[WSBARP] Forfeiture of Real Property under RCW 69.50.505

Tue Apr 24 07:57:03 PDT 2018

Yes, I have 90-day from seizure to notice the government which I will do
soon.   Lender was not named as a defendant per se but was given notice of
it.  The defendant is the "in rem real property."  Thank you 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 | eslingerlawoffice.com  

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Today's Topics:

   1. Forfeiture of Real Property under RCW 69.50.505 (Doris)
   2. Re: Forfeiture of Real Property under RCW 69.50.505
      (scott at scottgthomaslaw.com)
   3. Re: Forfeiture of Real Property under RCW 69.50.505
      (nestor at pplsweb.com)

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Message: 1
Date: Mon, 23 Apr 2018 10:43:19 -0700
From: "Doris" <doris at eslingerlawoffice.com>
To: <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Forfeiture of Real Property under RCW 69.50.505
Message-ID: <009001d3db2a$92200e00$b6602a00$@eslingerlawoffice.com>
Content-Type: text/plain; charset="us-ascii"

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 |  <mailto:doris at eslingerlawoffice.com>
doris at eslingerlawoffice.com |  <http://www.eslingerlawoffice.com/>
eslingerlawoffice.com  

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Message: 2
Date: Mon, 23 Apr 2018 11:12:45 -0700
From: <scott at scottgthomaslaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Forfeiture of Real Property under RCW 69.50.505
Message-ID: <041301d3db2e$ae47dc80$0ad79580$@scottgthomaslaw.com>
Content-Type: text/plain; charset="us-ascii"

Would suggest that you submit a notice to the local government notifying
them of client's interest in the property, and challenging any potential
forfeiture of client's interest immediately if you have not already done so.
The time period for doing so is extremely short, and that will at least
cover client's bases.  

From: wsbarp-bounces at lists.wsbarppt.com <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 |  <mailto:doris at eslingerlawoffice.com>
doris at eslingerlawoffice.com |  <http://www.eslingerlawoffice.com/>
eslingerlawoffice.com  

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Message: 3
Date: Mon, 23 Apr 2018 11:26:42 -0700
From: <nestor at pplsweb.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Forfeiture of Real Property under RCW 69.50.505
Message-ID: <007701d3db30$a13ba470$e3b2ed50$@pplsweb.com>
Content-Type: text/plain; charset="us-ascii"

Was lender named in the civil forfeiture? If so, I would cross claim against
borrower.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of scott at scottgthomaslaw.com
Sent: Monday, April 23, 2018 11:13 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Forfeiture of Real Property under RCW 69.50.505

Would suggest that you submit a notice to the local government notifying
them of client's interest in the property, and challenging any potential
forfeiture of client's interest immediately if you have not already done so.
The time period for doing so is extremely short, and that will at least
cover client's bases.  

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<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 <mailto: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 |  <mailto:doris at eslingerlawoffice.com>
doris at eslingerlawoffice.com |  <http://www.eslingerlawoffice.com/>
eslingerlawoffice.com  

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Please do not forward this message to others without permission.  The
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of such information is strictly prohibited.  If you are not the addressee,
please promptly delete this message and notify the sender of the delivery
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in this message should be interpreted as a digital or electronic signature
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