[WSBARP] WSBARP Digest, Vol 30, Issue 12

Wed Mar 15 12:15:47 PDT 2017

Marcus,
       Two issues can come up on a tax sale. A party with an interest in the action may not have been properly served. While there is publication, the diligence exercised by most counties falls far below the case law standard. In addition, a party with an interest in the property could be incompetent. That is why you need a quiet title action, to essentially do the diligence the county did not.
       In limited circumstances, I have been able to accomplish sales of such properties on contract with payments being held by the title company, and with the buyer being advised not to commit to any improvements for three years.

Steve

Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com

-----Original Message-----
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To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Wed, Mar 15, 2017 12:01 pm
Subject: WSBARP Digest, Vol 30, Issue 12

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Today's Topics:

1. Registered Lands - UGH (Richard Holland)
2. Judicial foreclosures and HOA (Carmen Rowe)
3. Re: Registered Lands - UGH (Robert S Schuck)
4. Re: Judicial foreclosures and HOA (Richard Holland)
5. Re: Registered Lands - UGH (Richard Holland)
6. Re: Registered Lands - UGH (James L. Strichartz)
7. Referrals for legal counsel in Portland to set up S
Corporation (Marcus Fry)
8. Re: Registered Lands - UGH (Andrew Hay)
9. Re: Registered Lands - UGH (Robert Ordal)
10. HOAs and Reserve Studies - Reality Check (Paul Neumiller)
11. Appraiser Recommendations (Jan Kelly)
12. Re: HOAs and Reserve Studies - Reality Check (John M. Riley III)
13. seeking referral for debtor receiving inheritance
(Elizabeth [Lisa] M. Carney)
14. 3 year wait period after tax foreclosure (Marcus Fry)
15. Re: 3 year wait period after tax foreclosure (Jay Goldstein)

----------------------------------------------------------------------

Message: 1
Date: Tue, 14 Mar 2017 19:05:46 +0000
From: Richard Holland <rich at pnwle.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Registered Lands - UGH
Message-ID:
<MWHPR15MB1407E94330A31CE95FA6CDBEC5240 at MWHPR15MB1407.namprd15.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Ok, I use to know this but those brain cells have apparently left the building.

What is the additional step beyond recording that needs to be done to get something 'registered'? For example, I have a title where it says an Assignment of the Deed of Trust was "recorded but not registered".

Sincerely,

Richard L. Holland

[logo-for-print.jpg]

603 4th Avenue, Suite 100 PLEASE NOTE OUR NEW ADDRESS!
Kirkland, WA 98033
425-836-6240 / 425-748-3901 (fax)

BE AWARE! Online banking fraud is on the rise. If you receive an email containing a change in WIRE TRANSFER INSTRUCTIONS call our office immediately to verify the information prior to sending funds. ** WE DO NOT CHANGE OUR WIRE INSTRUCTIONS**

The information contained in this communication, and in any attached document(s), is privileged and/or confidential, intended solely for the individual/entity to whom/which it was sent. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify me immediately at the email address, mailing address, or telephone or fax number above.

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Message: 2
Date: Tue, 14 Mar 2017 12:34:07 -0700
From: Carmen Rowe <carmen at gryphonlawgroup.com>
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Judicial foreclosures and HOA
Message-ID:
<CAMTVkhA6vfpwUNRmbkwYi9=Z+z=pH7Q+4LuPwr2+Yvpx0fx8uw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Richard -

I am curious why an HOA/COA, absent mirroring a statutory requirement,
would have this in their CCRs/declaration? You've seen this before absent
such a statute?

Seems a resource that the association is giving up for nothing. In
practice, at least in my experience, while the obligation to do so can be
murky banks will often square the past dues upon the eventual sale to
ensure title/avoid the hassle. (Getting them to pay along the way is a
whole other story; but at least there is often eventual payment)

Just curious what's out there.

Your advice for when an advisor is involved in drafting such language is
very helpful.

Carmen Rowe, Attorney

Phone: (360) 669-3576 (direct cell)
Email: Carmen at GryphonLawGroup.com

*Mailing address: *1673 S. Market Blvd. #202, Chehalis, WA 98532
*Olympia/Lacey office: *1415 College Street SE, Lacey, WA 98503
*Seattle office: *1001 4th Avenue, Suite 3200, Seattle, WA 98154

*We also offer virtual meeting options, and are often available to meet
with you in an alternate location convenient to you.*

*Privileged and confidential: *This message is confidential. If you receive
this message in error, please let us know, and please delete and disregard
any information it contains. We thank you for your respect in not sharing
this email with anyone.

