[WSBARP] HOA Execution of Judgment Lien and Redemption Rights

[Paul Neumiller]

Research is not revealing a clear answer.  An HOA sued many homeowners for delinquent dues.  HOA received a Default Judgment against one of the homeowners but let the Judgment sit for about 5 years.  I am now helping the HOA with execution on the Judgment.  No one (including homeowner) has lived in the residence for multiple years, thus abandonment?  OK, so I am trying to figure out the redemption rights.  RCW 6.23.020 says “(1) Unless redemption rights have been precluded pursuant to RCW 61.12.093 et seq., the judgment debtor or any redemptioner may redeem the property from the purchaser at any time …..” So, the basic issue is whether RCW 61.12.093 applies to this situation.

RCW 61.12.093 says, in full:  “In actions to foreclose mortgages on real property improved by structure or structures, if the court finds that the mortgagor or his or her successor in interest has abandoned said property for six months or more, the purchaser at the sheriff's sale shall take title in and to such property free from all redemption rights as provided for in RCW 6.23.010 et seq. upon confirmation of the sheriff's sale by the court. Lack of occupancy by, or by authority of, the mortgagor or his or her successor in interest for a continuous period of six months or more prior to the date of the decree of foreclosure, coupled with failure to make payment upon the mortgage obligation within the said six month period, will be prima facie evidence of abandonment.”

Ok, so this RCW uses language like “to foreclose mortgages” and “mortgagor” and “mortgage obligation”.  While it would appear that the abandonment concept of RCW 61.12.093 only applies to a mortgage situation, there are several cases (like Performance Construction, LLC v. Glenn, 380 P.3d 618, 195 Wn.App. 406 (Wash.App. Div. 1 2016) that involve judgment creditors/debtors and the court mentions in passing, but doesn’t apply, RCW 61.12.093.  What does the collective mind think (and no, my HOA client does not want to be the test case)?  Can a HOA in executing on a judgment lien use RCW 61.12.093 to eliminate all redemption rights?

[cid:image002.jpg at 01D327CB.B6B53690]

IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.
E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170907/6a106c62/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 14511 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170907/6a106c62/image002.jpg>