[WSBARP] Deed in Lieu & 61.24.060 Eviction? Ejectment?

[Rowley, Rob]

New lender investor client walks in with a recorded non merger deed in lieu
and wants to evict the former owner and all occupants.

I have done numerous 61.24 DOT foreclosures (almost 30 years) where there
is a successful third party / or bank credit bid. Thus, being able to use
61.24.060 to evict attaching the recorded trustee's deed.  Also the trustee
sale helps cut off any arguments by the borrower of a 'wrongful' trustee
sale allowing for a cleaner eviction.  Also the judges understand the case
law (sometimes).



However, all of the cited cases under 61.24.060 envision a completed
trustee sale.



I really do not want to do an ejectment which allows for counterclaims
(i.e. wrongful foreclosure).


Cash for keys is not an option.


What says the brain trust?


Thank you.

Rob Rowley

Spokane





RCW *61.24.060* <http://app.leg.wa.gov/RCW/default.aspx?cite=61.24.060>

Rights and remedies of trustee's sale purchaser—Written notice to occupants
or tenants.

(1) The purchaser at the trustee's sale shall be entitled to possession of
the property on the twentieth day following the sale, as against the
borrower and grantor under the deed of trust and anyone having an interest
junior to the deed of trust, including occupants who are not tenants, who
were given all of the notices to which they were entitled under this
chapter. The purchaser shall also have a right to the summary proceedings
to obtain possession of real property provided in chapter *59.12*
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.12> RCW.

(2) If the trustee elected to foreclose the interest of any occupant or
tenant, the purchaser of tenant-occupied property at the trustee's sale
shall provide written notice to the occupants and tenants at the property
purchased in substantially the following form:

"NOTICE: The property located at . . . . . . was purchased at a trustee's
sale by . . . . . . on . . . . . . (date).

1. If you are the previous owner or an occupant who is not a tenant of the
property that was purchased, pursuant to RCW *61.24.060*
<http://app.leg.wa.gov/RCW/default.aspx?cite=61.24.060>, the purchaser at
the trustee's sale is entitled to possession of the property on . . . . . .
(date), which is the twentieth day following the sale.

2. If you are a tenant or subtenant in possession of the property that was
purchased, pursuant to RCW *61.24.146*
<http://app.leg.wa.gov/RCW/default.aspx?cite=61.24.146>, the purchaser at
the trustee's sale may either give you a new rental agreement OR give you a
written notice to vacate the property in sixty days or more before the end
of the monthly rental period."

(3) The notice required in subsection (2) of this section must be given to
the property's occupants and tenants by both first-class mail and either
certified or registered mail, return receipt requested.

-- 

Robert R. Rowley

Attorney & Counselor At Law

p: 509.252.5074  m: 509.994.1143

f: 509.519.1406

a: 7 S Howard St, Ste 218, Spokane, WA 99201

w: rowleylegal.com  e: rob at rowleylegal.com

Google Review: https://g.page/r/CTxNMUIBtg1SEAg/review

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