SB5862

SB5862 – Has the county or county treasurer take any steps in foreclosure proceedings to facilitate the enforcement of a CPACER lien that can’t be done by the capital provider.
Prime Sponsor – Senator Lovelett (D; 40th District; Anacortes) (Co-Sponsors Rivers, Fortunato, Gildon, and Jeff Wilson – Rs; Kuderer, Lovick, Nguyen, Nobles, Stanford, and Claire Wilson – Ds)
Current status – Had a hearing in the House Committee on Local Government February 16th. Passed out of committee February 18th. Referred to Rules, and passed by the House March 4th.
Next step would be – To the Governor.
Legislative tracking page for the bill.

In the Senate – Passed
Passed out of Environment, Energy & Technology January 19th; referred to Housing and Local Government. Had a hearing there January 26th. Replaced by a substitute from the prime sponsor rewriting the section about responsibilities for collection to try to establish that’s the responsibility of the lender, and that the government is not playing a constitutionally impermissible role in the process. Referred to Rules, and passed  by the Senate unanimously February 9th.

Summary –
The bill would have the county or county treasurer undertake any action or obligation in foreclosure proceedings under RCW 84.64.80 to facilitate the enforcement of a CPACER lien that can’t be done by the capital provider or an assignee. It specifies that these are just to “facilitate the enforcement of the C-PACER lien by the capital provider or assignee” and shall not constitute prohibited enforcement activities under RCW 36.165.110, which says that a county “may not enforce any privately financed debt.” Any money received related to delinquent installments would go to the capital provider, who would reimburse the county or the treasurer for their costs.