[WSBARP] Estate Property in Foreclosure

Kelby Derenick kelby at derenicklaw.com
Fri Jan 13 15:14:58 PST 2023


Try calling the trustee and see if they will just continue the sale date.
This has worked for me in the past.  Then put it on the market asap.  I
have restrained sales in the past but it has to be for a narrow set of
reasons within RCW 61.24 et seq.  Maybe the trustee did not follow the
correct procedures with the notice of sale.  One time I restrained a sale
because the trustee failed to have an office in the state.  Another time
the amount owed in the notice of sale was incorrect by a
significant amount.  It is rare to have a legitimate reason but usually the
trustee will at least continue it once.

Kelby J. Derenick
Attorney

*10018 Greenwood Ave. N*
*Seattle, WA 98133*
*Ph. (206) 659-5061*


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On Fri, Jan 13, 2023 at 11:10 AM Haylee Hurst <haylee at bellinghamlegal.com>
wrote:

> PC is the PR of an estate and the real property is apparently in
> foreclosure for failure to pay the mortgage while the PR is trying to
> secure life insurance proceeds. It looks like this is late in the game and
> a sale is already scheduled for the end of March. PC needs to delay the
> sale until the estate can either pay off the mortgage or sell the property,
> but, looking at the statute it appears the sale can't be enjoined unless
> the estate pays the amounts due under the mortgage into the court registry,
> which seems to defeat the point. Thoughts? I'm happy to pass on any
> referrals if this is in someone's wheelhouse. Property is in Whatcom
> County.
>
> --
> Haylee Hurst
> Wolf Lee Hurst & Slattery, PLLP
> (p) (360) 676-0306 ext. 1002
> (d) (360) 602-3826
> haylee at bellinghamlegal.com <Haylee at bellinghamlegal.com>
> www.bellinghamlegal.com
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