Legal Question in Real Estate Law in Washington

foreclosure and trustee sale

My home was in foreclosure status with a trustee sale date set. We made an agreement with them to modify our loan to make up back payments. As agreed we sent them $5000 and were supposed to get a contract to sign. They accepted the money but never followed thru. Would the acceptance of that money make a trustee sale invalid?


Asked on 4/09/07, 11:33 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: foreclosure and trustee sale

You need to write to these people and make sure that your understanding of the agreement you reached was exactly the same as their understanding.

Do not do this with a phone call, as that's not trackable, whereas with a letter you can prove what you said and when.

Read that notice of trustee's sale carefully. If you do not file suit within that timeline you lose. The house.

Their acceptance would create what's called an accord and satisfaction, so long as they acknowledge accepting the payment.

If you don't get this straightened out in the next few days contact the Attorney General's Division of Financial Institutions.

Don't wait, and do this in writing.

Hope this helps. Powell

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Answered on 4/10/07, 10:25 am


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