If we are communicating with you regarding a debt or monies owed, THIS MAY
BE AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION WILL BE USED FOR THAT
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extent that the Federal Fair Debt Collection Practices Act applies, this
firm is acting as a debt collector for the firm's client named above. Any
information obtained will be used for collection purposes.

> Message: 5
> Date: Tue, 14 Mar 2017 18:02:08 +0000
> From: Richard Holland <rich at pnwle.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Judicial Foreclosures & HOAs
> Message-ID:
> <MWHPR15MB1407D03340F410CA209687EAC5240 at MWHPR15MB1407.
> namprd15.prod.outlook.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
> While admittedly I have personally seen this come up more in Oregon
> (because of how the statute is worded), I have had it come up in Washington
> and am just passing this along for those HOA advisors. For sake of
> brevity, here is the Oregon Statue that, in various forms of language,
> appears in many CC&Rs:
>
> Oregon Statute 94.723 Common expenses; liability of first mortgagee, once
> a lot in a planned community is foreclosed upon the mortgagee and
> subsequent purchaser shall not be liable for any of the common expenses
> chargeable to the lot which became due before the mortgagee or purchaser
> acquired title to the lot. The unpaid expenses shall become a common
> expense of all lot owners including the mortgagee or purchaser.
>
> The problem is when is "Title" acquired after a judicial foreclosure? One
> argument is that it is the date of sale but that isn't accurate because you
> do not get a Deed (which is the instrument that conveys TITLE) until after
> the redemption period. The other obvious one is that it is the date of the
> deed - though I have also heard the date of recording of the deed argued.
> If you represent the lender, you want it to be the date the lender actually
> got title. If you represent the HOA, the obvious issue is that the debtor
> is no longer responsible for payment after the date of sale - they have
> been foreclosed out - so who is responsible for paying the dues during the
> redemption period? (And remember, if the US Gov't is on the title that can
> be 18 months in some situations).
>
> When I have had the opportunity to advise HOAs, I suggest that they either
> specify this as "the date of sale" or as "the date the mortgagee obtained
> the right of possession" or I suppose you could say "the date the purchaser
> acquired title or the right to possession, whichever is earlier" but being
> a verbose sort why not go all out and say "The purchaser shall not be
> liable for any of the common expenses chargeable to the lot which became
> due before the earlier of: 1) The date of sale; 2) the date the purchaser
> acquired title; or 3) the date the purchaser obtained the right to
> possession". And yes, a right of possession in the general sense could
> be in a rental agreement but not in the context of where the provision is
> in the CC&Rs. Anyway, it's a random thing to post but it came up for me
> again today so it was fresh on my mind and I thought I would pass it along.
>
> Sincerely,
>
> Richard L. Holland
>
> [logo-for-print.jpg]
>
> 603 4th Avenue, Suite 100 PLEASE NOTE OUR
> NEW ADDRESS!
> Kirkland, WA 98033
> 425-836-6240 / 425-748-3901 (fax)
>
>
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Message: 3
Date: Tue, 14 Mar 2017 19:49:06 +0000
From: Robert S Schuck <rsschuck at ksmlawfirm.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Registered Lands - UGH
Message-ID:
<CY4PR08MB25989D159DFBEF03CCF1640AAE240 at CY4PR08MB2598.namprd08.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Perhaps this is a reference to Torrens system RCW 65.12-I have only seen one case in years of practice. You would register the deed of trust rather than recording it. The land would have to be registered under the system for this to work.

Robert S. Schuck
Kennedy,Schuck & Miller, PLLC
1520 140th NE, Suite 200
Bellevue, WA 98005
(425)451-3760 (telephone)
(425)451-3878 (facsimile)
rsschuck at ksmlawfirm.com<mailto:rsschuck at ksmlawfirm.com>

This correspondence is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain confidential information protected by Attorney-Client privilege. If you are not a person for whom this message was intended, please delete it from your system immediately, refrain from copying or forwarding any part of the message, and kindly notify me at (425) 451-3760 or at rsschuck at ksmlawfirm.com<mailto:rsschuck at qwest0ffice.net> Thank you.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Tuesday, March 14, 2017 12:06 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Registered Lands - UGH

Ok, I use to know this but those brain cells have apparently left the building.

What is the additional step beyond recording that needs to be done to get something 'registered'? For example, I have a title where it says an Assignment of the Deed of Trust was "recorded but not registered".

