[WSBARP] Forfeiture of Real Property under RCW 69.50.505

[Gregory L. Ursich]

Doris: Dealing right now with a civil asset forfeiture involving real estate.  I could help you with this.  I also regularly do lender work as well. -Greg

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Gregory L. Ursich | Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Doris
Sent: Monday, April 23, 2018 10:43 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Forfeiture of Real Property under RCW 69.50.505

My Client, a private commercial lender, made a real estate loan to Borrower for a rental property.  Borrower was busted in March for growing marijuana illegally and the city filed summons and complaint for Forfeiture of Real Property (city also filed Lis pendens).  RCW 69.50.505 (1)(d)(iv) states: "A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission."  The city attorney also assured me that Client has to be made whole if they have no knowledge of the activities which is the case.

Among other things, breach of the DOT includes committing waste or failure to comply with laws regulations etc.  The DOT also permits lender to inspect the property.  If Client wants to declare a default (Borrower is current on loan payment), at what point does the Borrower breach for violating the law?  Is it when the government files Complaint for Forfeiture or only when the government prevails in the case? How do I prove Borrower committed waste? Before I send a notice of default, should I send a letter alleging breach and demand an explanation? Assuming Borrower breached the terms of the loan and we can foreclose, is it better that we take on the forclosure or let the city proceed with the forfeiture and make Client whole after they sell the property?  Are there other issues that I overlooked?

I would like to associate with someone who has experience with similar matters and willing to take on a Lewis county case. Thank you very much for your help!


Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 |
Fax: (425) 633-2468 | doris at eslingerlawoffice.com<mailto:doris at eslingerlawoffice.com> | eslingerlawoffice.com<http://www.eslingerlawoffice.com/>

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