[WSBARP] Trustee Sale Lien Notice continued....

[nestor at pplsweb.com]

Wise advice. I have seen numerous times where a party bought a property at a foreclosure or Trustee sale, and not realize that the sale was based upon  a second mortgage or HOA.  The excuse was they didn’t think a title search or investigation was necessary.

 

Keep in mind the cost of re-foreclose, and consider offering them some money for a release of judgment lien.

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rod Harmon
Sent: Wednesday, November 7, 2018 11:39 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Trustee Sale Lien Notice continued....

 

This is why I don’t let my clients buy at trustee sales unless I have done a title search and prepared an abstract, and reviewed the trustee’s records to make sure it gave notice to all the parties with a lien or interest in the property.  And then told them not to do it anyway.

 

The criminal judgment doesn’t get a gratuitous bump-up in priority, though.  Your client is subrogated to the beneficiary’s position. The solution for your client is re-foreclosure to eliminate the criminal judgment.  

 

Rod Harmon

 

RODNEY T. HARMON

       Attorney at Law

         P.O. Box 1066

      Bothell, WA   98041

     Tel:   (425) 402-7800

     Fax:  (425) 458-9096

    www.rodharmon.com <http://www.rodharmon.com> 

   rodharmon at msn.com <mailto:rodharmon at msn.com> 

 

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bess Derting
Sent: Wednesday, November 7, 2018 12:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Trustee Sale Lien Notice continued....

 

   The prior email sent too early!!  Here is the rest:     

 

         Client purchased property at a Trustee's Sale in May 2018.  

         Client remodeled the house and put it up for sale.  

          A Superior Court criminal judgment for $25,728 appeared on title for a 2014 monetary judgment against the previous landowner.

           The Trustee did not give notice of the foreclosure to the judgement creditor

            The Trustee did not obtain a Trustee's Sale Guarantee, instead they obtained a "Two Owner Foreclosure Report" from Title Solutions, Inc.  The report only showed documents recorded with the County Auditor, it did not show the criminal judgment.  At the end of the report the following language appears "This information is taken from the public record and is made available for your use.  This is not to be interpreted as a title report or condition of title; we assume no responsibility for its contents".

            Since the criminal judgment creditor did not receive notice of the Trustee's Sale the title company still shows the criminal judgment on title.

           The Trustee denies it was their responsibility to give notice to ALL lien holders.

 

Suggestions? Case Law?

  

Thank you!


-- 

Mary E. (Bess) Derting

Derting & Appel, PLLC
Attorneys At Law
P.O. Box 845
112 N. Second Ave.
Okanogan, WA 98840
Ph:  509-422-1601
Fax:  866-238-7585


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