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Revised Code of Washington - RCW Title 61 Mortgages, Deeds Of Trust, And Real Estate Contracts - Chapter 61.30 Real Estate Contract Forfeitures

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  • 61.30.010 Definitions
    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Contract" or "real estate contract" means any written agreement ...
  • 61.30.020 Forfeiture or foreclosure -- Notices -- Other remedies not limited
    (1) A purchaser's rights under a real estate contract shall not be forfeited except as provided in this chapter. Forfeiture shall be accomplished by giving ...
  • 61.30.030 Conditions to forfeiture
    It shall be a condition to forfeiture of a real estate contract that: (1) The contract being forfeited, or a memorandum thereof, is recorded in ...
  • 61.30.040 Notices -- Persons required to be notified -- Recording
    (1) The required notices shall be given to each purchaser last known to the seller or the seller's agent or attorney giving the notice and ...
  • 61.30.050 Notices -- Form -- Method of service
    (1) The required notices shall be given in writing. The notice of intent to forfeit shall be signed by the seller or by the seller's ...
  • 61.30.060 Notice of intent to forfeit -- Declaration of forfeiture -- Time limitations
    The notice of intent to forfeit shall be given not later than ten days after it is recorded. The declaration of forfeiture shall be given ...
  • 61.30.070 Notice of intent to forfeit -- Declaration of forfeiture -- Contents
    (1) The notice of intent to forfeit shall contain the following: (a) The name, address, and telephone number of the seller and, if any, the ...
  • 61.30.080 Failure to give required notices
    (1) If the seller fails to give any required notice within the time required by this chapter, the seller may record and give a subsequent ...
  • 61.30.090 Acceleration of payments -- Cure of default
    (1) Even if the contract contains a provision allowing the seller, because of a default in the purchaser's obligations under the contract, to accelerate the ...
  • 61.30.100 Effect of forfeiture
    (1) The recorded and sworn declaration of forfeiture shall be prima facie evidence of the extent of the forfeiture and compliance with this chapter and, ...
  • 61.30.110 Forfeiture may be restrained or enjoined
    (1) The forfeiture may be restrained or enjoined or the time for cure may be extended by court order only as provided in this section. ...
  • 61.30.120 Sale of property in lieu of forfeiture
    (1) Except for a sale ordered incident to foreclosure of the contract as a mortgage, a public sale of the property in lieu of the ...
  • 61.30.130 Forfeiture may proceed upon expiration of judicial order -- Court may award attorneys' fees or impose conditions -- Venue
    (1) If an order restraining or enjoining the forfeiture or an order of sale under RCW 61.30.120 expires or is dissolved or vacated at least ...
  • 61.30.140 Action to set aside forfeiture
    (1) An action to set aside a forfeiture not otherwise void under RCW 61.30.040(1) may be commenced only after the declaration of forfeiture has been ...
  • 61.30.150 False swearing -- Penalty -- Failure to comply with chapter -- Liability
    (1) Whoever knowingly swears falsely to any statement required by this chapter to be sworn is guilty of perjury and shall be liable for the ...
  • 61.30.160 Priority of actions under chapter
    An action brought under RCW 61.30.110, 61.30.120, or 61.30.140 shall take precedence over all other civil actions except those described in RCW 59.12.130.[1985 c 237 ...
  • 61.30.900 Short title
    This chapter may be known and cited as the real estate contract forfeiture act.[1985 c 237 § 17.] ...
  • 61.30.905 Severability -- 1985 c 237
    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...
  • 61.30.910 Effective date -- Application -- 1985 c 237
    This act shall take effect January 1, 1986, and shall apply to all real estate contract forfeitures initiated on or after that date, regardless of ...
  • 61.30.911 Application -- 1988 c 86
    This act applies to all real estate contract forfeitures initiated on or after June 9, 1988, regardless of when the real estate contract was made.[1988 ...

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Last modified: April 7, 2009