Sincerely,

Richard L. Holland

[logo-for-print.jpg]

603 4th Avenue, Suite 100 PLEASE NOTE OUR NEW ADDRESS!
Kirkland, WA 98033
425-836-6240 / 425-748-3901 (fax)

BE AWARE! Online banking fraud is on the rise. If you receive an email containing a change in WIRE TRANSFER INSTRUCTIONS call our office immediately to verify the information prior to sending funds. ** WE DO NOT CHANGE OUR WIRE INSTRUCTIONS**

The information contained in this communication, and in any attached document(s), is privileged and/or confidential, intended solely for the individual/entity to whom/which it was sent. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify me immediately at the email address, mailing address, or telephone or fax number above.

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Message: 4
Date: Tue, 14 Mar 2017 20:02:24 +0000
From: Richard Holland <rich at pnwle.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Judicial foreclosures and HOA
Message-ID:
<MWHPR15MB14072DAE39A6D1E205EB7F7DC5240 at MWHPR15MB1407.namprd15.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

Carmen,

Most lenders will not lend on a property where the HOA could effectively wipe them out by foreclosing. So most CC&Rs have subordination language and similarly, many have this same language about what happens post foreclosure ? again, because lenders want it. Not all to be sure.

So whereas COAs are somewhat ?tied? to what they can claim by the Condo Act (the 6 month/3 month w- notice) bit, HOAs are not. If they do not have this language, then the only limit of ?how far back? they can claim is really the statute of limitations. I see those as well. The ?best? ones (from an HOA perspective) that I have seen have the waiver language like set out below which pleases a lender loaning on the property, but they also have this ?kicker? that says ?all of that is true IF the lender provides a copy of the DOT to the HOA within 60 or 90 days of recording?. Of course years later the lender who now has the loan has almost no shot of producing ?proof? that the original DOT was provided to the HOA in accordance with the CC&Rs notice provision unless the original lender was meticulous and that is pretty rare and if it was a MERS Loan, forget it.

Sincerely,

Rich Holland
rich at pnwle.com<mailto:rich at pnwle.com>
603 4th Avenue, Suite 100 PLEASE NOTE OUR NEW ADDRESS!
Kirkland, WA 98033
425-836-6240 / 425-748-3901 (fax)

BE AWARE! Online banking fraud is on the rise. If you receive an email containing a change in WIRE TRANSFER INSTRUCTIONS call our office immediately to verify the information prior to sending funds.** WE DO NOT CHANGE OUR WIRE INSTRUCTIONS**

The information contained in this communication, and in any attached document(s), is privileged and/or confidential, intended solely for the individual/entity to whom/which it was sent. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify me immediately at the email address, mailing address, or telephone or fax number above.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Carmen Rowe
Sent: Tuesday, March 14, 2017 12:34 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Judicial foreclosures and HOA

Richard -

I am curious why an HOA/COA, absent mirroring a statutory requirement, would have this in their CCRs/declaration? You've seen this before absent such a statute?

Seems a resource that the association is giving up for nothing. In practice, at least in my experience, while the obligation to do so can be murky banks will often square the past dues upon the eventual sale to ensure title/avoid the hassle. (Getting them to pay along the way is a whole other story; but at least there is often eventual payment)

Just curious what's out there.

Your advice for when an advisor is involved in drafting such language is very helpful.

Carmen Rowe, Attorney
[Image removed by sender.]
Phone: (360) 669-3576 (direct cell)
Email: Carmen at GryphonLawGroup.com

Mailing address: 1673 S. Market Blvd. #202, Chehalis, WA 98532
Olympia/Lacey office: 1415 College Street SE, Lacey, WA 98503
Seattle office: 1001 4th Avenue, Suite 3200, Seattle, WA 98154

We also offer virtual meeting options, and are often available to meet with you in an alternate location convenient to you.

Privileged and confidential: This message is confidential. If you receive this message in error, please let us know, and please delete and disregard any information it contains. We thank you for your respect in not sharing this email with anyone.
If we are communicating with you regarding a debt or monies owed, THIS MAY BE AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE. You have the right to seek legal advice from an attorney. To the extent that the Federal Fair Debt Collection Practices Act applies, this firm is acting as a debt collector for the firm's client named above. Any information obtained will be used for collection purposes.

