reglab/housing_qa huggingface dataset:
WA Rev Code § 61.30.030 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.030 - Conditions to forfeiture.

RCW 61.30.030 Conditions to forfeiture.It shall be a condition to forfeiture of a real estate contract that:(1) The contract being forfeited, or a memorandum thereof, is recorded in each county in which any of the property is located;(2) A breach has occurred in one or more of the purchaser's obligations under the contract and the contract provides that as a result of such breach the seller is entitled to forfeit the contract; and(3) Except for petitions for the appointment of a receiver, no arbitration or judicial action is pending on a claim made by the seller against the purchaser on any obligation secured by the contract.[ 1988 c 86 § 3; 1985 c 237 § 3.]
WA Rev Code § 61.30.050 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.050 - Notices—Form—Method of service.

RCW 61.30.050 Notices—Form—Method of service.(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.]
WA Rev Code § 61.30.060 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.060 - Notice of intent to forfeit—Declaration of forfeiture—Time limitations.

RCW 61.30.060 Notice of intent to forfeit—Declaration of forfeiture—Time limitations.The notice of intent to forfeit shall be given not later than ten days after it is recorded. The declaration of forfeiture shall be given not later than three days after it is recorded. Either required notice may be given before it is recorded, but the declaration of forfeiture may not be given before the time for cure has expired. Notices which are served or mailed are given for the purposes of this section when served or mailed. Notices which must be posted and published as provided in RCW 61.30.050(2)(b) are given for the purposes of this section when both posted and first published.[ 1988 c 86 § 6; 1985 c 237 § 6.]
WA Rev Code § 61.30.080 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.080 - Failure to give required notices.

RCW 61.30.080 Failure to give required notices.(1) If the seller fails to give any required notice within the time required by this chapter, the seller may record and give a subsequent notice of intent to forfeit or declaration of forfeiture, as applicable. Any such subsequent notice shall (a) include revised dates and information to the extent necessary to conform to this chapter as if the superseded notice had not been given or recorded; (b) state that it supersedes the notice being replaced; and (c) render void the previous notice which it replaces.(2) If the seller fails to give the notice of intent to forfeit to all persons whose interests the seller desires to forfeit or to record such notice as required by this chapter, and if the declaration of forfeiture has not been given or recorded, the seller may give and record a new set of notices as required by this chapter. However, the new notices shall contain a statement that they supersede and replace the earlier notices and shall provide a new time for cure.(3) If the seller fails to give any required notice to all persons whose interests the seller desires to forfeit or to record such notice as required by this chapter, and if the declaration of forfeiture has been given or recorded, the seller may apply for a court order setting aside the forfeiture previously made, and to the extent such order is entered, the seller may proceed as if no forfeiture had been commenced. However, no such order may be obtained without joinder and service upon the persons who were given the required notices and all other persons whose interests the seller desires to forfeit.[ 1988 c 86 § 8; 1985 c 237 § 8.]
WA Rev Code § 61.30.100 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.100 - Effect of forfeiture.

RCW 61.30.100 Effect of forfeiture.(1) The recorded and sworn declaration of forfeiture shall be prima facie evidence of the extent of the forfeiture and compliance with this chapter and, except as otherwise provided in RCW 61.30.040 (1) and (2), conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value.(2) Except as otherwise provided in this chapter or the contract or other agreement with the seller, forfeiture of a contract under this chapter shall have the following effects:(a) The purchaser, and all persons claiming through the purchaser or whose interests are otherwise subordinate to the seller's interest in the property who were given the required notices pursuant to this chapter, shall have no further rights in the contract or the property and no person shall have any right, by statute or otherwise, to redeem the property;(b) All sums previously paid under the contract by or on behalf of the purchaser shall belong to and be retained by the seller or other person to whom paid; and(c) All of the purchaser's rights in all improvements made to the property and in unharvested crops and timber thereon at the time the declaration of forfeiture is recorded shall be forfeited to the seller.(3) The seller shall be entitled to possession of the property ten days after the declaration of forfeiture is recorded or any longer period provided in the contract or any other agreement with the seller. The seller may proceed under chapter 59.12 RCW to obtain such possession. Any person in possession who fails to surrender possession when required shall be liable to the seller for actual damages caused by such failure and for reasonable attorneys' fees and costs of the action.(4) After the declaration of forfeiture is recorded, the seller shall have no claim against and the purchaser shall not be liable to the seller for any portion of the purchase price unpaid or for any other breach of the purchaser's obligations under the contract, except for damages caused by waste to the property to the extent such waste results in the fair market value of the property on the date the declaration of forfeiture is recorded being less than the unpaid monetary obligations under the contract and all liens or contracts having priority over the seller's interest in the property.[ 1988 c 86 § 10; 1985 c 237 § 10.]
WA Rev Code § 61.30.110 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.110 - Forfeiture may be restrained or enjoined.

