(1) Nothing contained in this
chapter shall prejudice the right of the borrower, grantor, any
guarantor, or any person who has an interest in, lien, or claim
of lien against the property or some part thereof, to restrain,
on any proper legal or equitable ground, a trustee's sale. The
court shall require as a condition of granting the restraining
order or injunction that the applicant pay to the clerk of the
court the sums that would be due on the obligation secured by the
deed of trust if the deed of trust was not being foreclosed:
(a) In the case of default in making the periodic payment of
principal, interest, and reserves, such sums shall be the
periodic payment of principal, interest, and reserves paid to the
clerk of the court every thirty days.
(b) In the case of default in making payment of an
obligation then fully payable by its terms, such sums shall be
the amount of interest accruing monthly on said obligation at the
nondefault rate, paid to the clerk of the court every thirty
days.
In the case of default in performance of any nonmonetary
obligation secured by the deed of trust, the court shall impose
such conditions as it deems just.
In addition, the court may condition granting the
restraining order or injunction upon the giving of security by
the applicant, in such form and amount as the court deems proper,
for the payment of such costs and damages, including attorneys'
fees, as may be later found by the court to have been incurred or
suffered by any party by reason of the restraining order or
injunction. The court may consider, upon proper showing, the
grantor's equity in the property in determining the amount of
said security.
(2) No court may grant a restraining order or injunction to
restrain a trustee's sale unless the person seeking the restraint
gives five days notice to the trustee of the time when, place
where, and the judge before whom the application for the
restraining order or injunction is to be made. This notice shall
include copies of all pleadings and related documents to be given
to the judge. No judge may act upon such application unless it
is accompanied by proof, evidenced by return of a sheriff, the
sheriff's deputy, or by any person eighteen years of age or over
who is competent to be a witness, that the notice has been served
on the trustee.
(3) If the restraining order or injunction is dissolved
after the date of the trustee's sale set forth in the notice as
provided in RCW 61.24.040(1)(f), the court granting such
restraining order or injunction, or before whom the order or
injunction is returnable, shall, at the request of the trustee,
set a new sale date which shall be not less than forty-five days
from the date of the order dissolving the restraining order. The
trustee shall:
(a) Comply with the requirements of RCW 61.24.040(1) (a)
through (f) at least thirty days before the new sale date; and
(b) Cause a copy of the notice of trustee's sale as provided
in RCW 61.24.040(1)(f) to be published in a legal newspaper in
each county in which the property or any part thereof is situated
once between the thirty-fifth and twenty-eighth day before the
sale and once between the fourteenth and seventh day before the
sale.
(4) If a trustee's sale has been stayed as a result of the
filing of a petition in federal bankruptcy court and an order is
entered in federal bankruptcy court granting relief from the stay
or closing or dismissing the case, or discharging the debtor with
the effect of removing the stay, the trustee may set a new sale
date which shall not be less than forty-five days after the date
of the bankruptcy court's order. The trustee shall:
(a) Comply with the requirements of RCW 61.24.040(1) (a)
through (f) at least thirty days before the new sale date; and
(b) Cause a copy of the notice of trustee's sale as provided
in RCW 61.24.040(1)(f) to be published in a legal newspaper in
each county in which the property or any part thereof is
situated, once between the thirty-fifth and twenty-eighth day
before the sale and once between the fourteenth and seventh day
before the sale.
(5) Subsections (3) and (4) of this section are permissive
only and do not prohibit the trustee from proceeding with a
trustee's sale following termination of any injunction or stay on
any date to which such sale has been properly continued in
accordance with RCW 61.24.040(6).
(6) The issuance of a restraining order or injunction shall
not prohibit the trustee from continuing the sale as provided in
RCW 61.24.040(6).
[2008 c 153 § 5; 1998 c 295 § 14; 1987 c 352 § 5; 1981 c 161 § 8; 1975 1st ex.s. c 129 § 6; 1965 c 74 § 13.]