[WSBARP] Tax Foreclosure Sale and Personal Property

Lynn Clare lynnclare at clarelawfirm.com
Tue Dec 19 09:30:44 PST 2023


 I have a friend who used to do WA foreclosures but isn't on the list -
let's see what she knows.

On Mon, Dec 18, 2023 at 2:48 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> 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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>
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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>
> wrote:
>
> Anyone?
>
>
>
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>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> 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>
> *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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