Message: 5
Date: Tue, 14 Mar 2017 18:02:08 +0000
From: Richard Holland <rich at pnwle.com<mailto:rich at pnwle.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Judicial Foreclosures & HOAs
Message-ID:
<MWHPR15MB1407D03340F410CA209687EAC5240 at MWHPR15MB1407.namprd15.prod.outlook.com<mailto:MWHPR15MB1407D03340F410CA209687EAC5240 at MWHPR15MB1407.namprd15.prod.outlook.com>>

Content-Type: text/plain; charset="us-ascii"

While admittedly I have personally seen this come up more in Oregon (because of how the statute is worded), I have had it come up in Washington and am just passing this along for those HOA advisors. For sake of brevity, here is the Oregon Statue that, in various forms of language, appears in many CC&Rs:

Oregon Statute 94.723 Common expenses; liability of first mortgagee, once a lot in a planned community is foreclosed upon the mortgagee and subsequent purchaser shall not be liable for any of the common expenses chargeable to the lot which became due before the mortgagee or purchaser acquired title to the lot. The unpaid expenses shall become a common expense of all lot owners including the mortgagee or purchaser.

The problem is when is "Title" acquired after a judicial foreclosure? One argument is that it is the date of sale but that isn't accurate because you do not get a Deed (which is the instrument that conveys TITLE) until after the redemption period. The other obvious one is that it is the date of the deed - though I have also heard the date of recording of the deed argued. If you represent the lender, you want it to be the date the lender actually got title. If you represent the HOA, the obvious issue is that the debtor is no longer responsible for payment after the date of sale - they have been foreclosed out - so who is responsible for paying the dues during the redemption period? (And remember, if the US Gov't is on the title that can be 18 months in some situations).

When I have had the opportunity to advise HOAs, I suggest that they either specify this as "the date of sale" or as "the date the mortgagee obtained the right of possession" or I suppose you could say "the date the purchaser acquired title or the right to possession, whichever is earlier" but being a verbose sort why not go all out and say "The purchaser shall not be liable for any of the common expenses chargeable to the lot which became due before the earlier of: 1) The date of sale; 2) the date the purchaser acquired title; or 3) the date the purchaser obtained the right to possession". And yes, a right of possession in the general sense could be in a rental agreement but not in the context of where the provision is in the CC&Rs. Anyway, it's a random thing to post but it came up for me again today so it was fresh on my mind and I thought I would pass it along.

Sincerely,

Richard L. Holland

[logo-for-print.jpg]

603 4th Avenue, Suite 100 PLEASE NOTE OUR NEW ADDRESS!
Kirkland, WA 98033
425-836-6240 / 425-748-3901 (fax)
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Message: 5
Date: Tue, 14 Mar 2017 20:05:32 +0000
From: Richard Holland <rich at pnwle.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Registered Lands - UGH
Message-ID:
<MWHPR15MB1407863273E6AF46DE45D9D7C5240 at MWHPR15MB1407.namprd15.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

It is and I got some terrific direction on what to do and it's not terribly difficult, but it happens so rarely. I think I've run across about six to ten in the last twenty years so it's not usual to be certain and I always recommend we get the property the heck out of the Torrens ASAP. I am somewhat surprised King County doesn't require the land to be taken out of the system on transfer just so that ultimately they'd be done with it.

Thanks,

Rich Holland
rich at pnwle.com<mailto:rich at pnwle.com>
603 4th Avenue, Suite 100 PLEASE NOTE OUR NEW ADDRESS!
Kirkland, WA 98033
425-836-6240 / 425-748-3901 (fax)

BE AWARE! Online banking fraud is on the rise. If you receive an email containing a change in WIRE TRANSFER INSTRUCTIONS call our office immediately to verify the information prior to sending funds.** WE DO NOT CHANGE OUR WIRE INSTRUCTIONS**

The information contained in this communication, and in any attached document(s), is privileged and/or confidential, intended solely for the individual/entity to whom/which it was sent. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify me immediately at the email address, mailing address, or telephone or fax number above.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Robert S Schuck
Sent: Tuesday, March 14, 2017 12:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Registered Lands - UGH

Perhaps this is a reference to Torrens system RCW 65.12-I have only seen one case in years of practice. You would register the deed of trust rather than recording it. The land would have to be registered under the system for this to work.

