Washington Code 6.21.040 – Notice of sale of real property — Form of notice to judgment debtor
Current as of: 2023 | Check for updates
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Terms Used In Washington Code 6.21.040
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Personal property: All property that is not real property.
- sheriff: includes deputies, and "execution docket" refers also to the docket of a district court. See Washington Code 6.01.010
The notice of sale shall be printed or typed and shall be in substantially the following form, except that if the sale is not pursuant to a judgment of foreclosure of a mortgage or a statutory lien, the notice shall also contain a statement that the sheriff has been informed that there is not sufficient personal property to satisfy the judgment and that if the judgment debtor or debtors do have sufficient personal property to satisfy the judgment, the judgment debtor or debtors should contact the sheriff’s office immediately:
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR . . . . COUNTY
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Plaintiff,
vs.
Defendant.
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CAUSE NO.
SHERIFF’S NOTICE TO
JUDGMENT DEBTOR OF
SALE OF REAL PROPERTY
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TO: [Judgment Debtor]
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The Superior Court of . . . . . . County has directed the undersigned Sheriff of . . . . . . County to sell the property described below to satisfy a judgment in the above-entitled action. The property to be sold is described on the reverse side of this notice. If developed, the property address is: . . . . . .
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The sale of the above-described property is to take place:
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Time: . . . . . .
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Date: . . . . . .
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Place: . . . . . .
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If the sale is to be conducted by electronic media, include the web address of the sale website.
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The judgment debtor can avoid the sale by paying the judgment amount of $ . . . ., together with interest, costs, and fees, before the sale date. For the exact amount, contact the sheriff at the address stated below:
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This property is subject to: (check one)
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? 1. No redemption rights after sale.
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? 2. A redemption period of eight months which will expire at 4:30 p.m. on the . . . . day of . . . . . ., (year) . . . .
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? 3. A redemption period of one year which will expire at 4:30 p.m. on the . . . . day of . . . . . ., (year) . . . .
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The judgment debtor or debtors or any of them may redeem the above described property at any time up to the end of the redemption period by paying the amount bid at the sheriff’s sale plus additional costs, taxes, assessments, certain other amounts, fees, and interest. If you are interested in redeeming the property contact the undersigned sheriff at the address stated below to determine the exact amount necessary to redeem.
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IMPORTANT NOTICE: IF THE JUDGMENT DEBTOR OR DEBTORS DO NOT REDEEM THE PROPERTY BY 4:30 p.m. ON THE . . . . DAY OF . . . . . ., (year) . . . ., THE END OF THE REDEMPTION PERIOD, THE PURCHASER AT THE SHERIFF’S SALE WILL BECOME THE OWNER AND MAY EVICT THE OCCUPANT FROM THE PROPERTY UNLESS THE OCCUPANT IS A TENANT HOLDING UNDER AN UNEXPIRED LEASE. IF THE PROPERTY TO BE SOLD
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IS OCCUPIED AS A PRINCIPAL RESIDENCE BY THE JUDGMENT DEBTOR OR DEBTORS AT THE TIME OF SALE, HE, SHE, THEY, OR ANY OF THEM MAY HAVE THE RIGHT TO RETAIN POSSESSION DURING THE REDEMPTION PERIOD, IF ANY, WITHOUT PAYMENT OF ANY RENT OR OCCUPANCY FEE. THE JUDGMENT DEBTOR MAY ALSO HAVE A RIGHT TO RETAIN POSSESSION DURING ANY REDEMPTION PERIOD IF THE PROPERTY IS USED FOR FARMING OR IF THE PROPERTY IS BEING SOLD UNDER A MORTGAGE THAT SO PROVIDES.
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. . . . . . SHERIFF-DIRECTOR, . . . . . . COUNTY, WASHINGTON.
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By . . . . . . . . . ., Deputy
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Address . . . . . . . . . .
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City . . . . . . . . . .
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Washington 9 . . . .
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Phone ( . . .) . . . . . . . . . .
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[ 2021 c 122 § 11; 2016 c 202 § 1; 1987 c 442 § 604; 1984 c 276 § 2; 1981 c 329 § 2. Formerly RCW 6.24.015.]
NOTES:
Finding—Intent—2021 c 122: See note following RCW 2.32.050.
Application—1984 c 276: See note following RCW 6.21.020.
Severability—1981 c 329: See note following RCW 6.21.020.