H-0025.2  _______________________________________________

 

                          HOUSE BILL 1249

          _______________________________________________

 

State of Washington      56th Legislature     1999 Regular Session

 

By Representative Conway

 

Read first time 01/20/1999.  Referred to Committee on Finance.

Requiring notice to be given to the county treasurer and the new taxpayer when an agreement between a mortgagee and mortgagor regarding payment of taxes is terminated.


    AN ACT Relating to payment of property taxes; and amending RCW 84.56.330 and 84.56.050.

 

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

 

    Sec. 1.  RCW 84.56.330 and 1961 c 15 s 84.56.330 are each amended to read as follows:

    Any person who has a lien by mortgage or otherwise, upon any real property upon which any taxes have not been paid, may pay such taxes, and the interest, penalty and costs thereon; and the receipt of the county treasurer or other collecting official shall constitute an additional lien upon such land, to the amount therein stated, and the amount so paid and the interest thereon at the rate specified in the mortgage or other instrument shall be collectible with, or as a part of, and in the same manner as the amount secured by the original lien:  PROVIDED, That the person paying such taxes shall pay the same as mortgagee or other lien holder and shall procure the receipt of the county treasurer therefor, showing the mortgage or other lien relationship of the person paying such taxes, and the same shall have been recorded with the county auditor of the county wherein the said real estate is situated, within ten days after the payment of such taxes and the issuance of such receipt.  It shall be the duty of any treasurer issuing such receipt to make notation thereon of the lien relationship claim of the person paying such taxes.  It shall be the duty of the county auditor in such cases to index and record such receipts in the same manner as provided for the recording of liens on real estate, upon the payment to the county auditor of the sum of fifty cents by the person presenting the same for recording:  AND PROVIDED FURTHER, That in the event the above provision be not complied with, the lien created by any such payment shall be subordinate to the liens of all mortgages or encumbrances upon such real property, which are senior to the mortgage or other lien of the person so making such payment.

    A mortgagee or other person who by written agreement with the mortgagor is paying the property taxes for any real property out of an escrow fund or otherwise must notify the county treasurer of a termination of such agreement within thirty days after termination.  A mortgagee or other person who fails to provide such notice is liable for any interest and penalties incurred for delinquent taxes on the subject property during the period between termination of the agreement and the date the county treasurer receives notice.

 

    Sec. 2.  RCW 84.56.050 and 1991 c 245 s 17 are each amended to read as follows:

    On receiving the tax rolls the treasurer shall post all real and personal property taxes from the rolls to the treasurer's tax roll, and shall carry forward to the current tax rolls a memorandum of all delinquent taxes on each and every description of property, and enter the same on the property upon which the taxes are delinquent showing the amounts for each year.  The treasurer shall notify each taxpayer in the county, at the expense of the county, of the amount of the real and personal property, and the current and delinquent amount of tax due on the same; and the treasurer shall have printed on the notice the name of each tax and the levy made on the same.  Whenever the treasurer receives notice that a taxpayer's responsibility has been terminated pursuant to RCW 84.56.330 or otherwise, and if there are any delinquent or current year taxes due, the treasurer shall send an additional notice to the new taxpayer within forty-five days.  The county treasurer shall be the sole collector of all delinquent taxes and all other taxes due and collectible on the tax rolls of the county:  PROVIDED, That the term "taxpayer" as used in this section shall mean any person charged, or whose property is charged, with property tax; and the person to be notified is that person whose name appears on the tax roll herein mentioned:  PROVIDED, FURTHER, That if no name so appears the person to be notified is that person shown by the treasurer's tax rolls or duplicate tax receipts of any preceding year as the payer of the tax last paid on the property in question.

 


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