CERTIFICATION OF ENROLLMENT

HOUSE BILL 1826

Chapter 122, Laws of 2009

61st Legislature
2009 Regular Session



FORECLOSURE SALES--PROCEEDS



EFFECTIVE DATE: 07/26/09

Passed by the House March 3, 2009
  Yeas 96   Nays 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 8, 2009
  Yeas 46   Nays 0


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1826 as passed by the House of Representatives and the Senate on the dates hereon set forth.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved April 17, 2009, 3:14 p.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
April 20, 2009







Secretary of State
State of Washington


_____________________________________________ 

HOUSE BILL 1826
_____________________________________________

Passed Legislature - 2009 Regular Session
State of Washington61st Legislature2009 Regular Session

By Representatives Rodne, Pedersen, and Santos

Read first time 01/30/09.   Referred to Committee on Judiciary.



     AN ACT Relating to the proceeds from foreclosure sales; and amending RCW 61.12.150.

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

Sec. 1   RCW 61.12.150 and Code 1881 s 617 are each amended to read as follows:
     If the mortgaged premises cannot be sold in parcels, the court shall order the whole to be sold, and the proceeds of the sale shall be applied first to the payment of the principal due, interest and costs, and then to the residue secured by the mortgage and not due; and if the residue does not bear interest, a deduction shall be made therefrom by discounting the legal interest((; and)). In all cases where the proceeds of the sale ((shall be)) are more than sufficient to pay the amount due and costs, the surplus shall be applied to all interests in, or liens or claims of liens against, the property eliminated by sale under this section in the order of priority that the interest, lien, or claim attached to the property. Any remaining surplus shall be paid to the mortgage debtor, his or her heirs and assigns.


         Passed by the House March 3, 2009.
         Passed by the Senate April 8, 2009.
         Approved by the Governor April 17, 2009.
         Filed in Office of Secretary of State April 20, 2009.