[WSBARP] Foreclosure Notice of Default

[Richard Holland]

While I have no run into this specific issue, I should think that if the original beneficiary of the note is the one foreclosing and actually provided you with the original note that you have HAVE proof that the beneficiary is the holder.  My thought is that the sentence that follows is what will suffice in the absence of what you have.  Interested to hear the thoughts of others.

Rich Holland

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Doris
Sent: Monday, October 01, 2018 7:03 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Foreclosure Notice of Default

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 | doris at eslingerlawoffice.com<mailto:doris at eslingerlawoffice.com> | eslingerlawoffice.com<http://www.eslingerlawoffice.com/>

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