How much time must pass between foreclosure start and final judgment? (WA State)?
Question:
Answer:
In WA there is a deed of trust rather than a mortgage. There will be a "power of sale" clause in the deed, it describes exactly what will happen and the time frame. It should be with all the paperwork you got when you closed. In WA a deed of trust is used and it actually benefits the other side in your case. They do not have to go to court to get a court order to foreclose.
It sounds like the dude sold it to you with this in mind if he didn't wait long. He may also just have had bad experiences, hard to tell without hearing both sides. Bottom line is he is not acting reasonable if you will be able to catch up. You MUST get a lawyer. Call and ask questions on the phone for free until you get one that sounds like he is going to be able to help you.
here is a snippet from the source link: (do not count on there NOT being a power of sale clause and then going by the default. The whole point of a deed of trust is to be able to have this clause)
"Power of Sale Foreclosure Guidelines
If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:
The notice of sale must be transmitted both by regular mail and by certified mail, return receipt requested, to the borrower at their last known address, and by regular mail to the attorney of record for the borrower, if any, not less than 30 days prior to the day of sale.
The sheriff must publish a notice of the sale once a week, consecutively, for 4 weeks, in any daily or weekly legal newspaper of general circulation published in the county in which the property is located. Additionally, the sheriff must also post the notice in two public places, one of which must be the courthouse door, in the county where the sale is to take place for a period of not less than four weeks prior to the day of sale.
Said notice must contain the time and place of the foreclosure sale, the names of the parties to the deed, the date of the deed, recording information, a property description, the terms of the sale, and the borrowers rights (or lack of) redemption.
The borrower has up to 11 days before the sale stop the foreclosure process by paying the past due payments, plus expenses, including trustee and attorney fees.
The sale must be made by auction between 9:00 am in the morning and 4:00 am in the afternoon at the courthouse door on Friday unless Friday is a legal holiday and then the sale must be held on the next following regular business day. The sale may not be conducted less than 190 days from the date of default and the highest bidder will receive a certificate of sale. The sheriff may postpone the sale (not exceeding 1 week next after the day appointed) by giving notice and by posting written notices of the adjournment under the notices of sale originally posted. "
I'm not sure if it's the same in all states but,I do know
in Maine and New Hampshire it takes up to a year for the whole process and they can evict you.
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