Robert S. Schuck
Kennedy,Schuck & Miller, PLLC
1520 140th NE, Suite 200
Bellevue, WA 98005
(425)451-3760 (telephone)
(425)451-3878 (facsimile)
rsschuck at ksmlawfirm.com<mailto:rsschuck at ksmlawfirm.com>

This correspondence is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain confidential information protected by Attorney-Client privilege. If you are not a person for whom this message was intended, please delete it from your system immediately, refrain from copying or forwarding any part of the message, and kindly notify me at (425) 451-3760 or at rsschuck at ksmlawfirm.com<mailto:rsschuck at qwest0ffice.net> Thank you.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Tuesday, March 14, 2017 12:06 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Registered Lands - UGH

Ok, I use to know this but those brain cells have apparently left the building.

What is the additional step beyond recording that needs to be done to get something 'registered'? For example, I have a title where it says an Assignment of the Deed of Trust was "recorded but not registered".

Sincerely,

Richard L. Holland

[logo-for-print.jpg]

603 4th Avenue, Suite 100 PLEASE NOTE OUR NEW ADDRESS!
Kirkland, WA 98033
425-836-6240 / 425-748-3901 (fax)

BE AWARE! Online banking fraud is on the rise. If you receive an email containing a change in WIRE TRANSFER INSTRUCTIONS call our office immediately to verify the information prior to sending funds. ** WE DO NOT CHANGE OUR WIRE INSTRUCTIONS**

The information contained in this communication, and in any attached document(s), is privileged and/or confidential, intended solely for the individual/entity to whom/which it was sent. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify me immediately at the email address, mailing address, or telephone or fax number above.

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Message: 6
Date: Tue, 14 Mar 2017 13:13:58 -0700
From: "James L. Strichartz" <jim at condo-lawyers.com>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Registered Lands - UGH
Message-ID:
<2AFD94086E4F9D44ACA8C4A3189E0DD70495999A at jls02.jslaw.local>
Content-Type: text/plain; charset="us-ascii"

An application for withdrawal of registered land is very simple and
quick to accomplish too. The application is available at 
http://www.kingcounty.gov/depts/records-licensing/recorders-office/regis
tered-land.aspx 

Jim Strichartz

Attorney

Fellow, College of Community Association Lawyers

Law Offices of James L. Strichartz

201 Queen Anne Avenue North, Suite 400

Seattle, WA 98109-4824

jim at condo-lawyers.com <mailto://jim@condo-lawyers.com/> 

http://www.condo-lawyers.com <http://www.condo-lawyers.com/> 

http://www.linkedin.com/in/condolawyer
<http://www.linkedin.com/in/condolawyer> 

tel: 206-388-0600

fax: 206-286-2666

Providing Tools for Successful Communities

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Tuesday, March 14, 2017 1:06 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Registered Lands - UGH

It is and I got some terrific direction on what to do and it's not
terribly difficult, but it happens so rarely. I think I've run across
about six to ten in the last twenty years so it's not usual to be
certain and I always recommend we get the property the heck out of the
Torrens ASAP. I am somewhat surprised King County doesn't require the
land to be taken out of the system on transfer just so that ultimately
they'd be done with it.

Thanks,

Rich Holland

rich at pnwle.com

603 4th Avenue, Suite 100 PLEASE NOTE OUR
NEW ADDRESS!

Kirkland, WA 98033 

425-836-6240 / 425-748-3901 (fax)

BE AWARE! Online banking fraud is on the rise. If you receive an email
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The information contained in this communication, and in any attached
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the email address, mailing address, or telephone or fax number above.

From: wsbarp-bounces at lists.wsbarppt.com [
mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Robert S Schuck
Sent: Tuesday, March 14, 2017 12:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Registered Lands - UGH

Perhaps this is a reference to Torrens system RCW 65.12-I have only seen
one case in years of practice. You would register the deed of trust
rather than recording it. The land would have to be registered under the
system for this to work. 

Robert S. Schuck
Kennedy,Schuck & Miller, PLLC
1520 140th NE, Suite 200
Bellevue, WA 98005
(425)451-3760 (telephone)
(425)451-3878 (facsimile)
rsschuck at ksmlawfirm.com <mailto:rsschuck at ksmlawfirm.com> 

This correspondence is covered by the Electronic Communications Privacy
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protected by Attorney-Client privilege. If you are not a person for whom
this message was intended, please delete it from your system
immediately, refrain from copying or forwarding any part of the message,
and kindly notify me at (425) 451-3760 or at rsschuck at ksmlawfirm.com
<mailto:rsschuck at qwest0ffice.net> Thank you.

From: wsbarp-bounces at lists.wsbarppt.com [
mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Tuesday, March 14, 2017 12:06 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Registered Lands - UGH

Ok, I use to know this but those brain cells have apparently left the
building.

