No Right to Unilaterally Withdraw Bid at Sheriff’s Sale

Daniel W. Pashniak, the purchaser of two condominiums at a foreclosure sale, now wants to withdraw his bids. The judgment creditor, Sixty-01 Association of Apartment Owners, wants to confirm the sales. RCW 6.21.110 governs the confirmation of sales of real estate. RCW 6.21.11 0(2) states, “The judgment creditor or successful purchaser at the sheriffs sale is entitled to an order confirming the sale.” The issue is whether a Withdraw bid at Sheriff's salesuccessful purchaser has a right to withdraw his or her bid prior to confirmation or if a judgment creditor is entitled to confirmation of the sale absent substantial irregularities, even if the purchaser no longer wishes to purchase the property. We hold that a third party purchaser does not have a unilateral right to withdraw a successful bid before confirmation. Either the purchaser or the judgment creditor can move for confirmation, and the sale should be confirmed by the court unless a debtor or a nondefaulting party who received notice proves there were substantial irregularities in the proceedings. Further, while a court may invalidate a sale based on equitable considerations, this situation does not merit such a remedy. We affirm the Court of Appeals and confirm both sales. Aug. 21, 2014 – Aug. 21, 2014 – 89805-7 – Sixty-01 Ass’n of Apt. Owners v. Pashniak

Decision: www.140821 WSC no right to withdraw bid Washington Supreme Court denies the successful bidder the right to unilaterally withdraw bid at sheriff’s sale.

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