[WSBARP] Foreclosure/Eviction Gurus

[Clark, Catherine]

I once represented a homeowner who had been foreclosed.  The homeowner had
packed his belongings up and was going to move the property out.  When he
went back to retrieve his belongings, he discovered they were gone.  The
bank had hired a company to prepare the property for sale which had
“trashed out” his belongings.  We settled for a tidy sum on behalf of
homeowner.

 

I’d go through the process of a court order giving possession just to be
safe.  And I’d take pictures and get a video of the property in its
present state too.

 

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:   <javascript:_e(%7b%7d,%20'cvml',%20'cat at loccc.com');>
cat at loccc.com

NOTICE: The information contained in this electronic information
transmission is confidential. If you are not the intended recipient, or
the employee or agent responsible for delivering it to the intended
recipient, you are hereby notified that any use, dissemination,
distribution or copying of this communication is prohibited.  If you
received this communication in error, please immediately notify the sender
by telephone at (206) 838-2528. Thank you.

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Tuesday, May 6, 2014 5:17 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Foreclosure/Eviction Gurus

 

I have always taken the position in these foreclosure and forfeiture cases
after repossession if the owner or occupant is no longer living there the
real property and the personal property these has been abandoned and
belongs to the owner of the real property to do as said owner feels
appropriate. It is an easy decision if the personal property is junk or
worn out furniture or appliances but I have never had a situation where
something intrinsically valuable was left or found like jewelry

Or a cache of money.

This transmission contains confidential attorney-client communications and
may not be disclosed to any person but the intended recipient(s).  If this
matter is transmitted to you in error, please notify the sender
immediately.

To ensure compliance with requirements imposed by the IRS, we hereby
inform you that any U.S. tax advice contained in this communication
(including attachments, if any) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any matter addressed herein.

 

Bryce H. Dille 

Campbell, Dille, Barnett & Smith,  PLLC

P.O. Box 488

Puyallup, WA  98371

Voice:  253.848.3513

Fax: 253.845.4941

 <mailto:bryced at cdb-law.com> bryced at cdb-law.com

 

Business Entity Creation and Management

Business, Government and Tax Law

Real Estate and Land Use, Residential, Commercial and Condominium
Development

Real Estate and Commercial Transactions & Closings, Including Performing
Services as IRS Section 1031 Exchange Facilitator

Estate and Trust Planning & Administration, Including Planning for
Business Succession 

Representation Homeowners/Condominium Association Real Estate Developments

Real Property Foreclosures and Forfeitures

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, May 06, 2014 3:17 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Foreclosure/Eviction Gurus

 

CA Bank has foreclosed on residence.  Bank replaced locks on 20th day and
placed notices on front door.  Residence trashed with tons of personal
property thrown around.  It looks a cyclone hit the place or vandals
searched everything and threw everything on the floor like you see in the
spy movies.  CA Bank and Trustee think the debtor has abandoned but want
me to bring an unlawful detainer.  

 

What have your foreclosing lender clients done in the past when the place
is left trashed and lots of personal property?  Can the buyer at the
foreclosure sale dumpster everything or are there protections to the
debtor for abandoned personal property similar to the LL/T situation?
Can’t find the debtor now.

 

I guess if the debtors have disappeared and I can’t locate them in order
to serve them, I could use the post and mail alternative form of service
for an UD lawsuit but I’m not sure that gets my client anything (other
than a court order).

 

Any thoughts out there?  Should I tell the bank to pounce on the place and
dumpster everything now or go through the UD process, end up posting and
mailing the complaint, and get the court order for the Writ of
Restitution?  

 

(As an aside, the last time I brought a UD action after a foreclosure, the
Judge specifically pointed out to me that RCW 61.24.060 only invokes the
use of Chapter 59.12 and NOT Chapter 59.18 so my client wasn’t allowed to
haul things to the sidewalk and use all of the procedures set forth in
Chapter 59.18.  However, sensing my predicament, the Judge said I could
have used the Chapter 59.18 procedures if I specifically pled them in the
complaint. )

 

 

 

===============================
- 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:
<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: 33687 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20140507/d0124dee/winmail.dat>