[WSBARP] Distribution of excess funds- Judicial Foreclosure

[Robert S Schuck]

Consider RCW 6.21(5)

6.21.110
Confirmation of sale-Objections-Resale-Distribution of sale proceeds-Filing of certificate.
(1) Upon the return of any sale of real estate, the clerk: (a) Shall enter the cause, on which the execution or order of sale issued, by its title, on the motion docket, and mark opposite the same: "Sale of land for confirmation"; (b) shall mail notice of the filing of the return of sale to all parties who have entered a written notice of appearance in the action and who have not had an order of default entered against them; (c) shall file proof of such mailing in the action; (d) shall apply the proceeds of the sale returned by the sheriff, or so much thereof as may be necessary, to satisfaction of the judgment, including interest as provided in the judgment, and shall pay any excess proceeds as provided in subsection (5) of this section by direction of court order; and (e) upon confirmation of the sale, shall deliver the original certificate of sale to the purchaser.
(2) The judgment creditor or successful purchaser at the sheriff's sale is entitled to an order confirming the sale at any time after twenty days have elapsed from the mailing of the notice of the filing of the sheriff's return, on motion with notice given to all parties who have entered a written notice of appearance in the action and who have not had an order of default entered against them, unless the judgment debtor, or in case of the judgment debtor's death, the representative, or any nondefaulting party to whom notice was sent shall file objections to confirmation with the clerk within twenty days after the mailing of the notice of the filing of such return.
(3) If objections to confirmation are filed, the court shall nevertheless allow the order confirming the sale, unless on the hearing of the motion, it shall satisfactorily appear that there were substantial irregularities in the proceedings concerning the sale, to the probable loss or injury of the party objecting. In the latter case, the court shall disallow the motion and direct that the property be resold, in whole or in part, as the case may be, as upon an execution received as of that date.
(4) Upon a resale, the bid of the purchaser at the former sale shall be deemed to be renewed and continue in force, and no bid shall be taken, except for a greater amount. If on resale the property sells for a greater amount to any person other than the former purchaser, the clerk shall first repay to the former purchaser out of the proceeds of the resale the amount of the former purchaser's bid together with interest as is provided in the judgment.
(5)(a) If, after confirmation of the sale and the judgment is satisfied, there are any proceeds of the sale remaining, the clerk shall pay such proceeds, as provided for in (b) of this subsection, to all interests in, or liens against, the property eliminated by sale under this section in the order of priority that the interest, lien, or claim attached to the property, as determined by the court. Any remaining proceeds shall be paid to the judgment debtor, or the judgment debtor's representative, as the case may be, before the order is made upon the motion to confirm the sale only if the party files with the clerk a waiver of all objections made or to be made to the proceedings concerning the sale; otherwise, the excess proceeds shall remain in the custody of the clerk until the sale of the property has been disposed of.
(b) Anyone seeking disbursement of surplus funds shall file a motion requesting disbursement in the superior court for the county in which the surplus funds are deposited. Notice of the motion shall be served upon or mailed to all persons who had an interest in the property at the time of sale, and any other party who has entered an appearance in the proceeding, not less than twenty days prior to the hearing of the motion. The clerk shall not disburse such remaining proceeds except upon order of the superior court of such county.
(6) The purchaser shall file the original certificate of sale for record with the recording officer in the county in which the property is located.
[ 2014 c 107 § 1;<http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/6553.SL.pdf?cite=2014%20c%20107%20§%201;> 1994 c 185 § 3;<http://lawfilesext.leg.wa.gov/biennium/1993-94/Pdf/Bills/Session%20Laws/Senate/5449.SL.pdf?cite=1994%20c%20185%20§%203;> 1987 c 442 § 611;<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1987c442.pdf?cite=1987%20c%20442%20§%20611;> 1984 c 276 § 3;<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c276.pdf?cite=1984%20c%20276%20§%203;> 1981 c 329 § 3;<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1981c329.pdf?cite=1981%20c%20329%20§%203;> 1899 c 53 § 6;<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1899c53.pdf?cite=1899%20c%2053%20§%206;> RRS § 591. Prior: 1897 c 50 § 14;<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1897c50.pdf?cite=1897%20c%2050%20§%2014;> Code 1881 § 367; 1877 p 79 § 370;<http://leg.wa.gov/CodeReviser/Pages/session_laws.aspx?cite=1877%20p%2079%20§%20370;> 1869 p 95 § 363;<http://leg.wa.gov/CodeReviser/Pages/session_laws.aspx?cite=1869%20p%2095%20§%20363;> 1854 p 182 § 266.<http://leg.wa.gov/CodeReviser/Pages/session_laws.aspx?cite=1854%20p%20182%20§%20266.> Formerly RCW 6.24.100<http://app.leg.wa.gov/RCW/default.aspx?cite=6.24.100>.]
NOTES:


Robert S. Schuck
Kennedy,Schuck & Miller, PLLC
1520 140th NE, Suite 200
Bellevue, WA 98005
(425)451-3760 (telephone)
(425)451-3878 (facsimile)
rsschuck at ksmlawfirm.com<mailto:rsschuck at ksmlawfirm.com>

This correspondence is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain confidential information protected by Attorney-Client privilege. If you are not a person for whom this message was intended, please delete it from your system immediately, refrain from copying or forwarding any part of the message, and kindly notify me at (425) 451-3760 or at rsschuck at ksmlawfirm.com<mailto:rsschuck at qwest0ffice.net>   Thank you.


From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Hildebrand
Sent: Friday, March 10, 2017 9:09 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Distribution of excess funds- Judicial Foreclosure

All-
I am looking for some advice on the distribution of excess funds on a judicial foreclosure (Sheriff's sale):

Client has a purchase and sale deed and seeks to have surplus distributed to him.
Property sold Feb. 3
Sheriff filed a notice of return on Feb. 10- is this a confirmation of sale?
There was a DSHS lien that was wiped out upon sale, at least I am told by the DSHS.

I filed a motion with the court ex parte to distribute, but some are saying I need to file a preliminary title report with the motion as well as proof that the DSHS lien was blown up.

Can someone give me some guidance on this please?? THANK YOU!

Best,
Scott Hildebrand
Attorney at Law
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