RCW 7.28.230
Mortgagee cannot maintain action for possession—Possession to collect mortgaged, pledged, or assigned rents and profits—Perfection of security interest.
(1) A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law: PROVIDED, That nothing in this section shall be construed as any limitation upon the right of the owner of real property to mortgage, pledge or assign the rents and profits thereof, nor as prohibiting the mortgagee, pledgee or assignee of such rents and profits, or any trustee under a mortgage or trust deed either contemporaneously or upon the happening of a future event of default, from entering into possession of any real property, other than farmlands or the homestead of the mortgagor or his or her successor in interest, for the purpose of collecting the rents and profits thereof for application in accordance with the provisions of the mortgage or trust deed or other instrument creating the lien, nor as any limitation upon the power of a court of equity to appoint a receiver to take charge of such real property and collect such rents and profits thereof for application in accordance with the terms of such mortgage, trust deed, or assignment.
(2) Until paid, the rents and profits of real property constitute real property for the purposes of mortgages, trust deeds, or assignments whether or not said rents and profits have accrued. The provisions of RCW 65.08.070 as now or hereafter amended shall be applicable to such rents and profits, and such rents and profits are excluded from *Article 62A.9 RCW.
(3) The recording of an assignment, mortgage, or pledge of unpaid rents and profits of real property, intended as security, in accordance with RCW 65.08.070, shall immediately perfect the security interest in the assignee, mortgagee, or pledgee and shall not require any further action by the holder of the security interest to be perfected as to any subsequent purchaser, mortgagee, or assignee. Any lien created by such assignment, mortgage, or pledge shall, when recorded, be deemed specific, perfected, and choate even if recorded prior to July 23, 1989.
[ 2011 c 336 § 179; 1991 c 188 § 1; 1989 c 73 § 1; 1969 ex.s. c 122 § 1; Code 1881 § 546; 1877 p 114 § 550; 1869 p 130 § 498; RRS § 804.]
NOTES:
*Reviser's note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW.
Structure Revised Code of Washington
Title 7 - Special Proceedings and Actions
Chapter 7.28 - Ejectment, Quieting Title.
7.28.010 - Who may maintain actions—Service on nonresident defendant.
7.28.060 - Rights inhere to heirs, devisees and assigns.
7.28.070 - Adverse possession under claim and color of title—Payment of taxes.
7.28.080 - Color of title to vacant and unoccupied land.
7.28.085 - Adverse possession—Forestland—Additional requirements—Exceptions.
7.28.110 - Substitution of landlord in action against tenant.
7.28.120 - Pleadings—Superior title prevails.
7.28.130 - Defendant must plead nature of his or her estate or right to possession.
7.28.150 - Damages—Limitation—Permanent improvements.
7.28.160 - Defendant's counterclaim for permanent improvements and taxes paid.
7.28.190 - Verdict where plaintiff's right to possession expires before trial.
7.28.200 - Order for survey of property.
7.28.210 - Order for survey of property—Contents of order—Service.
7.28.220 - Alienation by defendant, effect of.
7.28.240 - Action between cotenants.
7.28.250 - Action against tenant on failure to pay rent.
7.28.260 - Effect of judgment—Lis pendens—Vacation.
7.28.270 - Effect of vacation of judgment.
7.28.280 - Conflicting claims, donation law, generally—Joinder of parties.
7.28.300 - Quieting title against outlawed mortgage or deed of trust.