Possession after Judicial Foreclosure (WA)
Recently, the Division 1 Court of Appeals of Washington issued its opinion in the case of Viewcrest Condominium Association v. Robertson, 2016 WL 7470025 (December 27, 2016). The decision by the Court in Viewcrest will need to be considered when evaluating collection of delinquent condominium assessments in Washington. In Viewcrest, the condo association utilized judicial foreclosure to enforce its lien for delinquent assessments owed by Robertson. It obtained a judgment and order of foreclosure, bid and purchased Robertson’s unit at the sheriff’s sale (i.e. the auction), and then offered Robertson the option to remain in the unit during the one-year redemption period in exchange for rent payments. Receiving no response, the association obtained a writ from the court to force Robertson out of her unit. Roberson took issue, arguing that Washington law guarantees her right to remain in her unit until the end of the redemption period following the judicial foreclosure. Read the article…………..
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