[WSBARP] Seizure of a boat house

Tue Mar 11 15:57:44 PDT 2014

Try Phillip Miller in Seattle- he gave a floating home/boathouse CLE a few
years back, and convinced me he knew this kind of thing. 

Dustin R. Klinger, P.C.
Partner

Miller Nash LLP
500 Broadway Street | Suite 400 | Vancouver, Washington 98660
Office: 360.699.4771 | Fax: 360.694.6413

 <mailto:Dustin.Klinger at MillerNash.com> E-Mail | Bio
<http://www.millernash.com/Dustin-R-Klinger>  | Social
<http://www.linkedin.com/company/23052?trk=NUS_DIG_CMPY-fol>  |
<http://www.millernash.com/resources/xpqGC.aspx?xpST=Blogs> Blogs 

Please consider the environment before printing this e-mail.

--------------------------------------
CONFIDENTIALITY NOTICE: This e-mail message may contain confidential or
privileged information. If you have received this message by mistake,
please do not review, disclose, copy, or distribute the e-mail. Instead,
please notify us immediately by replying to this message or telephoning
us. Thank you.
IRS CIRCULAR 230 NOTICE: Unless specifically designated in the message
above (including in any attachments), any advice that it may express about
tax matters was neither written nor intended by the sender or Miller Nash
LLP to be used and cannot be used by you or anyone else for the purpose of
(1) avoiding tax penalties that may be imposed under the United States
Internal Revenue Code or (2) promoting, marketing, or recommending to
another party any transaction, plan, or arrangement. Each taxpayer should
seek advice from the taxpayer's own independent tax adviser, based on the
taxpayer's particular circumstances. 
--------------------------------------

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of J Richard McEntee,
Jr.
Sent: Tuesday, March 11, 2014 9:47 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Seizure of a boat house

Hell List Mates

I posted this question to the Solo and Small Practice List-serve, but did
not come up with a definitive answer. I thought that I would see if any
members here have suggestions for me.

I have a PC who owns a marina. He has a tenant who abandoned a slip at the
marina. The tenant owes back rent for the space. Although the tenant’s
boat is gone, the tenant’s boat house remains in the rented space. It is
in a state of disrepair. The PC would like to offer the tenant the
following: Marina will repair the boathouse and sell it. From the sale the
marina will receive the costs of repair, costs of sale and the unpaid
rent. Anything beyond will be paid to the tenant. The PC wants to give the
tenant incentive to accept this offer. To do so, the PC wants to tell the
tenant what will happen if he does not accept the offer. 

MY QUESTION: if someone is familiar with this area of the law, what would
be the legal process to seize the boathouse and force a sale. There are
statutes that govern similar situations with boats/vessels and provide
expedited methods to handle seizure and sale. This however is limited to
vessels and I don’t believe that the boat house can be characterized as a
vessel. Perhaps it is just a matter of obtaining judgment on the rental
agreement and then having the sheriff seize and sell the property to
satisfy the judgment? 

Any suggestions would be appreciated.

RICH McENTEE

McENTEE LAW OFFICE

3800 Bridgeport Way W, Ste A411

University Place, WA 98466

253.227.9894(m)

jrmcentee at gmail.com       

===============================
- To contact the list administrator, send a message to:
<mailto:webmaster at wsbarppt.com> webmaster at wsbarppt.com 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
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. 

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
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. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 10806 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20140311/6a0495f4/winmail.dat>