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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114135
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I NEED HELP PREPARING A ORDER TO PRESENT TO THE COURT SO

Customer Question

I NEED HELP PREPARING A ORDER TO PRESENT TO THE COURT SO THAT I CAN GET ACCESS TO MY HOUSE, I LIVE IN THE STATE OF WASHINGTON. AN INTENT TO FORFEIT WAS FILED AND A DECLARATION OF FORFEIT; BUT NO SALE TOOK PLACE BUT ON 10/03/16 THEY BROKE IN
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: WASHINGTON
JA: Has anything been filed or reported?
Customer: THE NOTICE OF INTENT TO FORFEIT, AND THE DECLARATION OF FORFEITURE WERE RECORDED, BUT THERE WAS NO SALE THE MORTGAGE ON IT WAS PRIVATELY HELD.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I NEED KNOW WHAT I NEED TO PUT IN THE PLEADING, SO THE A SUPERIOR COURT JUDGE CAN SIGN AUTHORIZING ME TO TAKE BACK MY HOME.
Submitted: 4 months ago.
Category: Legal
Customer: replied 4 months ago.
are you still working on my response ?
Customer: replied 4 months ago.
are you still there?
Customer: replied 4 months ago.
still there
Customer: replied 4 months ago.
please respond
Customer: replied 4 months ago.
I'm still waiting here.
Customer: replied 4 months ago.
still here
Customer: replied 4 months ago.
what is happening
Customer: replied 4 months ago.
why
Customer: replied 4 months ago.
i was accounting on you.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that state law forbids any expert on this site from actually representing you or any other customer on the site. If you need local counsel, please use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
If the declaration of forfeiture has been filed, even though there has been no sale (nothing says that a private mortgage has to sell once they file a declaration of forfeiture, as that takes away all of your rights to the property).
The WA law says the declaration of forfeiture is final and the only way to get the house back is filing a Motion to Set Aside the Declaration of Forfeiture within 60 days of the filing of declaration. See: RCW 61.30.140. If you have missed that deadline, it is too late to take any actions. If you are within that deadline, you have to present an argument (you have not given us any facts and we cannot write it for you anyhow) that shows why the forfeiture was improper based on breach of the contract of mortgage. So you have to prove the lender improperly foreclosed on the property in order to have the court vacate it. If you cannot prove they breached the contract, the house is no longer your house so if someone broke into it that is the mortgage company issue not your issue as the declaration of forfeiture took away any ownership rights you had.