[WSBARP] Eviction after Property Tax Foreclosure

[scott at scottgthomaslaw.com]

Those smarter than myself have told me that ejectment is the proper action.  But I have always advised my clients to pay cash for keys.  Quicker, cheaper and fewer problems (such as redemption).

 

From: wsbarp-bounces at lists.wsbarppt.com <w, sbarp-bounces at lists.wsbarppt.com> On Behalf Of Scott Russon
Sent: Thursday, February 24, 2022 12:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Eviction after Property Tax Foreclosure

 

Client purchased real property at a County Tax Foreclosure Sale under RCW 84.64.  After tax deed was issued to client, prior owners refuse to vacate.

 

Can anyone point me in the right direction as to the process to evict the prior owners?  They are not tenants, so RCW 59.18 does not apply.  The unlawful detainer process under RCW 59.12 does not seem to apply -- RCW 59.12.032 and RCW 61.24.146 only allow for evictions after deed of trust foreclosures.  I didn’t see anything under the tax foreclosure statute discussing removal of owners/tenants as is provided in the deed of trust foreclosure statute.  Would it be an ejectment under RCW 7.28?

 

How much notice is needed before filing suit to evict?  20 days notice is all that’s required for Deed of Trust foreclosures (RCW 61.24.060), so that seems reasonable.

 

Does someone have a Complaint for evicting after a tax foreclosure they are willing to share?

 

Sincerely yours,

 

SCOTT E. RUSSON

Attorney at Law

 

Yates Marshall, PLLC

10000 N.E. 7th Avenue, Suite 200

Vancouver, WA 98685

Phone: (360) 449-6100

Fax:    (360) 449-6111

 

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