[WSBARP] Deed of Trust Enforceability Issues

[Mark Anderson]

Dear All:

I could use your help with a scenario I have not seen before.

August 2012 - Owner purchased property from Seller.  Owner gave Seller a Note secured by a DOT on the property.  Note was payable over 7 years.
August 2014 - Owner stopped making payments.  Seller took no action to enforce the Note or DOT.  (I know the six-year statute of limitation began to run at this point for enforcement of the principal obligation.)
September 2019 - Seller paid (advanced) property taxes on behalf of Owner to avoid a tax sale.  Owner continued to not make payments.  Seller again took no action to enforce the Note or DOT.
October 2024 - property is up again for a tax sale.

(Note: I have no idea why the Seller has never taken any action to enforce the note or DOT.)

Questions:

  1.  Did the September 2019 payment of taxes affect the statute of limitations for enforcing the DOT?  If so, how?
  2.  Does the DOT still secure repayment of the additional amounts advanced under the Note, even if it (I think likely) does not secure repayment of the original amounts due and owing under the Note?
  3.  Independent of the Note and DOT, does the payment of property taxes on behalf of Owner give Seller any right to file a lien against the property in advance of the tax sale?

Thanks in advance for any answers or other insights you can provide.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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