87.06.080 - Notice of foreclosure sale -- Conduct of sale -- Remittal of excess moneys.

Notice of foreclosure sale — Conduct of sale — Remittal of excess moneys.

(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.


. . . . . . . . . . . . Treasurer for . . . . . . . . . . . . Irrigation District Date signed: . . . . . . . . . . . .
     (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.

[2007 c 63 § 1; 1988 c 134 § 8.]