[WSBARP] Unsecured loan

Tue Jul 5 16:03:17 PDT 2016

Nothing comes to mind that could be recorded, but if note is due, and daughter & husband won’t sign something, why not just seek money judgment?

Title will pick it up lawsuit and list it as an exception if they try to convey.

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of NC
Sent: Tuesday, July 5, 2016 2:27 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Unsecured loan

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

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

Kathleen J. Hopkins
Real Property Law Group, PLLC
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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.

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
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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.

Bryce H. Dille | Attorney at Law

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