[WSBARP] WSBARP Digest, Vol 37, Issue 3
Stephen Whitehouse
swhite8893 at aol.com
Wed Oct 4 14:04:16 PDT 2017
Craig,
I would look harder at the Deed of Trust. I cannot ever recall seeing one without a waste provision. You also need to consider whether or not what your client is intending is a criminal act. I do not know the answer to that but know it is an issue to consider. Essentially the client is wanting you to give her advice, is intending on relying on it, but doesn't want to pay you to give her good advice. I think that is a legal and ethical trap, and falls under, no good deed goes unpunished.
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-----
From: wsbarp-request <wsbarp-request at lists.wsbarppt.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Wed, Oct 4, 2017 12:00 pm
Subject: WSBARP Digest, Vol 37, Issue 3
Send WSBARP mailing list submissions to
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When replying, please edit your Subject line so it is more specific
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Today's Topics:
1. Re: Real Estate Contract Guarantee?? (Paul Neumiller)
2. Logging proceeds (Craig Gourley)
3. Re: UD and general RE litigator in Pacific County (Carmen Rowe)
4. Re: UD and general RE litigator in Pacific County
(Scott Hildebrand)
5. Referral for slip and fall (MK Henderson)
6. Re: Logging proceeds (Tom Westbrook)
7. Re: Referral for slip and fall (Kim Sandher)
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Message: 1
Date: Tue, 3 Oct 2017 22:11:09 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Real Estate Contract Guarantee??
Message-ID:
<CY1PR1101MB1225146B602DDB993F553123D2720 at CY1PR1101MB1225.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="windows-1252"
Thanks to Scott, Bryce, and Dwight. All good ideas and I appreciate you responding to my post.
[cid:image002.jpg at 01D33C59.D4EFD640]
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Friday, September 29, 2017 10:32 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Real Estate Contract Guarantee??
Buyer could execute the RE contract and then quit claim interest to business and claim disregarded entity excise tax exemption original buyer is still on the contact and personally liable but record title in name of company subject to sellers interest.
[cid:image001.jpg at 01D1AB8F.1C8227E0]
Bryce H. Dille | Attorney at Law
P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://www.cdb-law.com/>
This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s). If this matter is transmitted to you in error, please notify the sender immediately.
Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development
Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator
Estate Planning, including Wills and Trusts, and Probate Administration
Representation Homeowners/Condominium Association Real Estate Developments
Real Property Foreclosures and Forfeitures
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Thomas
Sent: Friday, September 29, 2017 10:19 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Real Estate Contract Guarantee??
Could buyer assign REK to business, and as a condition of assignment remain responsible for underlying obligations?
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, September 29, 2017 10:09 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Real Estate Contract Guarantee??
Doe such a creature exist? Client is a seller-financed owner of property who wants to use a Real Estate Contract instead of a note and deed of trust. Buyer wants to put property into the name of buyer?s business. Is there a document/instrument out there that is comparable to a third-party personal guarantee of a promissory note? Conceptually, I?m not sure that this even works but client wants to make sure it hurts the buyer personally if buyer decides to walk away from the property. ?Paul Neumiller
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Message: 2
Date: Wed, 4 Oct 2017 00:58:38 +0000
From: Craig Gourley <craig at glgmail.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Logging proceeds
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Content-Type: text/plain; charset="us-ascii"
Listmates, I have a client in foreclosure that wants to log the parcel prior to the sale. My instincts say she is committing waste and that the lender will grab the proceeds. I have looked at the DOT and it really does not say much about this scenario. She has little or no money so can't afford for us to do any research. Thought I would ask the collective intelligence of the list if there was some exception before I told her it was a bad idea. Thanks, Craig
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092 fax
Craig at glgmail.com<mailto:Craig at glgmail.com>
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Message: 3
Date: Wed, 4 Oct 2017 08:36:09 -0700
From: Carmen Rowe <carmen at gryphonlawgroup.com>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] UD and general RE litigator in Pacific County
Message-ID:
<CAMTVkhBNW9KJ4KhYhUoxmz35+APLTAuP-HtLZ9UOjiMCY5ni+Q at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Hi Danielle -
I often do work in Pacific County and real estate is my practice focus.
Have had some interesting cases down there, including ones that ended up
with hearings/etc. in Gray's Harbor, which is relatively common given
dynamics & conflicts in a small community. So I've done both.
(And talk about some amazing courthouses)
I do not typically do routine residential UDs, though sometimes for a
regular landlord client.
Any other real estate matter should be right up my alley and am happy to
help.
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
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On Tue, Oct 3, 2017 at 12:00 PM, <wsbarp-request at lists.wsbarppt.com> wrote:
> Send WSBARP mailing list submissions to
> wsbarp at lists.wsbarppt.com
>
> To subscribe or unsubscribe via the World Wide Web, visit
> http://mailman.fsr.com/mailman/listinfo/wsbarp
> or, via email, send a message with subject or body 'help' to
> wsbarp-request at lists.wsbarppt.com
>
> You can reach the person managing the list at
> wsbarp-owner at lists.wsbarppt.com
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of WSBARP digest..."
>
>
> Today's Topics:
>
> 1. UD and general RE litigator in Pacific County (Danielle Flatt)
> 2. Referral - 2nd Request - Easy Co-Op Work (Craig Blackmon)
> 3. use of POA to act as Admin intestate probate? (Melinda Grout)
> 4. Re: Referral - 2nd Request - Easy Co-Op Work (Krista MacLaren)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 2 Oct 2017 12:00:29 -0700
> From: Danielle Flatt <danielle at dimensionlaw.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] UD and general RE litigator in Pacific County
> Message-ID:
> <CAKKMyYd6jTtpT=LkbXxUnpNwmqpG4OrvB=mxuOQ71kbq
> e1HUYw at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Looking for referrals for a UD and Breach of Real Estate contract cases in
> Pacific County.
