[WSBARP] Tax Foreclosure Sale and Personal Property

[Paul Neumiller]

Thank you for your thoughts.  Chapter 84.64 only discusses the sale of the “real property” and the sale is AS-IS.  The contents of a tax-foreclosed house is not discussed and the multiple definitions of “real property" do not include personal property. A FastCase search was unproductive.   I have read the FAQ of multiple county websites and none discuss the personal property left in the home (other than they cannot give legal advice if the residence is occupied.)  There must be an attorney on this list who has clients who regularly buy tax-foreclosed property to flip and has addressed this issue.


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From: Lynn Clare <lynnclare at clarelawfirm.com>
Sent: Monday, December 18, 2023 2:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; pneumiller at hotmail.com
Subject: Re: [WSBARP] Tax Foreclosure Sale and Personal Property

My only experience of this 1) was in Grays Harbor County and 2) came completely undone when the Owner reappeared out of the blue and had my client's ownership of the property revoked.

That court said, in passing, that it had been "appropriate" for my client to dispose of the personal property left in the home since she had a good faith belief that she was now the owner.

Later, when it turned out the county had failed to do a diligent search for the missing owner and sold the property unlawfully, the lost personal property was put at the end of the list of damages the county owed the true owner.

Don't know if that helps, since it was more of an incidental comment during the proceedings and not what the case was about at all. (FWIW, I tried to argue that the county had done all they had to do, and the County threw me under the bus at the hearing - basically admitted that they had screwed the missing owner by selling the house to my client --- but that meant my client was also a victim. So she didn't get the house, but she got all her money back, some damages, and her attorney fees and costs.)

On Mon, Dec 18, 2023 at 1:13 PM Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
Anyone?


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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 Paul Neumiller
Sent: Friday, December 15, 2023 12:52 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Tax Foreclosure Sale and Personal Property

Not finding an answer via Fastcase or statutes.  Client buys house at county tax foreclosure sale.  Debtor (“a bit of a hoarder”) appears to be long gone.  What can purchaser/client legally do with the debtor’s personal property and abandoned vehicles on real property.  (Not addressing title issues and three year wait period in this post.)


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