What can a Washington city do about an abandoned house stuck in foreclosure?
A county, city or town can notify the mortgage servicer that a house is abandoned, in mid-foreclosure and a nuisance. With that sworn statement in hand, the servicer or its contractor may enter to deal with the nuisance and secure the house, including installing missing locks on outside doors.
The notice needs a sworn statement from a local official listing at least three signs of abandonment, backed by time- and date-stamped photos. When a servicer asks the local government to check a house it believes is abandoned, the local government must answer within fifteen calendar days.
- It may also board up or replace broken windows, winterize the house and fix code violations.
- Before each entry, the servicer must post a notice on the front door saying the owner keeps the right to possession until the foreclosure sale is done.
- If the servicer finds someone living there, it must leave right away, tell the local government, and not come back.
If the servicer doesn't fix the nuisance in the time the local ordinance allows, the county, city or town can abate it under its own powers and recover the costs. That cost assessment is a lien on the property, equal in rank to state, county and city taxes, and it binds later owners once it is recorded.
After the foreclosure sale, the local government can send the new owner a nuisance notice by certified mail, and that owner must answer within fifteen calendar days.
How does Washington law decide a house in foreclosure is abandoned?
A house counts as abandoned when there are no signs anyone lives there and at least three listed signs of abandonment can be seen from outside.
- The signs include gas, electric or water service shut off, neighbors or passersby saying it's vacant, and several windows boarded up or broken.
- Piled-up mail or flyers, stopped postal delivery, and trash or overgrown plants also count.
Washington's law on abandoned homes in foreclosure covers only single-family houses, condominium units and cooperative units. A house is in "mid-foreclosure" once a notice of default or notice of preforeclosure options has gone out, or a notice of trustee's sale has been recorded with the county auditor.
How can a Washington city force repairs or demolition of an unfit house?
When a city or county finds such conditions within its limits, its governing body can adopt ordinances to deal with those buildings. After the hearing, the board or officer can order the owner to repair the building, or to vacate and close it.
The law is aimed at dwellings that are unfit to live in because of dilapidation, disrepair, structural defects or fire hazards. The complaint must give notice of a hearing held ten to thirty days after it is served.
If the owner doesn't comply after any appeal, the board or officer can have the work done or the building demolished. The cost is charged against the property and added to its general taxes for the year.
A city that abates a nuisance can put a special assessment on the land to recover its costs, after notifying the owner and any known mortgage holder.
Counties, cities and towns can take, by condemnation, any property that is a blight on the surrounding neighborhood. A property counts as blight if it meets two of three factors. One is a building nobody has lawfully occupied for a year or more. The other two factors are a threat to public health, safety or welfare, and a link to illegal drug activity in the past twelve months.
Can a court put a receiver in charge of a Washington house in foreclosure?
Yes. Once a foreclosure has begun, a superior court can appoint a receiver for the property if it is in danger of being lost or seriously damaged.
In most cases the court must also find that a receiver is reasonably necessary and that other remedies are unavailable or inadequate.
A lender that asks a court for a receiver, or for permission to access, secure and maintain a house to protect it from waste or nuisance, can still go ahead with a trustee's sale.
What happens in Washington when property taxes on an empty house go unpaid?
The county forecloses. Three years after the taxes become delinquent, the treasurer must issue certificates of delinquency, then foreclose the tax liens in court in the county's name.
The owner can redeem the property up to the close of business on the day before the sale. A small tax debt of a hundred dollars or less can't trigger this, unless the local government has declared the parcel a nuisance.
If the sale brings in more than the minimum bid, the excess is refunded, on application, to the record owner, after any recorded water-sewer district liens are paid. If nobody claims that money within three years after the sale, it goes to the county and the claim is gone.
Own a Washington house that sits empty and you're behind on the mortgage too? Here's how foreclosure plays out in Washington.
How do you report a vacant building in Seattle, Washington?
Seattle asks people to call 911 in an emergency, such as a fire or criminal activity at the building, and otherwise to file a complaint with its Department of Construction and Inspections.
The department asks that a complaint be as specific as possible so it can find and assess the building. After a vacant building complaint, the city sends an inspector, and if there's a violation it gives the owner a set time to fix it.
If a building is open to entry, the city may issue an emergency order with a much shorter deadline and can send a city crew to secure it if the owner doesn't.
Buildings with a notice of violation go into Seattle's Vacant Building Monitoring program, where the city inspects them monthly and charges the owner a fee. Seattle firefighters also inspect all known vacant homes and commercial buildings every year to check that they're secured against illegal entry.
You can also tell me where it is. I'll find out who owns it and reach out about buying it and fixing it up.