S-176                 _______________________________________________

 

                                                   SENATE BILL NO. 3586

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senator Goltz

 

 

Read first time 2/5/85 and referred to Committee on Ways and Means.

 

 


AN ACT Relating to property taxes; and amending RCW 84.64.080.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 84.64.080, chapter 15, Laws of 1961 as last amended by section 5, chapter 322, Laws of 1981 and RCW 84.64.080 are each amended to read as follows:

          The court shall examine each application for judgment foreclosing tax lien, and if defense (specifying in writing the particular cause of objection) be offered by any person interested in any of said lands or lots to the entry of judgment against the same, the court shall hear and determine the matter in a summary manner, without other pleadings, and shall pronounce judgment as the right of the case may be; or said court may, in its discretion, continue such individual cases, wherein defense is offered, to such time as may be necessary, in order to secure substantial justice to the contestants therein; but in all other cases said court shall proceed to determine the matter in a summary manner as above specified.  In all judicial proceedings of any kind for the collection of taxes, and interest and costs thereon, all amendments which by law can be made in any personal action pending in such court shall be allowed, and no assessments of property or charge for any of said taxes shall be considered illegal on account of any irregularity in the tax list or assessment rolls or on account of the assessment rolls or tax list not having been made, completed or returned within the time required by law, or on account of the property having been charged or listed in the assessment or tax lists without name, or in any other name than that of the owner, and no error or informality in the proceedings of any of the officers connected with the assessment, levying or collection of the taxes, shall vitiate or in any manner affect the tax or the assessment thereof, and any irregularities or informality in the assessment rolls or tax lists or in any of the proceedings connected with the assessment or levy of such taxes or any omission or defective act of any officer or officers connected with the assessment or levying of such taxes, may be, in the discretion of the court, corrected, supplied and made to conform to the law by the court.  The court shall give judgment for such taxes, interest and costs as shall appear to be due upon the several lots or tracts described in said notice of application for judgment or complaint, and such judgment shall be a several judgment against each tract or lot or part of a tract or lot for each kind of tax included therein, including all interest and costs, and the court shall order and direct the clerk to make and enter an order for the sale of such real property against which judgment is made, or vacate and set aside the certificate of delinquency or make such other order or judgment as in the law or equity may be just.  Said order shall be signed by the judge of the superior court and attested by the clerk thereof, and a certified copy of said order, together with the list of the property therein ordered sold, shall be delivered to the county treasurer, and shall be full and sufficient authority for him or her to proceed to sell said property for said sum as set forth in said order and to take such further steps in the matter as are provided by law.  The county treasurer shall immediately after receiving the order and judgment of the court proceed to sell the property as provided in this chapter to the highest and best bidder for cash.  All sales shall be made at such place on county property as the county legislative authority may direct on Friday between the hours of 9 o'clock in the morning and 9 o'clock in the evening, as the county legislative authority may direct, and shall continue from day to day (Saturdays and Sundays excepted) during the same hours until all lots or tracts are sold, after first giving notice of the time, and place where such sale is to take place for ten days successively by posting notice thereof in three public places in the county, one of which shall be in the office of said treasurer.  The notice shall be substantially in the following form:

                                                                                  

TAX JUDGMENT SALE

 

          Public notice is hereby given that pursuant to real property tax judgment of the superior court of the county of .......... in the state of Washington, and an order of sale duly issued by said court, entered the ..... day of .......... ,  ..... , in proceedings for foreclosure of tax liens upon real property, as per provisions of law, I shall on the ..... day of .......... ,  ..... , at ..... o'clock a.m., at .......... in the city of .......... , and county of .......... , state of Washington, sell the following described lands or lots, to the highest and best bidder for cash, to satisfy the full amount of taxes, interest and costs adjudged to be due thereon as follows, to wit:  (Description of property, including the assessed value of the property and the total amount of taxes, interest, and costs due on the property.)

          In witness whereof, I have hereunto affixed my hand and seal this ..... day of .......... ,  ..... .

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Treasurer of .......... county.

 

          No county officer or employee shall directly or indirectly be a purchaser of such property at such sale.

          The treasurer may include in one notice any number of separate tracts or lots.

          If any buildings or improvements are upon an area encompassing more than one tract or lot, the same must be advertised and sold as a single unit.

          If the highest amount bid for any such separate unit tract or lot is in excess of the entire amount of the taxes and interest due upon the whole property included in the certificate of delinquency, the excess shall be refunded, on application therefor, to the record owner of the property.  In the event no claim for the said excess is received by the county treasurer within three years after the date of the sale he or she shall at expiration of the three year period deposit such excess in the current expense fund of the county.  The county treasurer shall execute to the purchaser of any piece or parcel of land a tax deed.  The deed so made by the county treasurer, under the official seal of his or her office, shall be recorded in the same manner as other conveyances of real property, and shall vest in the grantee, his or her heirs and assigns the title to the property therein described, without further acknowledgment or evidence of such conveyance, and shall be substantially in the following form:

 

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County of .......... !tl_

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@p0 @bv       This indenture, made this ..... day of .......... ,  .......... , between .......... , as treasurer of .......... county, state of Washington, party of the first part, and ............... , party of the second part:

          Witnesseth, that, whereas, at a public sale of real property held on the ..... day of .......... ,  ..... , pursuant to a real property tax judgment entered in the superior court in the county of .......... on the ..... day of .......... ,  ..... , in proceedings to foreclose tax liens upon real property and an order of sale duly issued by said court, .......... duly purchased in compliance with the laws of the state of Washington, the following described real property, to wit:  (Here place description of real property conveyed) and that said .......... has complied with the laws of the state of Washington necessary to entitle (him, or her or them) to a deed for said real property.

          Now, therefore, know ye, that, I .......... , county treasurer of said county of .......... , state of Washington, in consideration of the premises and by virtue of the statutes of the state of Washington, in such cases provided, do hereby grant and convey unto .......... , his or her heirs and assigns, forever, the said real property hereinbefore described.

          Given under my hand and seal of office this ..... day of .......... , A.D. ..... .

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!tj2!tcCounty!sc ,1Treasurer.

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