Washington Code 7.100.030 – Request by mortgage servicer for determination of abandonment and nuisance
Current as of: 2023 | Check for updates
|
Other versions
(1) A mortgage servicer may contact a county, city, or town regarding a property it believes to be abandoned, and a nuisance and request that a county, city, or town official visit the property and make a determination as to whether the residential real property is abandoned and a nuisance. When making such a request, the mortgage servicer must furnish a copy of a notice of default, notice of preforeclosure options, or notice of trustee‘s sale applicable to the property.
Terms Used In Washington Code 7.100.030
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
(2) A county, city, or town shall respond to such a request within fifteen calendar days of receipt and notify the mortgage servicer:
(a) That a county, city, or town official has visited the property and determined that the property is not abandoned, or not a nuisance;
(b) That a county, city, or town official has visited the property and determined that the property is abandoned, in mid-foreclosure, and a nuisance. In this case, the notification shall be accompanied by an affidavit or a declaration made under penalty of perjury by a county, city, or town official that a property is abandoned, mid-foreclosure, and a nuisance, and the affidavit or declaration must outline at least three indicators of abandonment and be supported with time and date stamped photographs, a finding that the property is a nuisance, and a copy of the notice of default or notice of trustee’s sale supplied by the mortgage servicer; or
(c) That the county, city, or town does not have adequate resources or is otherwise unable to make the requested determination.
[ 2018 c 306 § 12.]