RCW 61.30.110 Forfeiture may be restrained or enjoined.(1) The forfeiture may be restrained or enjoined or the time for cure may be extended by court order only as provided in this section. A certified copy of any restraining order or injunction may be recorded in each county in which any part of the property is located.(2) Any person entitled to cure the default may bring or join in an action under this section. No other person may bring such an action without leave of court first given for good cause shown. Any such action shall be commenced by filing and serving the summons and complaint before the declaration of forfeiture is recorded. Service shall be made upon the seller or the seller's agent or attorney, if any, who gave the notice of intent to forfeit. Concurrently with commencement of the action, the person bringing the action shall record a lis pendens in each county in which any part of the property is located. A court may preliminarily enjoin the giving and recording of the declaration of forfeiture upon a prima facie showing of the grounds set forth in this section for a permanent injunction. If the court issues an order restraining or enjoining the forfeiture then until such order expires or is vacated or the court otherwise permits the seller to proceed with the forfeiture, the declaration of forfeiture shall not be given or recorded. However, the commencement of the action shall not of itself extend the time for cure.(3) The forfeiture may be permanently enjoined only when the person bringing the action proves that there is no default as claimed in the notice of intent to forfeit or that the purchaser has a claim against the seller which releases, discharges, or excuses the default claimed in the notice of intent to forfeit, including by offset, or that there exists any material noncompliance with this chapter. The time for cure may be extended only when the default alleged is other than the failure to pay money, the nature of the default is such that it cannot practically be cured within the time stated in the notice of intent to forfeit, action has been taken and is diligently being pursued which would cure the default, and any person entitled to cure is ready, willing, and able to timely perform all of the purchaser's other contract obligations.[ 1988 c 86 § 11; 1985 c 237 § 11.]
WA Rev Code § 61.30.130 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.130 - Forfeiture may proceed upon expiration of judicial order—Court may award attorneys' fees or impose conditions—Venue.

RCW 61.30.130 Forfeiture may proceed upon expiration of judicial order—Court may award attorneys' fees or impose conditions—Venue.(1) If an order restraining or enjoining the forfeiture or an order of sale under RCW 61.30.120 expires or is dissolved or vacated at least ten days before expiration of the time for cure, the seller may proceed with the forfeiture under this chapter if the default is not cured at the end of the time for cure. If any such order expires or is dissolved or vacated or such other final disposition is made at any time later than stated in the first sentence of this subsection, the seller may proceed with the forfeiture under this chapter if the default is not cured, except the time for cure shall be extended for ten days after the final disposition or the expiration of, or entry of the order dissolving or vacating, the order.(2) In actions under RCW 61.30.110 and 61.30.120, the court may award reasonable attorneys' fees and costs of the action to the prevailing party, except for such fees and costs incurred by a person requesting a public sale of the property.(3) In actions under RCW 61.30.110 and 61.30.120, on the seller's motion the court may (a) require the person commencing the action to provide a bond or other security against all or a portion of the seller's damages and (b) impose other conditions, the failure of which may be cause for entry of an order dismissing the action and dissolving or vacating any restraining order, injunction, or other order previously entered.(4) Actions under RCW 61.30.110, 61.30.120, or 61.30.140 shall be brought in the superior court of the county where the property is located or, if the property is located in more than one county, then in any of such counties, regardless of whether the property is contiguous or noncontiguous.[ 1988 c 86 § 13; 1985 c 237 § 13.]
WA Rev Code § 61.30.150 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.150 - False swearing—Penalty—Failure to comply with chapter—Liability.

RCW 61.30.150 False swearing—Penalty—Failure to comply with chapter—Liability.(1) Whoever knowingly swears falsely to any statement required by this chapter to be sworn is guilty of perjury and shall be liable for the statutory penalties therefor.(2) A seller who records a declaration of forfeiture with actual knowledge or reason to know of a material failure to comply with any requirement of this chapter is liable to any person whose interest in the property or the contract, or both, has been forfeited without material compliance with this chapter for actual damages and actual attorneys' fees and costs of the action and, in the court's discretion, exemplary damages.[ 1988 c 86 § 15; 1985 c 237 § 15.]
WA Rev Code § 61.30.160 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.160 - Priority of actions under chapter.

RCW 61.30.160 Priority of actions under chapter.An action brought under RCW 61.30.110, 61.30.120, or 61.30.140 shall take precedence over all other civil actions except those described in RCW 59.12.130.[ 1985 c 237 § 16.]
WA Rev Code § 61.30.900 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.900 - Short title.

RCW 61.30.900 Short title.This chapter may be known and cited as the real estate contract forfeiture act.[ 1985 c 237 § 17.]
WA Rev Code § 61.30.910 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.910 - Effective date—Application—1985 c 237.

RCW 61.30.910 Effective date—Application—1985 c 237.This act shall take effect January 1, 1986, and shall apply to all real estate contract forfeitures initiated on or after that date, regardless of when the real estate contract was made.[ 1985 c 237 § 21.]
WA Rev Code § 61.30.911 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.30 - Real Estate Contract Forfeitures.|61.30.911 - Application—1988 c 86.

RCW 61.30.911 Application—1988 c 86.This act applies to all real estate contract forfeitures initiated on or after June 9, 1988, regardless of when the real estate contract was made.[ 1988 c 86 § 16.]
WA Rev Code § 61.34.010 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.34 - Distressed Property Conveyances.|61.34.010 - Legislative findings.

