The Court of Appeals of Washington has ruled Sept. 28, 1998
that a purchaser at an IRS tax sale was required to establish superior title to
premises before seeking to dispossess the owner of the property through an
"unlawful detainer action". Such actions had been up to this time the preferred,
speedy method by which purchasers of homes at IRS sales would gain a court order
upon which they could have the county sheriff remove the owners. The
significance of this case will be on a state by state basis, I would think. Many
states may not have ever allowed the highly inappropriate "unlawful detainer
action" to remove owners from homes sold by the IRS. After all, this action
clearly is based upon the existence of a "tenant/landlord" relationship which
can in no way exist between one whose home is "seized and sold" by the IRS and
the "purchaser" of a "director's deed". From now on in Washington, those who
have had their homes "seized and sold" by the IRS, but understand the law, can
just sit tight in their homes, while the "purchaser" is required by the ruling
in the Bridges case to "establish superior title to premises" via a "quiet title
suit" -- a lengthy and expensive process. I can see the Northwest District
Director hopping around on one foot, holding his big toe -- badly stubbed in the
Bridges case. As of 1/18/99 the case could be read at the site linked the
link above this paragraph. Now, or after that posting expires, you can
view the pages by clicking on the page numbers below. You will need to use
your browser "Back" button to return to this page and click on the links to
succeeding pages. This case should be cited as Wash. App., 963 P.2d 944 (1998).
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