Wash. Rev. Code § 6.23.030

Current through the 2024 Regular Session

Section 6.23.030 - Notice to be given during redemption period-Effect of noncompliance-Form of notice and affidavit

(1) If the property is subject to a homestead as provided in chapter 6.13 RCW, the purchaser, or the redemptioner if the property has been redeemed, shall send a notice, in the form prescribed in subsection (3) of this section, at least forty but not more than sixty days before the expiration of the judgment debtor's redemption period both by regular mail and by certified mail, return receipt requested, to the judgment debtor or debtors and to each of them separately, if there is more than one judgment debtor, at their last known address or addresses and to "occupant" at the property address. The party who sends the notice shall file a copy of the notice with an affidavit of mailing with the clerk of the court and deliver or mail a copy to the sheriff.

(2) Failure to comply with this section extends the judgment debtor's redemption period six months. If the redemption period is extended, no further notice need be sent. Time for redemption by redemptioners shall not be extended.

(3) The notice and affidavit of mailing required by subsection (1) of this section shall be in substantially the following form:

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR . . . . COUNTY
Plaintiff,			CAUSE NO.
vs.		}	NOTICE OF EXPIRATION OF
Defendant.			REDEMPTION PERIOD
TO: [Judgment Debtor]
THIS IS AN IMPORTANT NOTICE AFFECTING YOUR RIGHT TO RETAIN YOUR PROPERTY.
NOTICE IS HEREBY GIVEN that the period for redemption of the following described real property ("the property") is expiring. The property is situated in the County of . . . . . ., State of Washington, to wit:
. . . . . . [legal description] . . . . . . and commonly known as . . . . . ., which was sold by . . . . . ., . . . . . . County Sheriff, in . . . ., . . . . . . County, Washington on the . . . . day of . . . . . ., (year) . . . ., under and by virtue of a writ of execution and order of sale issued by the court in the above-entitled action.
THE REDEMPTION PERIOD FOR THE PROPERTY IS . . . . MONTHS. THE REDEMPTION PERIOD COMMENCED ON . . . . . ., (year) . . . ., AND WILL EXPIRE AT 4:30 p.m. ON . . . . . ., (year) . . ..
If you intend to redeem the property described above you must give written notice of your intention to the . . . . . . County Sheriff on or before . . . . . ., (year) . . ..
Following is an itemized account of the amount required to redeem the property to date:
Item				Amount
Purchase price paid at sale						$
Interest from date of sale to date of this notice at ... percent per annum						$
Real estate taxes plus interest						$
Assessments plus interest						$
Liens or other costs paid by purchaser or purchaser's successor during redemption period plus interest						$
Lien of redemptioner						$
TOTAL REQUIRED TO REDEEM AS OF THE DATE OF THIS NOTICE						$
You may redeem the property by 4:30 p.m. on or before the . . . . day of . . . . . ., (year) . . . ., by paying the amount set forth above and such other amounts as may be required by law. Payment must be in the full amount and in cash, certified check, or cashier's check. Because such other amounts as may be required by law to redeem may include presently unknown expenditures required to operate, preserve, protect, or insure the property, or the amount to comply with state or local laws, or the amounts of prior liens, with interest, held by the purchaser or a redemptioner, it will be necessary for you to contact the ...... County Sheriff at the address stated below prior to the time you tender the redemption amount so that you may be informed exactly how much you will have to pay to redeem the property.
. . . . . . SHERIFF-DIRECTOR, . . . . . . COUNTY, WASHINGTON.
		By . . . . . . . . . ., Deputy
		Address . . . . . . . . ..
		City . . . . . . . . ..
			Washington 9 . . ..
		Phone ( . . .) . . . . . . . . ..
IF YOU FAIL TO REDEEM THE PROPERTY BY 4:30 p.m. ON OR BEFORE THE . . . . DAY OF . . . . . ., (year) . . . ., THE DATE UPON WHICH THE REDEMPTION PERIOD WILL EXPIRE, THE PURCHASER OR THE PURCHASER'S SUCCESSOR WILL BE ENTITLED TO POSSESSION OF THE PROPERTY AND MAY BRING AN ACTION TO EVICT YOU FROM POSSESSION OF THE PROPERTY.
DATED THIS . . . . DAY OF . . . . . ., (year) . . ..
				[Purchaser]
				By
				[Purchaser's attorney]
				Attorneys for
STATE OF WASHINGTON
COUNTY OF				}	ss.
The undersigned being first duly sworn on oath states: That on this day affiant deposited in the mails of the United States of America a properly stamped and addressed envelope directed to the judgment debtor at the address stated on the face of this document and to "occupant" at the property address, both by certified mail, return receipt requested, and by first-class mail, all of the mailings containing a copy of the document to which this affidavit is attached.
SIGNED AND SWORN TO BEFORE ME THIS
. . . . DAY OF . . . . . ., (year) . . . ., BY . . . . . . (name of person making statement)
			. . ..
			Title . . ..
			My appointment expires
			. . . . . ., (year) . . ..

RCW 6.23.030

Amended by 2016 c 202,§ 2, eff. 6/9/2016.

1987 c 442 § 703; 1984 c 276 § 5; 1981 c 329 § 6. Formerly RCW 6.24.145.

Application-1984 c 276: See note following RCW 6.21.020.

Severability-1981 c 329: See note following RCW 6.21.020.