>
> Thanks in advance!
>
> Best Regards,
>
> DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
> t: *206.973.3500 *| f: *206.577.5090*| e: *
> ??
> danielle at dimensionlaw.com
> <danielle at dimensionlaw.com>*| www.dimensionlaw.com
>
>
>
> **PLEASE NOTE OUR NEW OFFICE ADDRESS**
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Message: 4
Date: Wed, 4 Oct 2017 09:07:49 -0700
From: "Scott Hildebrand" <scott at starboard-strategies.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] UD and general RE litigator in Pacific County
Message-ID: <000f01d33d2a$edc50830$c94f1890$@starboard-strategies.com>
Content-Type: text/plain; charset="utf-8"
Danielle
I have done cases in Grays Harbor and Mason Counties. Not really ?in my neighborhood,? but I am in Olympia a lot and those areas are not far. Happy to discuss how I can help?
Best,
Scott Hildebrand
206-605-8874
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Danielle Flatt
Sent: Monday, October 2, 2017 12:00 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] UD and general RE litigator in Pacific County
Looking for referrals for a UD and Breach of Real Estate contract cases in Pacific County.
Thanks in advance!
Best Regards,
DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: danielle at dimensionlaw.com <mailto:danielle at dimensionlaw.com> | www.dimensionlaw.com <http://www.dimensionlaw.com>
*PLEASE NOTE OUR NEW OFFICE ADDRESS*
PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents. IRS C!
IRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
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Message: 5
Date: Wed, 4 Oct 2017 09:42:21 -0700
From: MK Henderson <law.mkh at gmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, "WSBA
Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: [WSBARP] Referral for slip and fall
Message-ID:
<CAPQDcJo2MYhKiVMavQ3Upyg4M5Kk4tmGuDUtgFgFcVyCyEMxpA at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Good morning,
I have a client who recently fell outside a store. Does anyone have a good
referral to an attorney for her?
Thank you,
--
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
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Message: 6
Date: Wed, 4 Oct 2017 09:43:35 -0700
From: "Tom Westbrook" <tjw at w3net.net>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Logging proceeds
Message-ID: <000001d33d2f$ec38a990$c4a9fcb0$@w3net.net>
Content-Type: text/plain; charset="iso-8859-1"
Hello Craig,
Timber is part of the real estate until severed. However, that does not mean
it is waste for the owner of the land to harvest the timber on land subject
to a DOT unless there is a specific timber harvest restriction clause.
Waste encompasses a variety of injuries that may occur to real estate,
including the removal of timber. Seattle-First Nat'l Bank v. Brommers, 89
Wash.2d 190, 202, 570 P.2d 1035 (1977). Nevertheless, the removal of timber
constitutes waste only if it decreases the value of the land. 2 H. Tiffany,
Real Property ? 634 (3d ed. 1939); 4 G. Thompson, Real Property ? 1853
(repl.1979). Kruger v. Horton, 106 Wash. 2d 738, 743, 725 P.2d 417, 421
(1986)
So, the question is as to value not as to timber harvesting. Most
residential appraisals do not take into consideration the value of timber as
residential appraisers don?t know how to value timber.
Obviously the lender is entitled to payment of the debt. If removing the
timber reduces the value of the property such that the debt is not paid from
the foreclosure sale, then your client is treading on thin ice. If the value
of the real estate is high enough to pay off the loan, then is there any
waste as to the lender? I don?t think the lender is entitled to get more
than what is due them.
Hard one to advise to log without an expert opinion on value and how that
plays into repayment of the debt. Would be an interesting case to argue for
sure but client may be putting herself in harm?s way.
Love to hear what you decide to advise J
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
cid:image001.jpg at 01CFC835.0D3988D0
Rodgers, Kee & Card, P.S.
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
Phone: 360-352-8311
Facsimile: 360-352-8501
Email: <mailto:tjw at buddbaylaw.com> tjw at buddbaylaw.com
Skype: thomas.westbrook
<http://www.buddbaylaw.com> www.buddbaylaw.com
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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Tuesday, October 03, 2017 5:59 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Logging proceeds
Listmates, I have a client in foreclosure that wants to log the parcel
prior to the sale. My instincts say she is committing waste and that the
lender will grab the proceeds. I have looked at the DOT and it really does
not say much about this scenario. She has little or no money so can?t
afford for us to do any research. Thought I would ask the collective
intelligence of the list if there was some exception before I told her it
was a bad idea. Thanks, Craig
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092 fax
<mailto:Craig at glgmail.com> Craig at glgmail.com
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Message: 7
Date: Wed, 4 Oct 2017 17:54:27 +0000
From: Kim Sandher <KSandher at pivotallawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, "WSBA
Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBARP] Referral for slip and fall
Message-ID:
<cc94260d541a456682fa16acc647bd79 at MBX081-E6-VA-4.exch081.serverpod.net>
Content-Type: text/plain; charset="utf-8"
Hi Mary,
Christopher Thayer here does this type of law: 206-805-1494
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of MK Henderson
Sent: Wednesday, October 04, 2017 9:42 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBARP] Referral for slip and fall
Good morning,
I have a client who recently fell outside a store. Does anyone have a good referral to an attorney for her?
Thank you,
--
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
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