HB 1005 — Regarding foreclosure and distraint sales of manufactured/mobile or park model homes.

H-1626.1SUBSTITUTEH-0165.1HOUSE HOUSE BILL 1005State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentative CivilAppletonPrefiled Rights12/04/18.Read &first Judiciarytime (originally01/14/19.Referred sponsoredto byCommittee Representativeon Appleton)READCivil FIRSTRights TIME& 02/14/19.ANJudiciary.AN ACT Relating to sales of manufactured/mobile or park model homes at county treasurer's foreclosure or distraint sales;

and amending RCW 46.12.70046.12.700.BE and 84.56.070.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec.

Any lienholderleinholder interest in a manufactured/mobile or park model home isare extinguished by the county treasurer's foreclosure or distraint sale, provided that the county treasurer provided such lienholder, as listed on the title, a copy of the notice of sale at his or her last known address, by registered letter, at least thirty days prior to the date of sale.(4) Evidence of taxes paid.

The department may adopt rules as necessary to implement this section.Sec.section.--- END ---

2.

RCW 84.56.070 and 2015 c 95 s 8 are each amended to read as follows:(1) The county treasurer must proceed to collect all personal property taxes after first completing the tax roll for the current year's collection.(2) The treasurer must give notice by mail to all persons charged with personal property taxes, and if the taxes are not paid before they become delinquent, the treasurer must commence delinquent collection efforts.

A delinquent collection charge for costs incurred by the treasurer may be added to the account.(3) In the event that the treasurer is unable to collect the taxes when due under this section, the treasurer must prepare papers in distraint.

The papers must contain a description of the personal property, the amount of taxes, including any amounts deferred under chapters 84.37 and 84.38 RCW that are a lien on the personal property to be distrained, the amount of the accrued interest at the rate provided by law from the date of delinquency, and the name of the owner or reputed owner.(a) The treasurer must without demand or notice distrain sufficient goods and chattels belonging to the person charged with the taxes to pay the same, with interest at the rate provided by law from the date of delinquency, together with all accruing costs.

The treasurer must proceed to advertise the distraint by posting written notices in three public places in the county in which the property has been distrained, including the county courthouse.

The notice must state the time when and place where the property will be sold.(b) The county treasurer, or the treasurer's deputy, must tax the same fees for making the distraint and sale of goods and chattels for the payment of taxes as are allowed by law to sheriffs for making levy and sale of property on execution.

Traveling fees must be computed from the county seat of the county to the place of making distraint.(c) If the taxes for which the property is distrained, and the interest and costs accruing thereon, are not paid before the date appointed for the sale, which may not be less than ten days after the taking of the property, the treasurer or treasurer's designee must proceed to sell the property at public auction, or so much thereof as is sufficient to pay the taxes and any amounts deferred under chapters 84.37 and 84.38 RCW that are a lien on the property to be sold, with interest and costs.

If there is any excess of money arising from the sale of any personal property, the treasurer must pay the excess less any cost of the auction to the owner of the property so sold or to his or her legal representative.(d) If necessary to distrain any standing timber owned separately from the ownership of the land upon which the same may stand, or any fish trap, pound net, reef net, set net, or drag seine fishing location, or any other personal property as the treasurer determines to be incapable or reasonably impracticable of manual delivery, it is deemed to have been distrained and taken into possession when the treasurer has, at least thirty days before the date fixed for the sale thereof, filed with the auditor of the county wherein the property is located a notice in writing reciting that the treasurer has distrained the property.

The notice must describe the property, give the name of the owner or reputed owner, the amount of the tax due, with interest, and the time and place of sale.

A copy of the notice must also be sent to the owner or reputed owner at his or her last known address, by registered letter at least thirty days prior to the date of sale.(e) If the county treasurer has reasonable grounds to believe that any personal property, including mobile homes, manufactured homes, or park model trailers, upon which taxes have been levied, but not paid, is about to be removed from the county where the property has been assessed, or is about to be destroyed, sold, or disposed of, the county treasurer may demand the taxes, without the notice provided for in this section, and if necessary distrain sufficient goods and chattels to pay the same.(4) As an alternative to the sale procedure specified in this section, the county treasurer may conduct a public auction sale by electronic media pursuant to RCW 36.16.145.--- END ---