[WSBARP] 3 year wait period after tax foreclosure

[Jay Goldstein]

I think the purpose of the QT action is to extinguish redemption rights that may arise under http://app.leg.wa.gov/RCW/default.aspx?cite=84.64.070
Subsection (5).

J

Jay A. Goldstein
[Logo Color 946x243 pixels]
1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Wednesday, March 15, 2017 10:29 AM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com) <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] 3 year wait period after tax foreclosure

Client purchased property a county tax foreclosure sale.  Client now selling to a developer who plans to build and then resell.  Title ins. Co. states that they will not insure due to 3-year rule under RCW 4.16.090.  There was thread on this issue earlier this year and I have that thread.  However, title company is willing to insure under 2 options: (1) Obtaining a certification from a tax title service company (that charges a pretty sizeable fee and will be in excess what I would charge for a quiet title action); or (2) Quiet title.

I am having a hard time wrapping my head around a quiet title action in this instance.

Is it a declaratory action that requests that the court declare that the county acted in accordance with law?  To me it appears that I am effectively cutting off a 3-year SOL, which seems highly questionable.  Am I correct?

Additionally, the other parties of record was a defunct corporation and a private lien holder.  If you have experience in this, I would like to know do I need publish my Summons for all interested parties in the property to satisfy the title company?  All I am getting back from underwriting at the title insurance co. is do a quiet title action as if all quiet title actions are the same.

Thank you,

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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