In foreclosing local improvement assessments the action shall be
tried to the court without a jury. If the parties interested in
any particular lot, tract, or parcel default, the court may enter
judgment of foreclosure and sale as to such parties and lots,
tracts, or parcels and the action may proceed as to the remaining
defendants and lots, tracts, or parcels. Judgment and order of
sale may be entered as to any one or more separate lots, tracts, or
parcels involved in the action and the court shall retain
jurisdiction to others.
The judgment shall specify separately the amount of the
installments with interest, penalty, and all reasonable
administrative costs, including, but not limited to, the title
searches, chargeable to each lot, tract, or parcel. The judgment
shall have the effect of a separate judgment as to each lot, tract,
or parcel described in the judgment, and any appeal shall not
invalidate or delay the judgment except as to the property
concerning which the appeal is taken. In the judgment the court
shall order the lots, tracts, or parcels therein described sold by
the city or town treasurer or by the county sheriff and an order of
sale shall issue pursuant thereto for the enforcement of the
judgment.
In all other respects, the trial, judgment, and appeals to the
supreme court or the court of appeals shall be governed by the
statutes governing the foreclosure of mortgages on real property.
Prior to the sale of the property, if the property is shown on
the property tax rolls under unknown owner or if the property
contains a residential structure having an assessed value of two
thousand dollars or more, the treasurer shall order or conduct a
title search of the property to determine the record title holders
and all persons claiming a mortgage, deed of trust, or mechanic's,
laborer's, materialmen's, or vendor's lien on the property.
At least thirty days prior to the sale of the property, a copy
of the notice of sale shall be mailed by certified and regular mail
to all defendants in the foreclosure action as to that parcel, lot,
or tract and, if the owner is unknown or the property contains a
residential structure having an assessed value of two thousand
dollars or more, a copy of the notice of sale shall be mailed by
regular and certified mail to any additional record title holders
and persons claiming a mortgage, deed of trust, or mechanic's,
laborer's, materialmen's, or vendor's lien on the property.
In all other respects the procedure for sale shall be
conducted in the same manner as property tax sales described in RCW 84.64.080.
[1997 c 393 § 3; 1983 c 303 § 21; 1982 c 91 § 7; 1971 c 81 § 93; 1965 c 7 § 35.50.260. Prior: 1933 c 9 § 2, part; RRS § 9386-1, part.]
NOTES:
Severability -- 1983 c 303: See RCW 36.60.905.
Severability -- 1982 c 91: See note following RCW 35.50.030.
Foreclosure of real estate mortgages and personal property liens: Chapter 61.12 RCW.
Foreclosure of special assessments by water-sewer districts -- Attorneys' fees: RCW 57.16.150.