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FORECLOSURE DEFENSE NEWS AND INFORMATION - Washington |
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Foreclosure defense forms must be drafted to comply with the laws of your State. Standardized forms for all States are generally not acceptable. We provide attorneys and you with the state-specific forms that are correct and valid. Free Previews available. All forms are available in Word format.
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COURT OF APPEALS DECISION DEMONSTRATES THE IMPORTANCE OF ACTING QUICKLY TO ENJOIN A FORECLOSURE IN WASHINGTON |
The Decision by the Court of Appeals of Washington (Division One) in the case Brown v. Household Realty, 146 Wn. App. 157 (2008) underscores how important it is for homeowners to take prompt legal action if they wish to defend against a foreclosure.
The plaintiffs sought damages for the alleged fraudulent conduct of the lender, including misrepresentations regarding fees and interest associated with the subject loan. However, the Plaintiffs did not commence their legal action until after the foreclosed the deed of trust. The lower court’s decision, which dismissed the Browns complaint against their lender, was upheld by the Court of Appeals. Both the trial court and the appellate court held that because the Browns failed to seek any relief prior to the trustee’s sale, they had waived their claims. In reaching its decision, the Court of Appeals quoted the Washington Supreme Court’s decision in Plein v. Lackey, 149 Wn.2d 214, 227 (2003), in which the Court ruled that pre-sale remedies provided homeowners with a adequate opportunities to protect their rights.
In light of the decisions described above, it is essential that when faced with foreclosure, homeowners take immediate legal action by filing a Complaint to Enjoin the Trustee’s Sale.
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NON-JUDICIAL FORECLOSURE IN THE STATE OF WASHINGTON
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- The Non-Judicial Foreclosure Process:
- The vast majority of foreclosures in Washington are accomplished
through non-judicial foreclosure. As a result, property owners must
initiate court proceedings if they wish to stop a trustee's sale.
- The basic procedures and time periods applicable to trustees'
sales are set6 forth in section 61.24.040 of the Revised Code of
Washington.
- A lender must send a Notice of Default at least 30 days prior
to attempting to sell the property. The Notice of Default must set
forth the details of the alleged default and costs of foreclosure.
It must be sent via certified or registered mail.
- A property owner may cure a default up to eleven (11) days prior
to the scheduled sale.
- Court Proceedings by Property Owners to Stop Foreclosures:
If a property seeks to stop a trustee's sale by commencing legal action in court,
he or she may assert defenses to foreclosure which pertain to the initial
loan documents. Olsen v. Pesarik, 118 Wn. App. 688 (2003): Statutes
of limitation which might otherwise serve as a bar to claims are not
applicable to defenses to nonjudicial foreclosures asserted by plaintiff's
in the context of actions to enjoin trustees' sales:
Excerpt from decision:
"Statutes of limitation never run against defenses arising out of the transactions
sued upon." "`[A]s [long] as the courts will hear the plaintiff's case, time will not bar
the defense which might be urged thereto and which grew out of the transaction
connected with the plaintiff's claim . . .'". Recoupment or offset is one of the
defenses that is not barred by the statutes of limitations "so long as the main action
itself is timely." (internal citations omitted)
Particularly in matters involving high-interest loans, property owners may wish to consider allegations against their lenders based on fraud and the Federal Truth in Lending Act.
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Mortgage Foreclosure Information and News for all Fifty States. Select Your State
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Disclaimer
This compendium of mortgage foreclosure forms, information and news is provided to homeowners, legal organizations, and the general public as a free public service by Empire State Legal Forms, Inc. The information and forms provided on this site are not legal advice, but general information on legal issues commonly encountered. We are not a law firm, and our forms are not a substitute for an attorney or law firm. We provide legal forms at your specific direction. because the law changes rapidly, we cannot guarantee that all of the information on this site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool can fit every circumstance. Furthermore, the legal information contained on this site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
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