Clallam County v. Folk

922 P.2d 73, 130 Wash. 2d 142, 1996 Wash. LEXIS 501
CourtWashington Supreme Court
DecidedSeptember 12, 1996
DocketNo. 63198-1
StatusPublished
Cited by7 cases

This text of 922 P.2d 73 (Clallam County v. Folk) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clallam County v. Folk, 922 P.2d 73, 130 Wash. 2d 142, 1996 Wash. LEXIS 501 (Wash. 1996).

Opinions

Madsen, J.

— At issue is whether Clallam County complied with statutory and due process notice requirements when it gave notice of tax foreclosure proceedings to a tenant-in-common owning an undivided fractional interest in real property who failed to pay real property taxes on his undivided interest, but did not give notice of the proceedings to other cotenants of the property. We find that it did, and reverse the trial court order vacating the judgment of foreclosure and order of sale for lack of notice.

STATEMENT OF FACTS

On September 7, 1994, Clallam County filed this action to foreclose a number of real property tax liens for 1991 and prior years. Interests in two of the parcels identified in the certificate of delinquency were held by James C. Cleland as a tenant-in-common. Mr. Cleland held a l/36th undivided interest in each parcel. He acquired his interests through the estate of his wife, a member of the Makah Indian Tribe. Because Mr. Cleland was not Indian, he took his interest in the estate in fee, and it was subject to real property taxes. Mr. Cleland failed to pay real property taxes, interest and penalties on his l/36th interests in the parcels, totaling about $842.

Pursuant to RCW 84.64.050, the Clallam County Treasurer ordered a title search to determine the record title holder of the property on which the taxes were delinquent. The title search was ordered only for Mr. Cleland’s fractional undivided interest, and thus it did not disclose [145]*145any ownership interests in the two parcels of land held by any other cotenants. There is no dispute that the County properly gave notice of the tax foreclosure proceedings to Mr. Cleland.

Respondent Janice Folk is Mr. Cleland’s stepdaughter. She also acquired an undivided l/36th interest in the parcels through her mother’s estate. Respondent is evidently a member of the Makah Indian Tribe and does not hold her interest in fee. The County says that some of the cotenants of the parcels are Indians not subject to taxation. There is no issue concerning any delinquent taxes on Respondent’s interest, and the County did not seek to foreclose any tax liens on her undivided interests in the two parcels.

Mr. Cleland did not appear or defend in the tax foreclosure proceedings. On November 18, 1994, Clallam County obtained a judgment of foreclosure and order of sale. Clallam County acquired Mr. Cleland’s interests at the foreclosure sale because there were no other bidders for the property.

Six months after the sale, on May 19, 1995, Respondent tendered delinquent taxes, penalties and interest in the amount Mr. Cleland had owed. The tender was rejected. On June 1, 1995, Mr. Cleland quitclaimed any interest he had in the parcels to Respondent. On June 21, 1995, Respondent moved to intervene in the tax foreclosure proceedings and moved to vacate the judgment on the basis that proper notice of the proceedings had not been given to the cotenants of the two parcels. The trial court granted both motions, and on August 8, 1995, entered an order granting Respondent leave to intervene and an order vacating the judgment of foreclosure and order of sale and voiding the tax deed delivered to the County.

[146]*146The County appealed, seeking direct review by this court, which was granted.1

ANALYSIS

The County urges the court to draw a distinction between a case where the common property held by all the tenants-in-common is the subject of tax foreclosure proceedings and a case where only one tenant-in-common’s individual undivided interest is the subject of such proceedings. In the former case, there is no question that all of the cotenants must be given notice under RCW 84.64.050. But where the individual undivided interest of only one tenant-in-common has been separately assessed for taxes which have remained unpaid, and only that individual undivided interest is the subject of tax foreclosure proceedings, the County is correct that neither RCW 84.64.050 nor due process requires notice of the proceedings to the other cotenants.

Certain jurisdictional requirements are prerequisites to the maintenance of a tax foreclosure action. In re Foreclosure of Liens, 117 Wn.2d 77, 811 P.2d 945 (1991). Absent compliance with those requirements, any subsequent foreclosure and tax sale may be void. One such jurisdictional defect is the " 'failure to give notice in compliance with the letter and spirit of statutory requirements.’ ” Id. at 84 (quoting Pierce County v. Evans, 17 Wn. App. 201, 204, 563 P.2d 1263 (1977)). "[L]ack of notice to an owner 'renders the sale and the tax deed void, or at least voidable, at the suit of the record owners or their grantee.’ ” In re Foreclosure of Liens, 117 Wn.2d at 89 (quoting Slocum v. Peterson, 131 Wash. 61, 68, 229 P. 20, 40 A.L.R. 1071 (1924) and Pierce County, 17 Wn. App. at 204).

RCW 84.64.050 provides in relevant part that notice of tax foreclosure proceedings must be given:

Notice and summons must be served or notice given in a man[147]*147ner reasonably calculated to inform the owner or owners, and any person having a recorded interest in or lien of record upon the property, of the foreclosure action .... Either (a) personal service upon the owner or owners and any person having a recorded interest in or lien or record upon the property, or (b) publication once in a newspaper of general circulation ... in the area of the property . . . and mailing of notice by certified mail to the owner or owners and any person having a recorded interest in or lien of record upon the property, or, if a mailing address is unavailable, personal service upon the occupant of the property, if any, is sufficient. . . . The person or persons whose name or names appear on the treasurer’s rolls as the owner or owners of the property shall be considered and treated as the owner or owners of the property for the purpose of this section .... PROVIDED, That prior to the sale of the property, the treasurer shall order or conduct a title search of the property to be sold to determine the legal description of the property to be sold and the record title holder, and if the record title holder or holders differ from the person or persons whose name or names appear on the treasurer’s rolls as the owner or owners, the record title holder or holders shall be considered and treated as the owner or owners of the property for the purpose of this section, and shall be entitled to the notice provided for in this section.

The notice issue is twofold under the statute. First, "owners” of the property must receive notice. Id. Second, the statute also requires that "any person having a recorded interest in or lien of record upon the property” must be given notice. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
922 P.2d 73, 130 Wash. 2d 142, 1996 Wash. LEXIS 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clallam-county-v-folk-wash-1996.