[WSBARP] Deed of Trust For Agricultural Land

Robert R. Cole cole-gilday at stanwoodlaw.net
Thu Sep 15 10:54:41 PDT 2016


switch to a real estate contract, which works for ag land

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW

P.O. Box 249

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)

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On 9/15/2016 10:37 AM, Eric Nelsen wrote:
>
> I'm just guessing here--but a DOT on agricultural land is still 
> effective as a mortgage, isn't it? So it can be judicially foreclosed 
> like a mortgage?
>
> I think the alternative is having a mortgage (LPB Form 50) prepared 
> instead of a DOT, but if the extent of lien protection and the 
> available remedy are exactly the same as a DOT when it comes to 
> agricultural land, maybe it's not worth it...
>
> 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
>
> *Please Note that We Have Moved.***We have moved our Seattle office to 
> Mount Baker Ridge (a small commercial community just above the I-90 
> tunnel). *Our new address is 1417 31st Avenue South, Seattle WA 98144. 
> *All other contact information remains the same.
>
> *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
> *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
>
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