What is the additional step beyond recording that needs to be done to
get something 'registered'? For example, I have a title where it says
an Assignment of the Deed of Trust was "recorded but not registered".

Sincerely,

Richard L. Holland

603 4th Avenue, Suite 100 PLEASE NOTE OUR
NEW ADDRESS!

Kirkland, WA 98033 

425-836-6240 / 425-748-3901 (fax)

BE AWARE! Online banking fraud is on the rise. If you receive an email
containing a change in WIRE TRANSFER INSTRUCTIONS call our office
immediately to verify the information prior to sending funds. ** WE DO
NOT CHANGE OUR WIRE INSTRUCTIONS**

The information contained in this communication, and in any attached
document(s), is privileged and/or confidential, intended solely for the
individual/entity to whom/which it was sent. If you are not the
intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this information is strictly prohibited. If
you have received this email in error, please notify me immediately at
the email address, mailing address, or telephone or fax number above.

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Message: 7
Date: Tue, 14 Mar 2017 22:08:07 +0000
From: Marcus Fry <mfry at lyon-law.com>
To: "WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com)"
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Referrals for legal counsel in Portland to set up S
Corporation
Message-ID:
<BN4PR14MB0497723FFF5D756E7288E862F6240 at BN4PR14MB0497.namprd14.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Thank you,

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington 98907
Telephone: (509) 248-7220
Facsimile: (509) 575-1883

NOTICES:
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Message: 8
Date: Tue, 14 Mar 2017 22:33:05 +0000
From: Andrew Hay <andrewhay at washingtonlaw.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Registered Lands - UGH
Message-ID:
<CO2PR05MB2677D02D70033BB0C026E9BBB2240 at CO2PR05MB2677.namprd05.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

I did the petition for removal from land registration for a probate a couple years ago. Let me know if you need the forms and I'll email them directly to you.

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA 98418
Phone: (253) 272-2400
Fax: (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>

THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Tuesday, March 14, 2017 12:06 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Registered Lands - UGH

Ok, I use to know this but those brain cells have apparently left the building.

What is the additional step beyond recording that needs to be done to get something 'registered'? For example, I have a title where it says an Assignment of the Deed of Trust was "recorded but not registered".

Sincerely,

Richard L. Holland

[logo-for-print.jpg]

603 4th Avenue, Suite 100 PLEASE NOTE OUR NEW ADDRESS!
Kirkland, WA 98033
425-836-6240 / 425-748-3901 (fax)

BE AWARE! Online banking fraud is on the rise. If you receive an email containing a change in WIRE TRANSFER INSTRUCTIONS call our office immediately to verify the information prior to sending funds. ** WE DO NOT CHANGE OUR WIRE INSTRUCTIONS**

The information contained in this communication, and in any attached document(s), is privileged and/or confidential, intended solely for the individual/entity to whom/which it was sent. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify me immediately at the email address, mailing address, or telephone or fax number above.

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Message: 9
Date: Tue, 14 Mar 2017 22:33:33 +0000
From: Robert Ordal <ordal at ordallaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Registered Lands - UGH
Message-ID:
<BY1PR0801MB1094F3FA1F0B360A9285A5E0CF240 at BY1PR0801MB1094.namprd08.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Richard,

I have not had a registered land case in maybe 20 years, but I expect you still have to "register" a document to affect title to registered land. It's a separate system from the recording system. Recording does nothing. There used to be a guy named John Raymond who ran the office in the King Co Admin Building. You would take your docs down to him and he would "register" them in the registration books. It's also called the Torrens system; I think it started in Adelaide, Australia and was patterned after registering ship mortgages.

See: https://en.wikipedia.org/wiki/Torrens_title

Bob

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Tuesday, March 14, 2017 12:06 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Registered Lands - UGH

Ok, I use to know this but those brain cells have apparently left the building.

What is the additional step beyond recording that needs to be done to get something 'registered'? For example, I have a title where it says an Assignment of the Deed of Trust was "recorded but not registered".

Sincerely,

Richard L. Holland

[logo-for-print.jpg]

603 4th Avenue, Suite 100 PLEASE NOTE OUR NEW ADDRESS!
Kirkland, WA 98033
425-836-6240 / 425-748-3901 (fax)

BE AWARE! Online banking fraud is on the rise. If you receive an email containing a change in WIRE TRANSFER INSTRUCTIONS call our office immediately to verify the information prior to sending funds. ** WE DO NOT CHANGE OUR WIRE INSTRUCTIONS**

The information contained in this communication, and in any attached document(s), is privileged and/or confidential, intended solely for the individual/entity to whom/which it was sent. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited. If you have received this email in error, please notify me immediately at the email address, mailing address, or telephone or fax number above.

