That's impossible, Powell says in court documents.
Powell, 63, has requested a telephone hearing in order to object to the sale. He says he was never properly served with notice about the sale of his home, located at 18615 94th Avenue Court East.
In a court filing, Powell says he was "in transport" and did not receive the notice until Nov. 22 and that it was then misplaced by the Department of Corrections. By the time it was submitted, Powell had missed a filing deadline.
In the handwritten court filing, Powell says his two adult children currently reside in the home and will be left homeless by the sale.
"If defendant were married and his spouse occupied his home, it would clearly be considered his homestead though defendant be detained elsewhere," Powell writes in a court document.
Powell also says his personal belongings are in the home, which he plans to move into upon release from prison. Powell, who is incarcerated in the Monroe Correctional Facility in Monroe, Wash., will complete a 30-month sentence in March.
The Washington Department of Corrections rejected an early termination plan that would have allowed Powell to be released last May in part because he planned to move back into the residence. A second release plan fell apart in November after a landlord withdrew an offer to rent to Powell.