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
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Pham, a Seattle residential landlord, bought a rental property at foreclosure. It was metered for five units, so he assumed it was properly permitted for five living units. It turned out that the building was only permitted as a triplex. Pham rented Unit 5 to Corbett and Morgan. The tenants often paid rent late or in installments. The tenants complained to the landlord about the rental unit’s condition, including rats, a lack of railings on an outside deck, and leaking water/sewage issues. The tenants stopped paying rent after the lease ended, but remained in possession. The landlord served a notice […]
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 […]
To start an eviction lawsuit in Washington (a.k.a. an unlawful detainer action) the landlord must first serve applicable notices such as a notice to pay rent or vacate, comply or vacate, or a notice to terminate a month to month tenancy. Next, the landlord must serve a summons and a complaint. The same type of documents are the starting point in any lawsuit—although the exact content of course varies in evictions from other types of lawsuits. The same strict rules about how to serve the summons and complaint applies in evictions as in other lawsuits, essentially requiring that a disinterested […]
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 […]