[WSBARP] Sheriff's Sale of Real Property vs. Trustee's Sale

[Joseph McIntosh]

Following the redemption period (if applicable), the sheriff would convey to the purchaser, by way of sheriff’s deed, the same interest that a trustee would convey by way of trustee’s deed.  If there were junior encumbrances that were properly noticed, they would be extinguished by sheriff sale, similar to a trustee sale.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kaitlyn Jackson
Sent: Tuesday, February 16, 2021 12:18 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Sheriff's Sale of Real Property vs. Trustee's Sale

Brain Trust -

I've been reviewing RCW 6.21 regarding Sheriff's Sales because I'm trying to nail down the differences between the effect of the Sheriff's Sale and Trustee's Sale with regard to rights of the purchaser. The RCW appears a little unclear (in my opinion) on the issue of transfer of title to the purchaser and what (if any) liens and encumbrances remain secured after the sale. If someone can help clarify this, I would be grateful.

Specifically, my questions are:

1. Are subordinate liens/encumbrances released by the sale (similar to a trustee's sale)?
2. Assuming there's an 8-12 month redemption period, when does title actually transfer to the purchaser at the Sheriff's Sale? Does that happen only after the redemption period has expired? If so, who is responsible for liabilities such as HOA dues during the redemption period?

Thanks in advance for any help here!

--
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/>

Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210216/75c2afb5/attachment.html>