Bulletin: WA000021

Bulletins by State or Territory
Bulletins by Country

Bulletin: WA000021

Bulletin Document
V 1
Date: August 27, 1990
To: All Washington Offices
RE: Real Estate Contract Forfeitures

Dear Associates:

RCW 61.30.140(2) provides that an action to set aside a real estate contract forfeiture must be both filed and served not later than sixty days after the declaration of forfeiture is recorded.

In this case a complaint to set aside a contract forfeiture was filed within the sixty days but was served too late. The court of appeals construed the statute very strictly and dismissed the complaint. Clarke v. Equinox Holdings Ltd., 783 P.2d 82 (W.App.1989).

The Washington Supreme Court declined to review the case. 113 Wash. 2d 1001, 777 P.2d 1050.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.


References

Bulletins Replaced:
  • None
Related Bulletins:
  • None
Underwriting Manual:
Exceptions Manual:
  • None
Forms:
  • None