupant in property after tax foreclosure sale

 

Client purchases property at a tax foreclosure sale and received the tax
deed in accordance with RCW 84.64.  Someone is occupying the property, not
sure if it is former homeowner or a tenant, but they refuse to answer the
door.  I cannot find anything in the statute that allows client/purchaser to
use RCW 59.12 to evict.  Is my client's only legal procedure (besides cash
for keys) an ejectment action?  Any insight from someone who has encountered
this before would be appreciated.

 

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 

P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 

 

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