[WSBARP] Foreclosure Notice of Default

[Doris]

I am the successor trustee of a DOT securing a non-consumer construction
loan for a single residential dwelling that is partially complete through
the drywall stage.  The beneficiary of the DOT are private parties and they
remain the same since the beginning. I have a copy of the DOT and PN.   I am
starting a foreclosure proceeding and recently sent a Notice of Default to
the grantor of the DOT.  I didn't include a beneficiary declaration
referenced in RCW 61.24.030(7)(a) and  (8) believing my proof is the DOT and
PN.  In my research it seems to suggest that I need a declaration from the
beneficiary stating that he is the holder of the note and that I need to
include said declaration with the Notice of Default.  Do I need to re-send
the NOD with a declaration from the beneficiary or is it only for notes with
a different beneficiary since the inception?    Thank you in advance for
your help.   

 

(7)(a) That, for residential real property, before the notice of trustee's
sale is recorded, transmitted, or served, the trustee shall have proof that
the beneficiary is the holder of any promissory note or other obligation
secured by the deed of trust. A declaration by the beneficiary made under
the penalty of perjury stating that the beneficiary is the holder of any
promissory note or other obligation secured by the deed of trust shall be
sufficient proof as required under this subsection.

 

(8) That at least thirty days before notice of sale shall be recorded,
transmitted or served, written notice of default and, for residential real
property, the beneficiary declaration specified in subsection (7)(a) of this
section shall be transmitted by the beneficiary or trustee to the borrower
and grantor at their last known addresses by both first-class and either
registered or certified mail, return receipt requested, and the beneficiary
or trustee shall cause to be posted in a conspicuous place on the premises,
a copy of the notice, or personally served on the borrower and grantor. This
notice shall contain the following information:

 

Regards, 

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC 
2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 |

Fax: (425) 633-2468 |  <mailto:doris at eslingerlawoffice.com>
doris at eslingerlawoffice.com |  <http://www.eslingerlawoffice.com/>
eslingerlawoffice.com  

----------------------------------------------------------------------------
------------------------


This message and its attachements are intended only for the addressee.
Please do not forward this message to others without permission.  The
information contained in this message is privileged, confidential, and
protected by the attorney-client or attorney work product privileges.
Unauthorized forwarding, printing, copying, distribution, disclosure or use
of such information is strictly prohibited.  If you are not the addressee,
please promptly delete this message and notify the sender of the delivery
error by return e-mail or you may call our office at (425) 451-3237. Nothing
in this message should be interpreted as a digital or electronic signature
that can be used to authenticate a contract or other legal document.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20181001/61264592/attachment.html>