WA State. Cannot gain entry to home after Trustee Sale.

[WesternWashington]

Hi all Loansafers,

On Friday July 27, our condo sold at auction. Later that day, I spoke with the gentleman who purchased the unit. I told him were had moved out but still had some belonging in the unit. I told him I would contact him before the 20 days were up to give him the keys. Today, July 30, I went to the condo to retrieve some of the belongings that would fit in my car. At that time I realized he had the locks changed. I called him and expressed my dismay at the situation. He said it was vacant and I did not have any right to the unit as he was now the new owner. He said I could call him and he would have the remainder of our belongings outside waiting for us.

Do I have rights to the unit up to 20 days after the sale? I have spoken to the police and bank... they said contact an attorney.

[Evan Bedard]

Do I have rights to the unit up to 20 days after the sale? I have spoken to the police and bank... they said contact an attorney.

I am very sorry to hear what has happened and you may very well want to contact a local real estate attorney to get their opinion. I'm not positive, but this may be legal since he does technically now own the property and no one was residing in the home at the time. Generally, when a homeowner moves from the property before the foreclosure auction the bank will do the same and change the locks to protect their interests in the home. If this is legal I would just try just talking to him again and asking if you could meet up at a certain time and day to collect the rest of your belongings. That would be ridiculous if he just left everything on the front lawn.

Here is a good link that will help you find some reputable real estate attorneys in your area.

National Association of Consumer Advocates | Consumer Protection Advocates and Attorneys - Help for Consumers

[WesternWashington]

Well after 2 more discussions with the local PD that got me no where, I now have retained an attorney. For those of you in WA State, YOU DO have 20 after the sale date to remain in your home. Right now, we have the new owner on Trespassing, Conversion and Violation of the Deed of Trust Act. This is gonna get interesting quickly.

[Evan Bedard]

Well I'm glad to hear you have got a case going and hopefully the lawyer can get things going in a timely matter. I'm very interested in hearing the outcome of this so please keep us posted on your progress!

[katwalker]

I am interested in hearing how this comes out. But at the same time.... did you get your stuff back? If so, why not just let it go. What good can come of this?

[Evan Bedard]

I think if the new owner would of been a little more civil about the issue it would have not of gone this far. When your property is foreclosed on you are not kicked out right away and in almost any state will have at least 14-30 days before an eviction is filed..

[walkinaway]

Please let us know what happens!!! This is facinating as Im in washington state too and plan to travel and leave stuff in the house while were gone

[WesternWashington]

I am interested in hearing how this comes out. But at the same time.... did you get your stuff back? If so, why not just let it go. What good can come of this?

Why not let it go? Really? Why on earth would I let some arrogant DB run all over me? I have rights and he is doing his best to take them away from me. From what I am learning he maybe doing this to other previous owners as well. So to answer you... What good can come of this? He has locked me out of the home that the State Of Washington tells me I have the right to occupy. You need to stand up for yourself when people do you wrong and you "TRY" to settle this in an adult manner. When the other party does not play along, you find an attorney and do you best to teach people like this that it is NOT okay to treat people like trash.

Never once was this about my belongings. This was about being bullied and treated unfairly when there are rights given to me by the State of Washington.

[katwalker]

I am not saying that he is not a DB.... but I also don't think that you will get any satisfaction from your legal pursuits. I understand that you were honest with him and tried to settle things in an adult manner, but you told him that you had moved out. If he believed the unit to be vacant (defined as no one living there) I think he can change the locks and take possession.

It is also interesting to me that you were in touch with the buyer so soon after the auction. How did you find out who the buyer was? Did he contact you? The trustee sale auctions I have attended (and where I was a buyer), there was no public notice of the who the buyer was until it was recorded with the county.

[WesternWashington]

Due to writing my original post so quickly, it should have read "we were in the process of moving out" vs. "moved out". We indeed had found a new place to live, but we're still going back and forth between the properties to retrieve belongings. Now why would he think the unit was vacant when I expressly told him that I had belongings in the unit and I was still moving things out? We agreed on the phone the day the unit sold that he was not to enter the property.... He agreed to that. He agreed to wait to hear back from me when I was to give him the keys. Who knows... maybe he got my unit mixed up with another unit he purchase?

I was contacted by the buyer the afternoon that the unit sold. It was not me who made first contact.

The reason for the legal pursuit was due to his aggressiveness, unwillingness to adhere by the laws that protects the homeowner in a foreclosure and being down right rude. Like I mentioned in my original posting, he said he did the same thing (changed locks) on 5 other properties. Since I don't take it lightly when someone takes away my rights, I will do what I can to possibly curb this from happening to others. I do not know for certain if the other properties he purchased were indeed vacant or if he had similar conversations with other homeowners like he did with me. I just know he does not have the right to do what he has done to me and my family. Since he did not want to deal with this in a calm and decent matter, I had to take his advice and get an attorney.

Will I be satisfied if I only get my belongings and not retrieving them from the front stoop? Sure. Will I be satisfied if he thinks twice about using this tactic again in the future? Absolutely.

What other options where available to me when the other party was unwillingly to play by the law? The police were not interested in my situation as they saw it as a civil matter. For those interested here is the RCW 61.24.060: Rights and remedies of trustee's sale purchaser ? Written notice to occupants or tenants.

[KimberlyS]

Western Washington- I just want to chime in and say I'm glad you're pursuing a case with something so obviously a violation of your rights.