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Promissory notes and deeds of trust are subject to Washington's six-year statute of limitations. Installment notes have two separate six-year limitations periods. The first applies to each payment and begins on the day it becomes overdue; the second applies to the entire debt and begins on the note's maturity date.
In general, you have six years to sue someone for rent, profit or use of real estate. Suits by Heirs or Guardianships. In general, heirs have 5 years to sue for real property sold by an executor. Guardianships have a similar statute of limitations with some exceptions for minors and those suffering from a disability.
A mortgage involves only two parties: the borrower and the lender. A deed of trust has a borrower, lender and a ?trustee.? The trustee is a neutral third party that holds the title to a property until the loan is completely paid off by the borrower.
While Washingtonians colloquially reference ?mortgages? when describing their home loans, the legal instrument that encumbers their property in Washington is more precisely a ?deed of trust.? A deed of trust is not (in the commonly-held sense) a ?deed,? in which a seller conveys title in real estate to a buyer.
With a deed of trust, the lender gives the borrower the funds to make the home purchase. In exchange, the borrower provides the lender with a promissory note. The promissory note outlines the terms of the loan and the borrower's promise (hence the name) to pay.
Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, ...
Normally a written contract has a six year statute of limitations per RCW 4.16. 040. However, an installment contract has two separate statutes of limitation that apply.
A trust deed may be foreclosed in court or by Trustee's Sale.