[WSBARP] WSBARP Digest, Vol 62, Issue 10

Paul Neumiller pneumiller at hotmail.com
Fri Nov 15 16:01:51 PST 2019 

Steve, thanks for your input.  All great ideas.  Unfortunately, LL is a hothead and is trying to punish T (which makes no sense when I have pointed out to LL that T is judgment-proof.  Heck, maybe they don’t believe me.  I guess they’ll find out.)

Have a great weekend.


[cid:image002.jpg at 01D59BCD.7DCB15C0]



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Stephen Whitehouse
Sent: Thursday, November 14, 2019 3:12 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] WSBARP Digest, Vol 62, Issue 10

Paul,
      I think, technically, you are correct. However, the judge seems to be suggesting he/she may not be so technical.
      One of the things you have to consider is, do you really have a substantive defense. More often than not, tenant defenses don't fly against responsible landlords, only against the sleazy ones that do stupid things. Assuming the LL is not the latter, and assuming the tenant does not have a strong position, what the LL wants is the certainty of getting the tenant out and keeping costs down. What you have to sell is your client's cooperation. When I represent landlords, I sometimes will agree to continue the hearing with a stipulated order, that we get to walk into court a week or two or three later and have the writ issued, no questions, and perhaps with some other conditions(anything left can be taken to the dump, etc.). The benefit to the LL is certainty and minimizing costs. If you don't have a strong position, then you may wish to consider taking advantage of that.

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

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To: wsbarp <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Sent: Thu, Nov 14, 2019 12:01 pm
Subject: WSBARP Digest, Vol 62, Issue 10
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Today's Topics:

  1. UD Defense Gurus (Paul Neumiller)
  2. Referral Needed (Chris B)
  3. Re: Close Probate following GAL report (Mike Jacobs)
  4. Re: Close Probate following GAL report (Inge Fordham)
  5. Re: UD Defense Gurus (Paul Neumiller)
  6. Potential Client Needs Banking Specialist (Matt Yates)
  7. Re: UD Defense Gurus (Lenard Wittlake)
  8. Re: [Caution: Message contains Redirect URL content]
      [REALPROP] need referral (Christie Martin)
  9. chong yim (Roger Hawkes)
  10. Need referrals for appraiser Mason County (Schmidt & Yee, PC)
  11. Need referral for commercial contractor Buckley area
      (Schmidt & Yee, PC)


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Message: 1
Date: Wed, 13 Nov 2019 20:19:13 +0000
From: Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
To: "wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] UD Defense Gurus
Message-ID:
    <MWHPR11MB1597457636C44F7694CDB8EAD2760 at MWHPR11MB1597.namprd11.prod.outlook.com<mailto:MWHPR11MB1597457636C44F7694CDB8EAD2760 at MWHPR11MB1597.namprd11.prod.outlook.com>>

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

Hi All, I represent a commercial tenant in an UD action.  At the show cause hearing yesterday, I alleged that LL had improperly served the eviction notice, if at all.  Judge ordered an evidentiary hearing on question of whether tenant was served properly or, from the bench the Judge suggested the LL re-serve the eviction notice and then "amend the complaint."  So, today, the LL served a brand new eviction notice on the tenant.  It would appear that the LL has decided to re-ring the bell and serve a new notice rather than fight about service of the old notice.  I suspect the LL is following the Judge's advice from the bench and will now attempt to amend the complaint.

1.    BUT BUT BUT, the initial complaint is based on faulty service of the eviction notice.  Doesn't the LL have to file a new complaint?  Can a LL really rehabilitate the old complaint by re-serving the eviction notice and then amend the complaint.  Or, is this one of those times when the judge will roll his or her eyes at me and allow the LL to amend the complaint because that is the functional equivalent of a filing a new lawsuit?

2.    BTW, I have already filed an answer to the old complaint so is my understanding correct that the LL has to note up a hearing to get the court's permission to amend the complaint?


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Message: 2
Date: Wed, 13 Nov 2019 20:22:53 +0000
From: Chris B <Chrisb at heckerwakefield.com<mailto:Chrisb at heckerwakefield.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Referral Needed
Message-ID:
    <CY4PR05MB3272F818B816E1E9AAAD2994DC760 at CY4PR05MB3272.namprd05.prod.outlook.com<mailto:CY4PR05MB3272F818B816E1E9AAAD2994DC760 at CY4PR05MB3272.namprd05.prod.outlook.com>>

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

I have a property management company client. Their client, the property owner, needs someone to assist in resolving a violation notice received from the PSCAA as relates to asbestos abatement performed by noncertified personnel.

