[WSBARP] Deed of Trust Enforceability Issues

Tue Nov 5 17:07:30 PST 2024

Thanks for weighing in, Randy.  I wanted to see what was enforceable and what was not.

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)
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Randy Boyer
Sent: Tuesday, November 5, 2024 1:23 PM
To: Real Property Listserve <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed of Trust Enforceability Issues

Mark,

Case law holds that the SOL continues as long as payments are due.  The final payment was due in 2019.  So Seller has 6 years after the date that payment was due.  A Judicial foreclosure should be initiated right away.

Randy M. Boyer                                                 ______
Attorney, WSBA# 8665
Law Office of Randy M. Boyer, Inc. P.S.
7017 196th St. S.W.  Lynnwood, Washington 98036
• 425.712.3107|   Fax 425.778.2274
mail to: randyedlynlaw at gmail.com<mailto:randyedlynlaw at gmail.com>
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On Nov 5, 2024, at 1:08 PM, Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>> wrote:

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/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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