[WSBARP] US District Court Warrant to Seize Property

Wed Oct 19 08:23:28 PDT 2016

I have not been able to contact the judge’s chambers who signed the warrant, as they are a few hours behind us, but I will do so. However, given what I know at this time, I do believe the warrant to be valid. I also assume it is a criminal matter as the FBI is the agency that served the escrow company.

I am not worried about the seller liability. I am concerned that if the escrow company fails to follow the escrow instructions as given, that the seller may have recourse against the escrow company. Sure it looks like they have bigger problems, but the proceeds are very large.

Kristina A. Driessen
Ryan & Driessen
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
kristina at rdattys.comcastbiz.net

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Blackmon
Sent: Wednesday, October 19, 2016 8:14 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] US District Court Warrant to Seize Property

I see it differently. Is there any reason to believe the warrant IS NOT valid? Otherwise it's a valid warrant from a court presumably with jurisdiction. It's a criminal matter? I suppose that would be one other issue to confirm.

But a valid warrant issued by a court with jurisdiction? That should be honored, right? It's too late to worry about "creating liability" to the seller, it's about damage control all the way around.

Indeed, I think your client should be concerned at this point with any criminal liability that might attach.

Craig

Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer<http://www.seattlepropertylawyer.com/>
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On Wed, Oct 19, 2016 at 7:59 AM, Douglas W. Scott <doug at davisscottlaw.com<mailto:doug at davisscottlaw.com>> wrote:
I agree on the interpleader, but where?  I suppose in the County where the property is located.  Federal or superior court?

Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
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Issaquah, Washington, 98027
V.  425.392.8550<tel:425.392.8550>
F.  425-392-2829<tel:425-392-2829>
www.davisscottlaw.com<http://www.davisscottlaw.com/>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Kristina Driessen
Sent: Wednesday, October 19, 2016 7:50 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] US District Court Warrant to Seize Property

I have a situation whereas an escrow company closed on a home, after closing but before the proceeds were disbursed they received a Warrant to Seize the Proceeds. The warrant is from the United States District Court for the District of Hawaii. The FBI obtained the warrant. The proceed amount is large.

While I have reason to believe the warrant is valid, I question the timing. They want her to hand over the proceeds without disbursing according the escrow instructions. I don’t want to create liability to the parties. Would it be better to instruct the escrow company to interplead the sums?

Any thoughts would be appreciated.

Kristina A. Driessen
Ryan & Driessen
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811<tel:%28253%29%20939-0811>
(253) 939-0471<tel:%28253%29%20939-0471> fax
kristina at rdattys.comcastbiz.net<mailto:kristina at rdattys.comcastbiz.net>

CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney/client privilege, work product doctrine or other confidentiality protection.  If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution or copying of this communication is prohibited.  If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at 253.939.0811<tel:253.939.0811> that you have received the message in error, and then delete it.  Thank you.

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