[WSBARP] Voluntary dismissal of judicial foreclosure
Joseph McIntosh
jmcintosh at McCarthyHolthus.com
Fri Dec 10 12:00:31 PST 2021
A case can still be re-filed following one voluntary non-suit. So there is no bar to enforcement, there.
But, it sounds like the lender was paid, with no lien release, perhaps due to inadvertence.
Is it a 30 year mortgage? It could probably still be timely enforced, having matured under 6 years ago. But, all indications are that it was paid, particularly given no enforcement action promptly following maturity.
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Julie Nichols
Sent: Friday, December 10, 2021 11:45 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Cc: 'Stephen Whitehouse' <swhite8893 at aol.com>
Subject: [WSBARP] Voluntary dismissal of judicial foreclosure
I am looking for ideas, if any, short of bringing an action under RCW 7.28.300, for the following scenario:
Deed of Trust entered into 12/23/96
Grantor dies 4/4/12
Judicial foreclosure action filed 5/18/2016 alleging date of default of 8/10/12
Motion for Voluntary Dismissal filed 4/29/19 ("Plaintiff hereby moves for voluntary dismissal, pursuant to CR41(a)")
Court enters General Judgment of Voluntary Dismissal 5/7/19
Anyone successfully argued that the lis pendens and deed of trust could be insured over in this situation?
Thanks in advance,
Julie Nichols
Julie Nichols
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave, Suite 300 (physical only-no mail)
Shelton, WA 98584
360.426.5885
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