[WSBARP] Unsecured loan

[NC]

Why not have them confess to a judgement? Is the funding traceable?

On Tuesday, July 5, 2016, Kathleen Hopkins <khopkins at rp-lawgroup.com> wrote:

> I do not opine on the lis pendens, but do concur on prejudgment writ; my
> recollection is that they were a bit easier to get on real estate than
> other assets (but demur to the litigators on the list).  Consider also that
> since the amount due is a sum certain, perhaps the kids will wake up if you
> claim pre-judgment interest at the WA judgment rate (presently 12%) started
> to accrue on the date the loan was due.
>
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>
> *Kathleen J. Hopkins *
>
> Real Property Law Group, PLLC
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> 1326 Fifth Avenue, Suite 654
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> Seattle, WA 98101
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> Phone & Fax: (206) 625-0404
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> email: khopkins at rp-lawgroup.com
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> *From:* wsbarp-bounces at lists.wsbarppt.com
> <javascript:_e(%7B%7D,'cvml','wsbarp-bounces at lists.wsbarppt.com');>
> [mailto:wsbarp-bounces at lists.wsbarppt.com
> <javascript:_e(%7B%7D,'cvml','wsbarp-bounces at lists.wsbarppt.com');>] *On
> Behalf Of *Andrew Hay
> *Sent:* Tuesday, July 05, 2016 10:17 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
> <javascript:_e(%7B%7D,'cvml','wsbarp at lists.wsbarppt.com');>>; '
> bryced at cdb-law.com <javascript:_e(%7B%7D,'cvml','bryced at cdb-law.com');>' <
> bryced at cdb-law.com <javascript:_e(%7B%7D,'cvml','bryced at cdb-law.com');>>
> *Subject:* Re: [WSBARP] Unsecured loan
>
>
>
> 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.
>
>
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> This also makes them spend some money up front for the attachment hearings
> and they may agree to the writ to avoid that cost.
>
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>
> 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
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> Tacoma, WA  98418
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> *From:* wsbarp-bounces at lists.wsbarppt.com
> <javascript:_e(%7B%7D,'cvml','wsbarp-bounces at lists.wsbarppt.com');> [
> mailto:wsbarp-bounces at lists.wsbarppt.com
> <javascript:_e(%7B%7D,'cvml','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
> <javascript:_e(%7B%7D,'cvml','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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>
> [image: cid:image001.jpg at 01D1AB8F.1C8227E0]
>
> *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 <javascript:_e(%7B%7D,'cvml','bryced at cdb-law.com');>
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Nicholas L. Clapham
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