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

Kaitlyn Jackson kaitlyn at dimensionlaw.com
Tue Feb 16 16:04:09 PST 2021


Thank you, Joseph!

Kaitlyn

On Tue, Feb 16, 2021 at 12:26 PM Joseph McIntosh <
jmcintosh at mccarthyholthus.com> wrote:

> 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|
> <kaitlyn at dimensionlaw.com%7C>* www.dimensionlaw.com
>
>
>
> Covid-19 Update - Dimension Law Group remains available to serve our
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> 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.
>
>
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-- 
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*|
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. 
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