[WSBARP] Occupant in property after tax foreclosure sale

[Paul Neumiller]

Marcus, after research about 3 years ago, I came to the same conclusion that the only remedy was an ejectment action.  To tell the truth, I never considered the issue of redemption and the ability of the debtor to live there and I think (I hope) that that only applies to judicial foreclosures and not tax foreclosures. My client needed to hold onto the property for at least three years (and rent it out) before a title company was willing to insure a sale to a third party because they were concerned about the minors and incapacitated persons statute of limitations.  And, just because we don’t see much of this in a rural county, I received prior approval of the process and the writ of ejectment from the sheriff’s office and the court clerk before I took it to the judge.  Fortunately, the occupants defaulted so it was a fairly quick process.

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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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