[WSBAPT] summary judgment bank foreclosure

[Marcus Fry]

Josh:
I don’t have briefing on this issue, but I would think the contract provision wouldn’t apply unless someone steps into the shoes of parents’ estate as the contract was between them.  May need to open a probate to assert their rights.  As to CR 11, it really depend how egregious the conduct has been, and that might be the case here, but I never count on CR 11 award for fees.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Friday, February 06, 2015 3:03 PM
To: wsbar trust
Subject: [WSBAPT] summary judgment bank foreclosure

I am wondering if anyone has  sample form(s)?

My client has been served with a foreclosure complaint and summons.  I have explained repeatedly that B of A has no right to foreclose.  Client’s parents were the borrowers. A year or so before they borrowed from BofA they gave house to client retaining a life estate on it.  Title company goofed and didn’t notice the deed.  Title company has admitted that goof, and I have told bank to go collect on lender’s title policy.  Parents died many years ago(way more than 2).  Because all they could encumber was a life estate, and the life estates are long gone, foreclosure compalint of the house should be cancelled by summary judgment. No action against parents’ estates in the 2 years since they died.

Anyone have a summary judgment forms that would be similar that I can work off of?

I will be asking for attorney fees under RCW 4.84.330 (contract provides for attorneys’ fees = prevailing party collects).  I will put that in the answer as well.
I have pointed all this out many times over the last several years to various collection bureau’s, so I would think the complaint to foreclose violated CR 11, except that the collection bureau probably didn’t pass on the info to the attorney.  I don’t need CR 11 anyway because of 4.84.330.  Maybe if they oppose the summary judgment motion?

thanks

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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