The
Washington Supreme Court recently held in Albice v. Premier Mortgage
Services of Washington, Inc. that a failure to comply with
a statutory requirement relating to the timing of a non-judicial foreclosure sale
invalidated that sale. According to RCW
61.24.040(6), a trustee may continue a sale only up to 120 days from the
original sale date. The sale in this
case was invalid because it took place 161 days from the original sale date.
Washington
condominium and homeowners associations also face judicial scrutiny if they
fail to comply with all applicable statutory requirements relating to their foreclosures. Association boards should strive to make their
foreclosures above reproach from a procedural standpoint. Consulting with an experienced community association
attorney on a regular basis is the best way to achieve that goal.
