[WSBARP] Unsecured loan

[Eric Nelsen]

Unsecured is unsecured and I think even a lis pendens would not be proper, unless you are alleging an equitable mortgage as a cause of action, or some other cause of action that directly affects title to the property. Prejudgment writ of attachment is the possible remedy when a lis pendens is not appropriate, but the burden is very high and I'm not sure your facts meet the requirements.

If Mom is willing to sue, I think getting it started and reduced to judgment asap is only solution. Plus Mom does estate planning to cut out the daughter at least to the full value of the loan.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

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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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