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Message: 10
Date: Tue, 14 Mar 2017 22:41:57 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOAs and Reserve Studies - Reality Check
Message-ID:
<CY1PR1101MB12250CC8C6FAF11EAB3B7BB1D2240 at CY1PR1101MB1225.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="windows-1252"

Am I reading this correct? RCW 64.38.065 seems to require that an homeowners association (not a condo) must, at least, prepare a Reserve Study and an association is ?encouraged? to establish a reserve account (presumably pursuant to the Reserve Study) but then RCW 64.38.085 says ?Monetary damages or any other liability may not be awarded against or imposed upon the association, the officers or board of directors of the association, or those persons who may have provided advice or assistance to the association or its officers or directors, for failure to: Establish a reserve account; have a current reserve study prepared or updated in accordance with the requirements of this chapter; or make the reserve disclosures in accordance with this chapter.?

Soooooo, RCW 64.38.065 says you must perform a Reserve Study but RCW 64.38.085 says hey, don?t worry about it because you aren?t liable if you don?t prepare a Reserve Study???

(Now I know that an association should prepare a Reserve Study and should have a reserve fund but that?s not my question)

[cid:image002.jpg at 01D29CD8.D179DFE0]

IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.
E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.

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Message: 11
Date: Tue, 14 Mar 2017 15:42:42 -0700
From: Jan Kelly <jan at jankellylaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Appraiser Recommendations
Message-ID:
<CAATkJAxXH+0FLTnQt=fJi-27zFr_g4rH09daNTEXa67-FO80og at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

I am looking for recommendations for residential real estate appraisers who
work in Seattle, Bainbridge Island and Bellingham. Thank you.

-- 

*Jan Kelly, JD/MBA*Attorney at Law

JK Law

Direct Line (702) 338-6733

Facsimile (360) 779-2265

Licensed in Nevada and Washington.

27271 Big Valley Road NE
Poulsbo, WA 98370

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this communication is STRICTLY PROHIBITED. If you have received this
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Message: 12
Date: Tue, 14 Mar 2017 23:49:52 +0000
From: "John M. Riley III" <JMR at witherspoonkelley.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HOAs and Reserve Studies - Reality Check
Message-ID:
<E2BDBB9A9C11724E8B46A60B618A971F012EFCE72A at EX01.WKLAW.LOCAL>
Content-Type: text/plain; charset="us-ascii"

As we all know, there are many many sets of covenants requiring associations all over Washington. The operation of those associations varies, and the conduct of the members and directors/officers varies. Many are still probably unaware of the reserve legislation you speak of. I believe the immunity provisions are a recognition of these facts.

John M. Riley III
Principal | Witherspoon * Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | Attorney Profile <http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>

[WK]

422 W. Riverside Ave, Ste 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com

Confidentiality Notice: The information contained in this email and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you.
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, March 14, 2017 3:42 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] HOAs and Reserve Studies - Reality Check

Am I reading this correct? RCW 64.38.065 seems to require that an homeowners association (not a condo) must, at least, prepare a Reserve Study and an association is "encouraged' to establish a reserve account (presumably pursuant to the Reserve Study) but then RCW 64.38.085 says "Monetary damages or any other liability may not be awarded against or imposed upon the association, the officers or board of directors of the association, or those persons who may have provided advice or assistance to the association or its officers or directors, for failure to: Establish a reserve account; have a current reserve study prepared or updated in accordance with the requirements of this chapter; or make the reserve disclosures in accordance with this chapter."

Soooooo, RCW 64.38.065 says you must perform a Reserve Study but RCW 64.38.085 says hey, don't worry about it because you aren't liable if you don't prepare a Reserve Study???

(Now I know that an association should prepare a Reserve Study and should have a reserve fund but that's not my question)

[cid:image002.jpg at 01D29CE3.006D7B90]

IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.

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Message: 13
Date: Wed, 15 Mar 2017 01:10:12 +0000
From: "Elizabeth [Lisa] M. Carney" <carney at westseattlelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] seeking referral for debtor receiving inheritance
Message-ID:
<CY4PR08MB2949B11A0F778AC18FAF01FAA6270 at CY4PR08MB2949.namprd08.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Colleagues:

PC is paying off IRS debt [via an agreed plan] and is anticipating an inheritance.

