[WSBARP] WSBARP Digest, Vol 40, Issue 3

Fri Jan 5 14:36:36 PST 2018

Should probably be careful: Bremerton v. Widell, 146 Wn.2d 561 (2002). 

Sent from Mail for Windows 10

From: Craig Gourley
Sent: Friday, January 5, 2018 2:08 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] WSBARP Digest, Vol 40, Issue 3

Paul,  when doing trailer park evictions I always pleased that the person be “ forever barred” from the park, not just the space.  Essentially a no trespass order rolled into the unlawful detainer.  My order cites the same.  As the park owner I can ask the court to bar anyone from my property, not just the space they rent.  I guess technically it should be 2 separate actions but so far, I have not received any pushback.  I typically have the conversation with the person being barred before they leave so they have clear understanding that returning is a trespass and I will have them arrested. While I have not yet had to argue with the responding officer, pointing out the language to the offender along with “the police are on their way” usually makes them disappear.  

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

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, January 04, 2018 5:55 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WSBARP Digest, Vol 40, Issue 3

Steve, thank you for your great analysis.  I am still mulling this over.  It seems to me that the landlord has the right to kick out a tenant from an apartment AND make sure the tenant leaves the entire premise (that is, the tenant shouldn’t be able to hang out in the hallway of an apartment building).  I have seen the sheriff escort the tenant all the out to the public sidewalk.  I have not had the situation where the ex-tenant came back as a guest of another tenant at a later time.  

While the sympathies may lie with this particular tenant (don’t want to necessarily keep family members apart), I have had several situations where a meth-head floats out of the trailer and into another trailer next space over when the sheriff shows up.  Since then, my pleadings have always specified that the tenant is being evicted from the “[park], including without limitation, space XXX”   on the belief that this language would prevent the meth-head from staying with someone else.  Your analysis suggests this is not the case.
I have to think about it but I might advise the mobile home park to revise their rules and regulations to say that no one may have a guest who was evicted from another space in the Park.  

Also, for the good of the order, on my second issue, I attempted to move the court today on the ex-parte calendar to issue a new Writ to the new buyer based on the new buyer being a successor-in-interest under the RCW’s regarding a Bargain and Sale deed, but the judge denied my request saying there was a “procedural and administrative irregularity” because the new buyer was not a party to the UD action.  While the judge suggested that I bring a motion for joiner for the new buyer (which I suspect is too late under the court rules because the judge has already issued a final order), at this point, I think I will recommend that the new buyer bring a new UD action in the new buyer’s name. The bank did the new buyer no favors.  In fact, the bank’s attorneys faxed a letter to the sheriff saying that the bank no longer owned the property and to cease all actions on the original UD action.   

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Stephen Whitehouse
Sent: Thursday, January 4, 2018 3:40 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] WSBARP Digest, Vol 40, Issue 3

As to number 1, a writ of restitution can only apply to possession of the leased premises. The tenant is a guest as to other premises. So whether the tenant can be barred from other areas is not determined by the writ, but to what extent the landlord can control access to other areas by way of governing documents effecting the area as a whole, and also by its leases with other tenants as the other tenants have rights to have guests within certain limits. 

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

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To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Thu, Jan 4, 2018 12:00 pm
Subject: WSBARP Digest, Vol 40, Issue 3

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Today's Topics:

1. Re: Hey, UD Gurus (Douglas W. Scott)
2. Re: Hey, UD Gurus (Paul Neumiller)
3. Referral: Attorney to Handle DOL Appeal for RE Agent
(Synthia Melton)

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

Message: 1
Date: Wed, 3 Jan 2018 21:09:13 +0000
From: "Douglas W. Scott" <doug at davisscottlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Hey, UD Gurus
Message-ID:
<B53EA1F6F4C2654690E6CD24624688BAAD592124 at mbx031-e1-va-2.exch031.domain.local>

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

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<http://www.davisscottlaw.com/>

From: 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
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?

[cid:image001.png at 01D38494.0EE76BB0]

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Message: 2
Date: Wed, 3 Jan 2018 21:48:40 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Hey, UD Gurus
Message-ID:
<CY1PR1101MB122553EC196D30B25D5D6C71D21E0 at CY1PR1101MB1225.namprd11.prod.outlook.com>

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

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?

[cid:image003.jpg at 01D38499.63A77D20]

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?

[cid:image004.png at 01D38499.63A77D20]

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Message: 3
Date: Wed, 3 Jan 2018 17:20:29 -0800
From: Synthia Melton <synthia at dimensionlaw.com>
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Referral: Attorney to Handle DOL Appeal for RE Agent
Message-ID:
<CA+rNwt1X_NsvUVjBSjUMojS1tTC0J-yS_X9RgbxdvHNPUT7R+Q at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Hello,

Looking for referrals to attorneys who handle administrative appeals on
behalf of a real estate agent re sanctions from DOL.

Self referrals welcome. Thank you!

Respectfully,

SYNTHIA A. MELTON | PARTNER | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *synthia at dimensionlaw.com*|
www.dimensionlaw.com

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End of WSBARP Digest, Vol 40, Issue 3
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