Old 09-03-2008, 11:20 PM   #1 (permalink)
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Question Help with pending foreclosure in WA

Thank goodness I found this site. I have been trying to find info on WA forclosure laws and how you go about contesting/delaying in court but for WA all I can find is how the process works for the lender.

I hope someone can tell me if the following will be enouth to do this.

The home is my parents but according to the NOTS anyone can bring a lawsuit to restrain the sale. The trustee has made the following errors in their paperwork and on the notices in the paper so I need to find out if this would be a valid reason for a judge to stop the sale.

1. They say that there have been no payments from Feb 2008 on but the truth is that while the loan was behind it was paid through April. (Default notice was sent out in June).

2. 2007 taxes were not paid and the trustee has them listed as 1,576.41 but I called and the real back taxes owing are 1,078.21

As I understand it when this goes to auction the starting price is what is owing on the loan plus the foreclosure costs so isn't this them asking for more then is really owing on the property? I also read that the trustee figures part of it's fees/costs on the total delinquency so would not that also be inflated? And is this something that a judge would rule that they have to start the process over?

I want to buy the property but to pre-qualify for what I need my loan officer says I need to take care of two old accounts, a old cable and phone bill. I can do this if I had another couple of months but the auction is set for Sept 19th and Greentree says no way they are waiting.

If this is a valid reason to bring suit to stop the sale can anyone tell me how to file it and which court I go through?

Any help, ideas, prayers?


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Old 09-04-2008, 03:37 AM   #2 (permalink)
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Re: Help with pending foreclosure in WA

David,
Welcome to the forum and thank you for joining. *** or Moe will be by to give you some good direction and advice. Especially concerning document violations, it may be to your advantage to have a lawyer check those out.
Good luck with your process and don't lose hope!!
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Old 09-04-2008, 07:46 AM   #3 (permalink)
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Re: Help with pending foreclosure in WA

Hi David,

Welcome to the forum and thank you for joining...............


It sounds like you are wanting to do this yourself, but because your time is limited in relation to the sale date, you might want to at lease consult with a Real Estate/Foreclosure attorney familiar with the foreclosure laws in your state, just for a couple of hours to go over your questions, concerns, and the documents that you have questions on.......

National Association of Consumer Advocates – Consumer Protection Advocates and Attorneys


Washington Foreclosure Law
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Old 09-04-2008, 08:01 AM   #4 (permalink)
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Re: Help with pending foreclosure in WA

Thank you for the reply. I tried the links, the foreclosure laws I have read before. They don't address how to challange the sale. The legal site did not return even one match for my area for legal help.

Any other help would be very welcome.
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Old 09-04-2008, 08:52 AM   #5 (permalink)
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Re: Help with pending foreclosure in WA

Here is the site asscociated with the Washington Bar Association and you can also find an attorney through them..........



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