[WSBARP] Unsecured loan

[Andrew Hay]

Hi Bryce

I like the prejudgment writ approach idea too.  You would need to post a bond, but you might get a judge to use an offset the kids' admitted liability to mom on the loan to satisfy the bond requirement.

This also makes them spend some money up front for the attachment hearings and they may agree to the writ to avoid that cost.

Constructive or equitable trust and unjust enrichment based on the mom's fund being used to create the asset gives you a basis for the lis pendens.

A

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>


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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Tuesday, July 05, 2016 9:40 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Unsecured loan

Parent loans money to daughter and husband for them to buy property and build a spec house. House is now completed. Repayment terms were when house is sold they would repay her no interest. They don't want to pay her the total amount that due.  Loan of course is unsecured. Anything that could be recorded to protect the Mom and get her payment that wouldn't be slander of title. Some type of Lis Pendens is only thing I can think of. Does someone out there have a more creative approach.



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Bryce H. Dille | Attorney at Law

P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://www.cdb-law.com/>





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