Washington Liens and Foreclosures

I recently encountered a situation where the parties were contemplating a secured transaction – a note secured by a deed of trust against Washington commercial realty – and the question raised was how to designate the beneficiary in the deed of trust (the parties’ objective was probate avoidance and, without going into detail, there were complexities associated with the intended distribution).   The answer is an un-intuitive one – it probably does not matter.  We can glean th

A tax deed generally vests clear title to the tax parcel in the grantee. RCW 84.64.080.  The conveyance of clear title is conditioned,...

In a Washington deed of trust, the grantor gives the trustee the power of sale over the encumbered property.  If the borrower defaults on...

A deed-in-lieu of foreclosure is a voluntary transfer of title by the distressed homeowner to the lender / mortgagee.  The deed-in-lieu...

Washington’s homestead exemption has received recent attention due to its significant increase.  The amount went from a fixed $125k to a...

At a Washington foreclosure sale, whether trustee or sheriff sale, the foreclosing lienholder typically begins bidding with a credit...

It can be.    Similar to a mortgage auction, the opening bid at a tax lien sale is the delinquent debt.  RCW 84.64.080. Because tax debt...

The security instrument used in almost all lending transactions in Washington is the deed of trust, not the mortgage.  This is because...

There has been some recent Washington litigation by borrowers alleging trustee’s fees, which are added to the secured debt, were inflated...

Prices at trustee auctions are discounted because the sales are cash-only, there is no legal opportunity to inspect the property prior to...

Most legal practitioners, and many non-practitioners in the real estate industry, are aware of the legal proposition that a foreclosure...