[WSBARP] Deed of Trust Foreclosure

Mon May 15 15:56:18 PDT 2023

As long as there has not been a 6 year gap between payments, the SoL has not expired.  Note the last sentence of RCW 4.16.270

Lenard L Wittlake, PLLC

Attorney & Counselor at Law

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Joseph McIntosh
Sent: Monday, May 15, 2023 12:25 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Deed of Trust Foreclosure

The statute is tolled for the partial payments. 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Britt, Christopher
Sent: Monday, May 15, 2023 12:11 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed of Trust Foreclosure

Most likely there is "non- waiver" language in the deed of trust but, more importantly,  every payment missed is another breach

On Mon, May 15, 2023, 12:08 PM <Jeff at bellanddavispllc.com> wrote:

Listmates:

Promissory Note, secured by Deed of Trust, was payable in full on July 1, 2016.  Maker could not pay in full, and Holder agreed to continue taking monthly payments.  Payments have been sporadic but continued into 2023.  Now several months behind and Holder would like to foreclose.  Is the a statute of limitation problem?

Jeff Davis  

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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