Hello Ingrid,

A sheriff's sale is one of the processes by which is property is foreclosed upon through a judicial process. Judicial foreclosures are used for every instance of foreclosure EXCEPT Deeds of Trust. This includes foreclosure for delinquent taxes. Deficiency judgments are also handled with judicial foreclosure.

Virtually all homes in Washington state, however, are foreclosed upon using non-judicial foreclosure. This is due in part to the "right to cure" (the right to pay off any monies owed) in a judicial foreclosure is two years. This means if you lose your property because you haven't paid your property taxes, any time up to two years after the sale you can bring your taxes current, pay penalties and fees and get your property back.

There are lots of practical problems with this process which is why is isn't used much other than delinquent taxes in Washington state. For example, if you purchased vacant land through a sheriff's sale (judicial foreclosure) and built a house on it, the original owner could end up with your land and your house (because the house is considered permanently attached or appurtenant to the property) if they make good on their back taxes etc within two years.

You may be referring to a Trustee's sale, which is what takes place on the courthouse steps every Friday. These are properties being offered at auction as the result of non-judicial foreclosure. Title for most property in Washington is transferred using a Warranty Deed or Deed of Trust. Therefore you have a trustee's sale for a trustee's deed. When the title is transferred via non-judicial foreclosure, it is done, finis. The owner's right to cure happens before the sale, with no rights afterward. Virtually all families residences are handled this way in our state. The owner has no right of redemption and the lender has no potential for a deficiency judgment. This is why foreclosure leaves such a dent in your credit, even more than bankruptcy.
The reason it is done this way is lenders can clear a bad loan off of their books more quickly.

Whether you are at a sheriff's sale or a trustees auction, be prepared to pay with cash or a certified check.

Best Regards, Lorian

Hi Ingrid

The tax foreclosure sale is based on their taxes being delinquent. A sherriff sale is based on their mortgage being delinquent.

I hope this helps.

Karen Jackson, John L. Scott, 206-714-1384