RCW 61.34.010 Legislative findings.The legislature finds that persons are engaging in patterns of conduct which defraud innocent homeowners of their equity interest or other value in residential dwellings under the guise of a purchase of the owner's residence but which is in fact a device to convert the owner's equity interest or other value in the residence to an equity skimmer, who fails to make payments, diverts the equity or other value to the skimmer's benefit, and leaves the innocent homeowner with a resulting financial loss or debt.The legislature further finds this activity of equity skimming to be contrary to the public policy of this state and therefore establishes the crime of equity skimming to address this form of real estate fraud and abuse.[ 1988 c 33 § 1.]
WA Rev Code § 61.34.030 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.34 - Distressed Property Conveyances.|61.34.030 - Criminal penalty.

RCW 61.34.030 Criminal penalty.Any person who wilfully engages in a pattern of equity skimming is guilty of a class B felony under RCW 9A.20.021. Equity skimming shall be classified as a level II offense under chapter 9.94A RCW, and each act of equity skimming found beyond a reasonable doubt or admitted by the defendant upon a plea of guilty to be included in the pattern of equity skimming, shall be a separate current offense for the purpose of determining the sentence range for each current offense pursuant to RCW 9.94A.589(1)(a).[ 1988 c 33 § 2.]
WA Rev Code § 61.34.040 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.34 - Distressed Property Conveyances.|61.34.040 - Application of consumer protection act—Remedies are cumulative.

RCW 61.34.040 Application of consumer protection act—Remedies are cumulative.(1) In addition to the criminal penalties provided in RCW 61.34.030, the legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair method of competition for the purpose of applying chapter 19.86 RCW.(2) In a private right of action under chapter 19.86 RCW for a violation of this chapter, the court may double or triple the award of damages pursuant to RCW 19.86.090, subject to the statutory limit. If, however, the court determines that the defendant acted in bad faith, the limit for doubling or tripling the award of damages may be increased, but shall not exceed one hundred thousand dollars. Any claim for damages brought under this chapter must be commenced within four years after the date of the alleged violation.(3) The remedies provided in this chapter are cumulative and do not restrict any remedy that is otherwise available. The provisions of this chapter are not exclusive and are in addition to any other requirements, rights, remedies, and penalties provided by law. An action under this chapter shall not affect the rights in the distressed home held by a distressed home purchaser for value under this chapter or other applicable law.[ 2008 c 278 § 11; 1988 c 33 § 3.]
WA Rev Code § 61.34.045 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.34 - Distressed Property Conveyances.|61.34.045 - Arbitration not required.

RCW 61.34.045 Arbitration not required.(1) Any provision in a contract that attempts or purports to require arbitration of any dispute arising under this chapter is void at the option of the distressed homeowner.(2) This section applies to any contract entered into on or after June 12, 2008.[ 2008 c 278 § 9.]
WA Rev Code § 61.34.060 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.34 - Distressed Property Conveyances.|61.34.060 - Distressed home consultant—Fiduciary duties.

RCW 61.34.060 Distressed home consultant—Fiduciary duties.A distressed home consultant has a fiduciary relationship with the distressed homeowner, and each distressed home consultant is subject to all requirements for fiduciaries otherwise applicable under state law. A distressed home consultant's fiduciary duties include, but are not limited to, the following:(1) To act in the distressed homeowner's best interest and in utmost good faith toward the distressed homeowner, and not compromise a distressed homeowner's right or interest in favor of another's right or interest, including a right or interest of the distressed home consultant;(2) To disclose to the distressed homeowner all material facts of which the distressed home consultant has knowledge that might reasonably affect the distressed homeowner's rights, interests, or ability to receive the distressed homeowner's intended benefit from the residential mortgage loan;(3) To use reasonable care in performing his or her duties; and(4) To provide an accounting to the distressed homeowner for all money and property received from the distressed homeowner.[ 2008 c 278 § 3.]
WA Rev Code § 61.34.070 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.34 - Distressed Property Conveyances.|61.34.070 - Waiver of rights.

RCW 61.34.070 Waiver of rights.(1) A person may not induce or attempt to induce a distressed homeowner to waive his or her rights under this chapter.(2) Any waiver by a homeowner of the provisions of this chapter is void and unenforceable as contrary to public policy.[ 2008 c 278 § 4.]
WA Rev Code § 61.34.080 (2021)
2021 Revised Code of Washington|Title 61 - Mortgages, Deeds of Trust, and Real Estate Contracts|Chapter 61.34 - Distressed Property Conveyances.|61.34.080 - Distressed home reconveyance—Requirements.

RCW 61.34.080 Distressed home reconveyance—Requirements.A distressed home purchaser shall enter into a distressed home reconveyance in the form of a written contract. The contract must be written in at least twelve-point boldface type in the same language principally used by the distressed home purchaser and distressed homeowner to negotiate the sale of the distressed home, and must be fully completed, signed, and dated by the distressed homeowner and distressed home purchaser before the execution of any instrument of conveyance of the distressed home.[ 2008 c 278 § 5.]