May 31, 2012

Washington Supreme Court Invalidates Foreclosure Due to Violation of State Law

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.