[WSBARP] Referral for Foreclosure Redemption

[Rod Harmon]

More expansively, in the tax foreclosure context, there is a statute that protects an incompetent taxpayer, RCW 84.64.070  (5):
"If the real property of any minor, or any person adjudicated to be legally incompetent, be sold for nonpayment of taxes, the same may be redeemed at any time within three years after the date of sale upon the terms specified in this section, on the payment of interest at the statutory rate per annum charged on delinquent general real and personal property taxes on the amount for which the same was sold, from and after the date of sale, and in addition the redemptioner must pay the reasonable value of all improvements made in good faith on the property, less the value of the use thereof, which redemption may be made by themselves or by any person in their behalf."
In the case of a judicial foreclosure, CR 55(b)(1) provides that: "No judgment by default shall be entered against an infant or incompetent person unless represented by a general guardian or guardian ad litem."


So, is a nonjudicial foreclosure effective against an incompetent person who is not represented by a guardian? I am curious to know the what foreclosure attorneys think.

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>





From: wsbarp-bounces at lists.wsbarppt.com On Behalf Of Umar Gebril
Sent: Tuesday, November 16, 2021 3:29 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Referral for Foreclosure Redemption

That's a great, on-point question. The homeowner in this case is 80+ years old and the family believes is suffering from dementia.

Any referrals appreciated.

Umar Gebril
Attorney | Managing Partner
Cascade Law, PLLC
1604 Hewitt Ave, Suite 515
Everett, WA 98201
425.300.5616

Confidentiality Notice: This e-mail message, from Cascade Law, PLLC, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. The recipient is responsible to maintain the confidentiality of this information and to use the information only for authorized purposes. If you are not the intended recipient (or authorized to receive information for the intended recipient), you are hereby notified that any review, use, disclosure, distribution, copying, printing, or action taken in reliance on the contents of this e-mail is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail and destroy all copies of the original message.

From: <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Rod Harmon <rodharmon at msn.com<mailto:rodharmon at msn.com>>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Date: Tuesday, November 16, 2021 at 3:26 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Referral for Foreclosure Redemption

If the homeowner is incompetent to manage his estate, is a nonjudicial trustee's sale effective against him?

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.rodharmon.com%2F&data=04%7C01%7C%7Cb27acba021e742426fab08d9a959da41%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637727025645418905%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=rp6giApslQGj0cPXD%2BX4ElhQANP8natD0mz0d%2Birgbk%3D&reserved=0>
   rodharmon at msn.com<mailto:rodharmon at msn.com>




From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Tuesday, November 16, 2021 10:35 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Referral for Foreclosure Redemption

If it was a non-judicial foreclosure of the deed of trust by the trustee there is no right of redemption.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Umar Gebril
Sent: Tuesday, November 16, 2021 10:28 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Referral for Foreclosure Redemption

Listmates,

I have a friend who needs urgent help - the PC's elderly father-in-law had his home sold by Trustee's Deed on 11/5. The family only recently became aware of the sale in the past week, and are worried the father will be homeless next week as the 20 day eviction timeframe lands right on Thanksgiving. They wish to exercise their right of redemption to buy back the home for him and keep the property in the family.

Looking for anyone who handles and is familiar with right of redemption, self-referrals welcomed.

Thank you,

Umar

Umar Gebril
Attorney | Managing Partner
Cascade Law, PLLC
1604 Hewitt Ave, Suite 515
Everett, WA 98201
425.300.5616

Confidentiality Notice: This e-mail message, from Cascade Law, PLLC, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. The recipient is responsible to maintain the confidentiality of this information and to use the information only for authorized purposes. If you are not the intended recipient (or authorized to receive information for the intended recipient), you are hereby notified that any review, use, disclosure, distribution, copying, printing, or action taken in reliance on the contents of this e-mail is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail and destroy all copies of the original message.
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