WRITS OF EXECUTION / ORDERS OF SALE ON REAL PROPERTY
Note:
This document is provided as general information. The
information may or may not be applicable to your facts.
The sheriff’s department cannot and will not answer
legal questions. Please consult an attorney and follow
his or her advice to fully protect your rights.
A
Writ of Execution is an order from a court directing the
Sheriff to seize property of a debtor and sell that property
to satisfy a judgment. The various types of executions
are specified under RCW 6.17.060. The property is not
always specified in the writ, but should be specified
in the letter of instruction accompanying the writ. Directions
for proceeding with these various orders are specified
in RCW’s 6.13, 6.17, 6.21 and 6.23. These
writs are issued by a Judge when a person or firm owed
money obtains from a court a money judgment against
the judgment debtor. In order to proceed against a debtor’s
real property, the creditor must show that there is
insufficient personal property to satisfy the judgment
(RCW 6.17.100). Otherwise, the judgment must be satisfied
through the pursuit of personal property before attempting
to execute on real property.
A
homestead claim is automatically assumed if the subject
property is the debtor’s primary residence. Such
a claim necessitates additional hearings for appraiser
appointment and property divisions to determine the
amount allowable for a homestead claim. RCW 6.13 provides
specifics regarding homesteads and applicability. The
homestead exemption amount is currently $40,000.
Normally
there is a redemption period, which allows the debtor,
or any other proper claimant, to redeem the property
after it has been sold. The redemption period is generally
either 8 months or 1 year.
An
Order of Sale is issued by a Judge and directs the Sheriff
to sell specific real property based on a mortgage foreclosure.
No homestead exemption is allowed and generally a one-year
redemption period applies. On occasion the sale is absolute
and there is no redemption period if, under RCW 6.21.080,
it is a leasehold of less that two years or the redemption
period is precluded under RCW 61.12.093 (abandonment).
When
delivering a writ of execution or order of sale to the
Sheriff the following is required:
- a
letter of instruction,
- a
copy of the judgment which shows awarded costs,
- four
copies of the writ or order and a deposit of $200.00.
The
letter of instruction should include the following information:
1)
the property tax parcel number,
2) the physical address of the property,
3) the legal description of the property,
4) the newspaper in which to publish the required
notices,
5) the length of the redemption period,
6) the interest rate,
7) the attorney of record,
8) the service addresses of all the defendants listed
in the writ or order and, if applicable,
9) an affidavit stating there is insufficient personal
property to satisfy the judgment.
The
sale will be scheduled approximately 45 days after receiving
the writ or order. Per RCW 6.21.050 all real property
sales must be held at the front door of the courthouse
on Fridays between the hours of 9 a.m. and 4 p.m. The
Jefferson County Sheriff’s Office always schedules
real property sales at 10:00 a.m. After the sale is
held the Chief Civil Deputy will produce a certificate
of sale and the return to the court. Copies will be
provided to the attorney’s office. The original
certificate of sale is retained in the court file until
the sale confirmation hearing is held. The original
certificate will then be sent to the attorney’s
office. After the redemption period expires the original
certificate of sale need to be presented to the Sheriff’s
Office to obtain a Sheriff’s Deed. If the property
is sold without a redemption period a Sheriff’s
Deed will be generated after the sale and held by the
court until after the sale confirmation hearing.
Michael
D. Brasfield
SHERIFF - JEFFERSON COUNTY
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