Does a Purchaser at a Foreclosure Sale Take Title subject to Encumbrances recorded after the Borrower Executed the Deed of Trust?
The long-standing rule in Washington is first in time, first in right. This is the basic rule of Washington’s Recording Act at RCW 65.08.070. In addition, when a deed of trust is foreclosed under RCW 61.24, the trustee’s deed conveys all title that the borrower had at the time of executing the deed of trust to the purchaser.