[WSBARP] Voluntary dismissal of judicial foreclosure

[Joseph McIntosh]

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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