[WSBARP] Collection on Old Decree of Dissolution

[Eric Nelsen]

I like that thought, and David Paul Williams' suggestion of constructive
trust.

 

The fulfilment deed--does it have PC's signature? Maybe it's only a
release of the PC's ex's mortgage?

 

On constructive trust--accrual of cause of action comes I think on notice
of breach of trust...depends heavily on the facts but another avenue worth
exploring, if PC is only getting around to this now because PC just
discovered something that caused an inquiry. See Washington State Dept of
Revenue v. Puget Sound Power & Light Co., 103 Wn.2d 501 (1985), re accrual
of SoL on constructive trust and resulting trust.

 

Still a very long shot, I guess...

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Monday, August 18, 2014 10:44 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Collection on Old Decree of Dissolution

 

PC may still have a lien if PC did not convey the property.  It may be
worth something even though the obligation to pay cannot be enforced.  Or
there may be discovery of fraud issues?

 

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

www.hawkeslawfirm.com

206 367 5000

Fax is 206 367 4005

 

From: Clark, Catherine [mailto:Cat at loccc.com] 
Sent: Friday, August 15, 2014 12:34 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Collection on Old Decree of Dissolution

 

All:

 

I have been contacted by a PC who presents a Decree of Dissolution from
1982 which states that the parties are to share the monthly payments on a
real estate contract (they are the vendors) until the obligation is paid.
Said payments were not made to PC.  A fulfillment deed was recorded in
1988.

 

My initial thought is that the SoL has passed on all of this.  Is there
anything to be done for this PC?

 

Catherine C. Clark

Law Office of Catherine C. Clark PLLC

701 Fifth Avenue, Suite 4105

Seattle, WA  98104

Phone:  (206) 838-2528

Fax: (206) 374-3003

Email:  cat at loccc.com

 

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Bar Association nor its officers or agents. 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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