(1) The
required notices shall be given in writing. The notice of intent
to forfeit shall be signed by the seller or by the seller's agent
or attorney. The declaration of forfeiture shall be signed and
sworn to by the seller. The seller may execute the declaration
of forfeiture through an agent under a power of attorney which is
of record at the time the declaration of forfeiture is recorded,
but in so doing the seller shall be subject to liability under
RCW 61.30.150 to the same extent as if the seller had personally
signed and sworn to the declaration.
(2) The required notices shall be given:
(a) In any manner provided in the contract or other
agreement with the seller; and
(b) By either personal service in the manner required for
civil actions in any county in which any of the property is
located or by mailing a copy to the person for whom it is
intended, postage prepaid, by certified or registered mail with
return receipt requested and by regular first-class mail,
addressed to the person at the person's address last known to the
seller or the seller's agent or attorney giving the notice. For
the purposes of this subsection, the seller or the seller's agent
or attorney giving the notice may rely upon the address stated in
any recorded document which entitles a person to receive the
required notices unless the seller or the seller's agent or
attorney giving the notice knows such address to be incorrect.
If the address or identity of a person for whom the required
notices are intended is not known to or reasonably discoverable
at the time the notice is given by the seller or the seller's
agent or attorney giving the notice, the required notices shall
be given to such person by posting a copy in a conspicuous place
on the property and publishing a copy thereof. The notice shall
be directed to the attention of all persons for whom the notice
is intended, including the names of the persons, if so known or
reasonably discoverable. The publication shall be made in a
newspaper approved pursuant to RCW 65.16.040 and published in
each county in which any of the property is located or, if no
approved newspaper is published in the county, in an adjoining
county, and if no approved newspaper is published in the county
or adjoining county, then in an approved newspaper published in
the capital of the state. The notice of intent to forfeit shall
be published once a week for two consecutive weeks. The
declaration of forfeiture shall be published once.
[1988 c 86 § 5; 1985 c 237 § 5.]