[WSBARP] Hey, UD Gurus

[Paul Neumiller]

I might be able to because I have the contact number for the attorney working with the bank.  Do you (or anyone out there in internetland) have a form for an assignment of litigation rights?


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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Douglas W. Scott
Sent: Wednesday, January 3, 2018 1:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Hey, UD Gurus

For number 2, can you get the Bank to assign your client their rights in this litigation and have the court recognize this assignment in an ex parte order.

Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829
www.davisscottlaw.com<https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.davisscottlaw.com%2F&data=02%7C01%7C%7C0b4a1b6f2acc45fab00b08d552ef38b3%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636506109757422078&sdata=ApehchzlR56xtolW0haRSy5%2B%2B9GPOzsCICQ%2BHYJITec%3D&reserved=0>

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: Wednesday, January 03, 2018 10:02 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Hey, UD Gurus


Two Interesting Situations:



  1.  Mobile Home Park evicts tenant and lists in the pleadings that tenant is barred from all of the premises, not just the unit space.  But tenant's mother, sister, and boyfriend all own separate trailers in the Park and we suspect tenant will just couch-surf and stay in the Park. Is the Writ of Restitution from "all of the premises" still effective if the evicted tenant is a guest in another trailer?  The sheriff has already questioned the situation and said "we can't arrest the tenant if she is her mother's guest in another trailer". (While Park rules limit the number of nights a guest can stay but I am asking about the effectiveness of the Writ in this situation.)  Anyone have to address this before??
  2.  Wells Fargo forecloses on a residence and then brings a UD action to remove borrower.  Bank gets an Order for Possession and a Writ of Restitution but then sells the property to buyer before actually getting and serving the Writ.  Attorney for Bank then writes a letter to sheriff saying don't finish process (I don't have a copy of this letter yet but probably because  Bank doesn't own the property anymore and doesn't want to spend any more money).  So, Bank gets an order for possession and a Writ but now new buyer owns the property and the borrower is still in the premises.  Sheriff is now saying the writ must be issued in name of new buyer. Dear Litigators: is there some way to be a successor plaintiff or something to piggyback on the existing lawsuit instead of having to bring a whole new unlawful detainer in the name of the new buyer?








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