[WSBARP] Forfeiture of Real Estate Contract

[Eric Lanza]

Yikes, sounds like a mess.

I think a 61.30 forfeiture requires that a Real Estate Contract (or memorandum thereof) be recorded, and requires the recorded Real Estate Controct contain forfeiture provisions. See 61.30.030

In this case, it sounds like the Real Estate Contract was never signed, let alone recorded.

A recorded Purchase and Sale Agreement means nothing. All conveyances need to be in writing and meet the requirements of a deed. A PSA does not meet the requirements for a conveyance.

I would file suit to quiet title and ejectment. Unless I’m missing something?


Eric J. Lanza, J.D.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, October 22, 2019 3:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Forfeiture of Real Estate Contract

Hi All -

I have an eastern washington property that was subject to a PSA to a family member that has gone south. Closing was supposed to occur in 2014, but never happened. Purchaser stopped making payments two years ago. When Seller wanted to turn around and sell it to someone else, Purchaser recorded the PSA and paid excise tax (but still has not made payments on the property or offered to close). Title has recommended that we move through the Forfeiture process outlined in RCW 61.30.010. Has anyone ever done this and willing to share some basic advice and/or forms for the notices?

--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>

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