Title 61 — Title 61 MORTGAGES, DEEDS OF TRUST, AND REAL ESTATE CONTRACTS
8 chapters · 105 sections in this title.
RCW 61.30.010 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Contract" or "real estate contract" means any written agreement for the sale of real property in which legal title to the property is retained by the seller as securi…
RCW 61.30.020 Forfeiture or foreclosure—Notices—Other remedies not limited.
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(1) A purchaser's rights under a real estate contract shall not be forfeited except as provided in this chapter. Forfeiture shall be accomplished by giving and recording the required notices as specified in this chapter. This chapter shall not be construed as prohibiting or limit…
RCW 61.30.030 Conditions to forfeiture.
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It shall be a condition to forfeiture of a real estate contract that:(1) The contract being forfeited, or a memorandum thereof, is recorded in each county in which any of the property is located;(2) A breach has occurred in one or more of the purchaser's obligations under the con…
RCW 61.30.040 Notices—Persons required to be notified—Recording.
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(1) The required notices shall be given to each purchaser last known to the seller or the seller's agent or attorney giving the notice and to each person who, at the time the notice of intent to forfeit is recorded, is the last holder of record of a purchaser's interest. Failure …
RCW 61.30.050 Notices—Form—Method of service.
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(1) The required notices shall be given in writing. The notice of intent to forfeit shall be signed by the seller or by the seller's agent or attorney. The declaration of forfeiture shall be signed and sworn to by the seller. The seller may execute the declaration of forfeiture t…
RCW 61.30.060 Notice of intent to forfeit—Declaration of forfeiture—Time limitations.
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The notice of intent to forfeit shall be given not later than ten days after it is recorded. The declaration of forfeiture shall be given not later than three days after it is recorded. Either required notice may be given before it is recorded, but the declaration of forfeiture m…
RCW 61.30.070 Notice of intent to forfeit—Declaration of forfeiture—Contents.
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(1) The notice of intent to forfeit shall contain the following:(a) The name, address, and telephone number of the seller and, if any, the seller's agent or attorney giving the notice;(b) A description of the contract, including the names of the original parties to the contract, …
RCW 61.30.080 Failure to give required notices.
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(1) If the seller fails to give any required notice within the time required by this chapter, the seller may record and give a subsequent notice of intent to forfeit or declaration of forfeiture, as applicable. Any such subsequent notice shall (a) include revised dates and inform…
RCW 61.30.090 Acceleration of payments—Cure of default.
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(1) Even if the contract contains a provision allowing the seller, because of a default in the purchaser's obligations under the contract, to accelerate the due date of some or all payments to be made or other obligations to be performed by the purchaser under the contract, the s…
RCW 61.30.100 Effect of forfeiture.
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(1) The recorded and sworn declaration of forfeiture shall be prima facie evidence of the extent of the forfeiture and compliance with this chapter and, except as otherwise provided in RCW 61.30.040 (1) and (2), conclusive evidence thereof in favor of bona fide purchasers and enc…
RCW 61.30.110 Forfeiture may be restrained or enjoined.
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(1) The forfeiture may be restrained or enjoined or the time for cure may be extended by court order only as provided in this section. A certified copy of any restraining order or injunction may be recorded in each county in which any part of the property is located.(2) Any perso…
RCW 61.30.120 Sale of property in lieu of forfeiture.
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(1) Except for a sale ordered incident to foreclosure of the contract as a mortgage, a public sale of the property in lieu of the forfeiture may be ordered by the court only as provided in this section. Any person entitled to cure the default may bring or join in an action seekin…
RCW 61.30.130 Forfeiture may proceed upon expiration of judicial order—Court may award attorneys' fees or impose conditions—Venue.
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(1) If an order restraining or enjoining the forfeiture or an order of sale under RCW 61.30.120 expires or is dissolved or vacated at least ten days before expiration of the time for cure, the seller may proceed with the forfeiture under this chapter if the default is not cured a…
RCW 61.30.140 Action to set aside forfeiture.
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(1) An action to set aside a forfeiture not otherwise void under RCW 61.30.040(1) may be commenced only after the declaration of forfeiture has been recorded and only as provided in this section, and regardless of whether an action was previously commenced under RCW 61.30.110.(2)…
RCW 61.30.150 False swearing—Penalty—Failure to comply with chapter—Liability.
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(1) Whoever knowingly swears falsely to any statement required by this chapter to be sworn is guilty of perjury and shall be liable for the statutory penalties therefor.(2) A seller who records a declaration of forfeiture with actual knowledge or reason to know of a material fail…
RCW 61.30.160 Priority of actions under chapter.
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An action brought under RCW 61.30.110, 61.30.120, or 61.30.140 shall take precedence over all other civil actions except those described in RCW 59.12.130.[ 1985 c 237 s 16.]
RCW 61.30.900 Short title.
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This chapter may be known and cited as the real estate contract forfeiture act.[ 1985 c 237 s 17.]
RCW 61.30.910 Effective date—Application—1985 c 237.
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This act shall take effect January 1, 1986, and shall apply to all real estate contract forfeitures initiated on or after that date, regardless of when the real estate contract was made.[ 1985 c 237 s 21.]
RCW 61.30.911 Application—1988 c 86.
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This act applies to all real estate contract forfeitures initiated on or after June 9, 1988, regardless of when the real estate contract was made.[ 1988 c 86 s 16.]