PC is seeking guidance regarding debtor rights as related to the inheritance, and impact of the inheritance on is payment plan to the IRS.

He was referred to us by his accountant.

Thank you.

Elizabeth [Lisa] M. Carney
Attorney at Law

[devrieze-carney logo 6 13_60%]
de Vrieze | Carney pllc
3909 California Avenue SW
Seattle, WA 98116-3705
Phone: 206.938.5500
Fax: 206.535.6264
Carney at WestSeattleLaw.com<mailto:Carney at WestSeattleLaw.com>
www.WestSeattleLaw.com<http://www.westseattlelaw.com/>
I will be out of the office Thursday, March 16 and Friday, March 17.
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, NO exchange of information by virtue of emails or communications will create any attorney client relationship, including any duty of confidentiality, between sender and/or recipient.
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Message: 14
Date: Wed, 15 Mar 2017 17:28:36 +0000
From: Marcus Fry <mfry at lyon-law.com>
To: "WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com)"
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] 3 year wait period after tax foreclosure
Message-ID:
<BN4PR14MB0497A7789DAE201172410428F6270 at BN4PR14MB0497.namprd14.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Client purchased property a county tax foreclosure sale. Client now selling to a developer who plans to build and then resell. Title ins. Co. states that they will not insure due to 3-year rule under RCW 4.16.090. There was thread on this issue earlier this year and I have that thread. However, title company is willing to insure under 2 options: (1) Obtaining a certification from a tax title service company (that charges a pretty sizeable fee and will be in excess what I would charge for a quiet title action); or (2) Quiet title.

I am having a hard time wrapping my head around a quiet title action in this instance.

Is it a declaratory action that requests that the court declare that the county acted in accordance with law? To me it appears that I am effectively cutting off a 3-year SOL, which seems highly questionable. Am I correct?

Additionally, the other parties of record was a defunct corporation and a private lien holder. If you have experience in this, I would like to know do I need publish my Summons for all interested parties in the property to satisfy the title company? All I am getting back from underwriting at the title insurance co. is do a quiet title action as if all quiet title actions are the same.

Thank you,

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington 98907
Telephone: (509) 248-7220
Facsimile: (509) 575-1883

NOTICES:
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges. If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited. If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

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Message: 15
Date: Wed, 15 Mar 2017 17:46:46 +0000
From: Jay Goldstein <jay at jaglaw.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] 3 year wait period after tax foreclosure
Message-ID:
<BN6PR12MB1716D66BB4C4EAC341C41627CF270 at BN6PR12MB1716.namprd12.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

I think the purpose of the QT action is to extinguish redemption rights that may arise under http://app.leg.wa.gov/RCW/default.aspx?cite=84.64.070
Subsection (5).

J

Jay A. Goldstein
[Logo Color 946x243 pixels]
1800 Cooper Point RD SW NO. 8 | Olympia, WA 98502
Telephone 360.352.1970 | Fax 360.357.0844 | www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

Nothing contained herein should be construed as legal advice.
The purpose of this email is to transmit a message or document.
Should you not be the intended recipient of this email message,
please reply advising of the mistake and then delete this message
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(however, a large number of electrons were terribly inconvenienced).

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Wednesday, March 15, 2017 10:29 AM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com) <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] 3 year wait period after tax foreclosure

Client purchased property a county tax foreclosure sale. Client now selling to a developer who plans to build and then resell. Title ins. Co. states that they will not insure due to 3-year rule under RCW 4.16.090. There was thread on this issue earlier this year and I have that thread. However, title company is willing to insure under 2 options: (1) Obtaining a certification from a tax title service company (that charges a pretty sizeable fee and will be in excess what I would charge for a quiet title action); or (2) Quiet title.

I am having a hard time wrapping my head around a quiet title action in this instance.

Is it a declaratory action that requests that the court declare that the county acted in accordance with law? To me it appears that I am effectively cutting off a 3-year SOL, which seems highly questionable. Am I correct?

Additionally, the other parties of record was a defunct corporation and a private lien holder. If you have experience in this, I would like to know do I need publish my Summons for all interested parties in the property to satisfy the title company? All I am getting back from underwriting at the title insurance co. is do a quiet title action as if all quiet title actions are the same.

Thank you,

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington 98907
Telephone: (509) 248-7220
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