[WSBARP] Junior DOT Foreclosure

[Matt Johnson]

junior

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John M. Riley III
Sent: Thursday, January 11, 2018 11:28 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Junior DOT Foreclosure

Do  you represent the junior lienholder or a third party interested in the property?

John Riley


**Please Note: The offices of Witherspoon Kelley will be closed on Monday, January 15th. Thank you.

John M. Riley III
Attorney | Witherspoon * Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>
[WK]


422 W. Riverside Ave, Ste 1100
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witherspoonkelley.com


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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Matt Johnson
Sent: Thursday, January 11, 2018 11:02 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Junior DOT Foreclosure

If a first place DOT won't sell there position and refuses to foreclose even though they are technically in default. There is ample equity and income to satisfy both debts. The debtor has completely aborted its obligations under the junior lienholder's note.

Is there any way to force a first place lienholder's interest into a foreclosure or execution proceeding?

I do not see any obvious way to do this through foreclosure either non-judicial or judicially.

If we obtain money judgment directly on the obligation, could we execute on the whole property satisfying creditors according to priority? Perhaps appoint a receiver?

Regards,

Matthew R. Johnson | Attorney at Law
Schedule an Appointment<https://gravislaw.acuityscheduling.com/>
Partner - Gravis Law, PLLC
P.O. Box 182 | 350 E. Main St.
Dayton, WA 99328
O-(509) 382-2030
F-(866) 419-9269
Website <https://www.gravislaw.com/> - LinkedIn<https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a>


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