BILL REQ. #: H-0956.1
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HOUSE BILL 1972
_____________________________________________| State of Washington | 60th Legislature | 2007 Regular Session |
By Representatives Ross and NewhouseRead first time 02/02/2007. Referred to Committee on Agriculture & Natural Resources.
AN ACT Relating to proceeds from irrigation district foreclosure
sales; and amending RCW 87.06.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 87.06.080 and 1988 c 134 s 8 are each amended to read
as follows:
(1) The treasurer shall post notice of the foreclosure sale, at
least ten days before the sale, at the following locations: At the
courthouse of the county in which the property is located, at the
district office, and at a public place in the district. The treasurer
shall also publish, at least once and not fewer than ten days before
the sale, the notice in any daily or weekly legal newspaper of general
circulation in the district.
(2) The notice shall be in substantially the following form:
IRRIGATION ASSESSMENT JUDGMENT SALE
Public notice is hereby given that pursuant to judgment, rendered
on . . . . . ., of the superior court of the county of . . . . . . in
the state of Washington, that I shall sell the property described
below, at a foreclosure sale beginning at . . . . . . (time), on
. . . . . . (date), at . . . . . . (location), in the city of
. . . . . . . . . . ., and county of . . . . . . . . . . ., state of
Washington. This sale is made in order to pay for delinquent
assessments, costs, and interest owed to . . . . . . . . . . . The
property will be sold to the highest and best bidder but bids will not
be accepted for less than the minimum sale price set by the superior
court. The minimum sale price is listed on the bid sheet, a copy of
which is provided at the treasurer's office. Payment must be made at
time of sale and must be by cash, bank cashier's check, or a negotiable
instrument of equivalent security.
Description of property: . . . . . . . . . . . .
Interested parties and members of the public are invited to
participate in this sale. This sale will not take place if by
. . . . . . (time), on . . . . . . (date), the amount due . . . ., is
paid in the manner specified by law.
(3) The treasurer shall conduct the sale in conformance with the
notice and this chapter. If the sale is conducted by the county
treasurer, no county or district officer or employee may directly or
indirectly be a purchaser. If the irrigation district treasurer
conducts the sale, no officer or employee of the district may directly
or indirectly be a purchaser.
(4) If the bid amount paid for the property is in excess of the
lien amount for which the judgment has been rendered, plus any
additional assessments, costs, and interest which have become due after
the date of preparation of the certificate of delinquency and before
the date of sale, then the excess shall be remitted, on application
therefor, to the record owner of the property. The record owner of the
property is the person who held title on the date of issuance of the
certificate of delinquency. Assignments of interests, deeds, or other
documents executed or recorded after filing the certificate of
delinquency shall not affect the payment of excess funds to the record
owner. If no claim for the excess is received by the treasurer within
three years after the date of the sale, the treasurer, at expiration of
the three-year period, shall deposit the excess in the current expense
fund of the district.
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