(1) The proceedings to foreclose
the liens against all properties on a general certificate of
delinquency or on more than one individual certificate may be
brought in one action.
(2) No assessment, costs, or interest may be considered
illegal because of any irregularity in the assessment roll or
because the assessment roll has not been made, completed, or
returned within the time required by law, or because the property
has been charged or listed in the assessment roll without name,
or in any other name than that of the owner, and no error or
informality in the proceedings of any of the officers connected
with the assessment may invalidate or in any other manner affect
the assessment thereof. Any irregularities or informality in the
assessment roll or in any of the proceedings connected with the
assessment or any omission or defective act of any officer or
officers connected with the assessment may be, at the discretion
of the court corrected, supplied, and made to conform to the law
by the court. This subsection does not apply if the court finds
that the failure to conform to the law unfairly prejudices a
party with an interest in the property.
(3) A party with an interest in real property subject to
foreclosure within the district may file a written answer within
the time permitted by RCW 87.06.040(1)(d) asserting an objection
or defense to the entry of a foreclosure judgment against the
property. However, defenses or objections shall be limited to:
(a) The form of pleading; (b) manner of service; (c) invalidity
of the assessments claimed delinquent; (d) payment of the
assessments claimed delinquent; or (e) that the real property
against which foreclosure is sought is not subject to district
assessment. No counterclaim shall be permitted. The court shall
liberally permit amendment or supplementation of the district's
challenged pleading or procedure to cure the claimed defect.
(4) The court shall determine timely objections or defenses
to the district's foreclosure in a summary proceeding based only
on the district's pleading and the interested party's answer and
shall promptly pronounce judgment granting or denying the
foreclosure; or the court may, in its discretion, to provide
substantial justice to the parties, continue the case to a later
time to hear evidence on the issues raised by the answer.
Hearings under this section shall be limited to affidavits or
declarations, and shall be expedited.
[2004 c 215 § 5; 1988 c 134 § 6.]