[WSBARP] Deed of Trust For Agricultural Land

[Kathleen Hopkins]

I would change it to a real estate contract if I were the seller/lender.  Otherwise you will be stuck with a judicial foreclosure should there be a default.   FYI the update WSBA RPPT Deskbook has great Real Estate Contract forms!



Kathleen J. Hopkins
Real Property Law Group, PLLC
1326 Fifth Avenue, Suite 654
Seattle, WA 98101
Phone & Fax: (206) 625-0404
email: khopkins at rp-lawgroup.com
www.rp-lawgroup.com


This message is protected by the attorney-client privilege and the work-product doctrine; if you are not the intended recipient of this message please let the sender know you received it in error and please delete this message.  Thank you.

Pursuant to U.S. Treasury Regulations concerning tax practice, you are advised that this message is not intended or written to be used, and it cannot be used, by anyone for the purpose of avoiding penalties that may be imposed under any tax laws; or promoting, marketing or recommending to another party any transaction or matter addressed herein.


From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Thursday, September 15, 2016 10:18 AM
To: wsbarp <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Deed of Trust For Agricultural Land

Real Property List:

I am working on behalf of a buyer purchasing real property for-sale-by-owner with the seller carrying the note. The real property will be used in significant part as agricultural land. Being aware of the limiting language in the LPO form deed of trust ("which real property is not used principally for agricultural or farming purposes"), I called the closing agent and discussed the issue. At that point in time, they informed me that they could prepare a deed of trust for agricultural lands and I figured the issue was settled. Now that we're a couple days from closing closing, however, they have provided a deed of trust with the limiting language around agricultural land and I find I'm now in a bind. Any advice on what to do now? We're four days from closing.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

*** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.  This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this communication in error, and destroy the copy you received.***
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160915/6d09f35d/attachment.html>