A husband and wife owned a home that was foreclosed. The wife moved out months prior to the foreclosure auction. The purchasers at the foreclosure auction served legal notices on the husband, but did not name the wife in the notices. The foreclosure purchasers served two notices—a “twenty-day” notice to vacate, and also a statutory notice all foreclosure purchasers are required to serve on occupants after a foreclosure auction. The husband did not vacate the home. The foreclosure purchasers brought an eviction (unlawful detainer action) against the husband. The husband argued that the notices served prior to the eviction lawsuit […]
Foreclosure and Eviction
8 posts
The successful bidder at foreclosure is generally entitled to possession twenty days following the foreclosure sale. If the occupants do not vacate, the party who purchased at the foreclosure auction must bring an eviction action against the occupants. Sometimes the former property owner will attempt to avoid eviction by claiming the foreclosure process was procedurally defective. A Washington homeowner can defend against foreclosure by showing that the beneficiary of the deed of trust is not the holder of the note.[1] An post-foreclosure eviction case in which the former owner made this argument recently went to the Washington Court of Appeals.[2] […]
A woman took out a mortgage on her home in Burien, Washington.[1] She lived in her home and also in it operated an adult family home. A few years later she was behind on payments. Her lender began the foreclosure process. She successfully negotiated a loan modification, the terms of which required her to make a certain $10,000 payment. She made the payment. Despite the fact that the homeowner made the agreed $10,000 payment, the trustee continued the foreclosure sale anyway at the direction of the lender. The homeowner arrived home one day and was handed the notice […]
The buyer of a house at a foreclosure auction is generally entitled to possession twenty days after the foreclosure sale, but with protections of tenants of the former owner under both state and federal laws. If the occupants to not vacate, the buyer may evict via an unlawful detainer action the occupants of the foreclosed property. A recent Washington Supreme Court case clarified that attorney fees are not available in a post-foreclosure eviction action.[1] If you have purchased a foreclosed property that has occupants, and have questions about obtaining possession – contact our law firm for a free initial […]
A man with a learning disability and limited education lost his job in 2008, and soon fell over $10,000 behind on property taxes. The county had not yet issued a certificate of delinquency, but the homeowner felt desperate to borrow against the significant equity in his home and pay the taxes to save his house. The homeowner met a mortgage broker. The homeowner thought the mortgage broker was arranging a loan. In reality, the homeowner deeded his house away to an investor and entered a lease with an option to buy-back.
New federal and state laws protect tenants whose landlords are foreclosed. According to the article “Your landlord got foreclosed. Do you have to go?” on CNNMoney.com, some banks, real estate agents, and attorneys may be preying on tenants not familiar with these laws.
New federal as well as state laws protect tenants when the landlord’s property is foreclosed upon.
NOTE: This information in this article has been superseded by subsequent legislation. See New Laws Protect Tenants When Landlord is Foreclosed An eviction notice is required for most evictions in Washington. However, case law establishes that such a notice is not required to evict someone after foreclosure. Twenty days after foreclosure the successful bidder at the trustee’s sale has an immediate right to possession. If after twenty days from the trustee’s sale the previous owner is still in possession of the property the new owner must bring an eviction action to exercise the right to possession. However, no eviction […]