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I live in WA State a non-judicial foreclosure state requiring a recorded assignment of subsitute trustee prior to NOS.

Olympia, WA |

Does this law http://apps.leg.wa.gov/rcw/default.aspx?cite=64.08.070 apply and if so, would a
flawed corporate acknowledgement create a non-compliance invalidating the NOS, this applied to no ambiguity in real property issues http://caselaw.findlaw.com/wa-supreme-court/1580167.html (Para; 18 & 19)?

Attorney Answers 4


  1. The nuances of foreclosure law are numerous. If you're considering legal action in that relm do yourself a favor and secure the services of an attorney. Your knowledge of the law will be very helpful in that setting but you'll do well to have an attorney as your partner.

    Good luck.

    Evan A. Nielsen
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    Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.


  2. Your best bet will be to go to one of the many free legal service such as the one set up by the state bar for foreclosure help. You have very short timelines for mediation help.
    Good Luck

    Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes


  3. As one old professor of mine used to say, "It always depends." There are too many variables that could play a role in the answer to your question. Where are you at in the process? What is your ultimate intention with regards to the property? Is Bankruptcy an option so that you can use the Bankruptcy court process to sort this out? I would agree with the other attorney's advice. You should contact an attorney immediately.

    Disclaimer: I provide information about the law designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although I go to great length to make sure my information is accurate and useful, I recommend you consult a lawyer if you want professional assurance that my information, and your interpretation of it, is appropriate to your particular situation.


  4. It is not immediately apparent how the case you linked to relates to an appointment of successor trustee (which is what I assume you meant by "assignment of substitute trustee"). The statute you've cited provides the form for a corporate acknowledgement, but RCW 42.44 provides other forms. As the others have stated, an attorney will not be able to give you advice as to how the statute or case law will apply to your situation without a more detailed explanation of the facts and what it is you're trying to accomplish.

    I am not your attorney. My response is provided for informational purposes only and does not constitute legal advice.

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