[WSBARP] Eviction after Property Tax Foreclosure

Thu Feb 24 19:19:01 PST 2022

Yes, you are correct that redemption options are limited.  But a tax sale can be set aside for a number of reasons related to the jurisdiction of the court.   See, In RE King County for Foreclosure of Liens for Delinquent Real Property Taxes for Years 1985 Through 1988, ,117 Wn.2d 77 (1991).  

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Scott Russon
Sent: Thursday, February 24, 2022 5:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Eviction after Property Tax Foreclosure

I don’t think there’s a right to redeem after a tax foreclosure sale, unless the owner was a minor or incapacitated.  My reading of RCW 84.64.070 is that redemption can only be made up to the day before the sale.

I will discuss cash for keys with my client.

Thanks!

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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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 Kaitlyn Jackson
Sent: Thursday, February 24, 2022 4:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Eviction after Property Tax Foreclosure

Does a cash for keys somehow terminate their right to redeem? 

On Thu, Feb 24, 2022 at 2:51 PM <scott at scottgthomaslaw.com <mailto:scott at scottgthomaslaw.com> > wrote:

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 <mailto:wsbarp-bounces at lists.wsbarppt.com>  <w, sbarp-bounces at lists.wsbarppt.com <mailto: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 <mailto: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

STATEMENT OF CONFIDENTIALITY: The information in this email and attachment(s) is legally privileged and confidential information intended only for the use of the addressee listed on this email. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this email and attachment(s) is strictly prohibited. If you have received this email in error, please immediately notify us by telephone at the number listed above, reply to this email that it was sent in error, then erase the e-mail and attachment(s) from your computer. Nothing in this message is intended to constitute an electronic signature unless a specific statement to the contrary is included in this message.  This e-mail and all responses to this email may be subject to Public Disclosure.  Thank you.

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Dimension Law Group, PLLC

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