Chris Benis
Hecker, Wakefield & Feilberg, P.S.
321 First Avenue West, Seattle, WA  98119
206.447-1900 office - 206.447.9075 fax - www. heckerwakefield.com

This message contains information that may be CONFIDENTIAL AND PRIVILEGED.  Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message.  If you have received the message in error, please advise the sender by reply e-mail chrisb at heckerwakefield.com<mailto:chrisb at heckerwakefield.com><mailto:chrisb at heckerwakefield.com<mailto:chrisb at heckerwakefield.com>>, and delete this message. Thank you very much.
To comply with recent IRS rules, we must inform you that this message, if it contains advice relating to federal taxes, was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law.  Under recent IRS rules, a taxpayer may rely on professional advice to avoid federal tax penalties only if that advice is reflected in a comprehensive tax opinion that conforms to stringent requirements under federal law.  Please contact me if you would like to discuss our preparation of an opinion that conforms to these new rules.


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Message: 3
Date: Wed, 13 Nov 2019 21:21:45 +0000
From: Mike Jacobs <mikej at riachgese.com<mailto:mikej at riachgese.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Close Probate following GAL report
Message-ID:
    <4C1321DBD72A0E4DA2DF41D9DF22995601DA2D362D at MAIN.rgsw.local<mailto:4C1321DBD72A0E4DA2DF41D9DF22995601DA2D362D at MAIN.rgsw.local>>
Content-Type: text/plain; charset="utf-8"

Please post to group.

Sincerely,

Michael P. Jacobs
Riach Gese Jacobs, PLLC
7331 196th St. SW | PO Box 1067 | Lynnwood, WA 98036
Phone: (425) 776-3191 | Fax: (425) 425-775-0406

REPRESENTING OUR COMMUNITY SINCE 1959

Confidentiality Notice: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. Thank you.

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 Rich McEntee
Sent: Wednesday, November 13, 2019 11:42 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Close Probate following GAL report

Hello

I am looking for a little guidance. I have a non-intervention probate in Pierce County that is ready to close. The guardian ad litem for the minor heir has filed his report. The GAL states that the probate is ready to be closed and requests that the trustee should receive funds on behalf of the minor and file an appropriate receipt with the court.

I am hopeful that someone can give guidance on the process. But for the minor and the GAL, I would normally file a declaration of completion of probate. However, in light of the minor and the GAL?s requirement of the filing of a receipt it seems that something more is required. Can someone tell me what is required/best practice to close an estate such as this?

Thank you, in advance, for the advice.

Rich

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com><mailto:jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>




IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.





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

Message: 4
Date: Wed, 13 Nov 2019 21:37:06 +0000
From: Inge Fordham <inge at fordhamlegal.com<mailto:inge at fordhamlegal.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Close Probate following GAL report
Message-ID: <54C0B487-383E-44AE-95DD-5506A446E700 at fordhamlegal.com<mailto:54C0B487-383E-44AE-95DD-5506A446E700 at fordhamlegal.com>>
Content-Type: text/plain; charset="utf-8"

We just completed this process in Pierce Co.  We filed a First and Final Report of Administrator and Petition for Distribution.  You?ll want to coordinate with the GAL to note the hearing for the commissioner?s calendar (1:30pm in rm. 100) on a day when you can both appear.  The notice of the hearing must be published and mailed to all beneficiaries at least 20 days before the hearing pursuant to RCW 11.68.100.  You?ll file the affidavit of publication and a declaration of mailing.  The order approving the final distribution will require that custodian of the blocked account (usually a surviving parent or guardian) file a restrictive agreement or receipt of funds into blocked financial account within 30 days of the date the order is entered.  (In practice, the custodian will supply this to you and you will file it with the court.)  Upon the filing of the restrictive agreement or receipt, the administrator will be excused from his or her duties and the probate will be deemed !
closed.


[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

From: <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Mike Jacobs <mikej at riachgese.com<mailto:mikej at riachgese.com>>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Date: Wednesday, November 13, 2019 at 1:25 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Close Probate following GAL report

Please post to group.

Sincerely,

Michael P. Jacobs
Riach Gese Jacobs, PLLC
7331 196th St. SW | PO Box 1067 | Lynnwood, WA 98036
Phone: (425) 776-3191 | Fax: (425) 425-775-0406

REPRESENTING OUR COMMUNITY SINCE 1959

Confidentiality Notice: This e-mail message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the e-mail. Instead, please notify us immediately by replying to this message or telephoning us. Thank you.

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 Rich McEntee
Sent: Wednesday, November 13, 2019 11:42 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Close Probate following GAL report

Hello

I am looking for a little guidance. I have a non-intervention probate in Pierce County that is ready to close. The guardian ad litem for the minor heir has filed his report. The GAL states that the probate is ready to be closed and requests that the trustee should receive funds on behalf of the minor and file an appropriate receipt with the court.

I am hopeful that someone can give guidance on the process. But for the minor and the GAL, I would normally file a declaration of completion of probate. However, in light of the minor and the GAL?s requirement of the filing of a receipt it seems that something more is required. Can someone tell me what is required/best practice to close an estate such as this?

Thank you, in advance, for the advice.

Rich

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com><mailto:jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>






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

Message: 5
Date: Wed, 13 Nov 2019 22:24:03 +0000
From: Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] UD Defense Gurus
Message-ID:
    <MWHPR11MB1597105E21A04856DA80A35BD2760 at MWHPR11MB1597.namprd11.prod.outlook.com<mailto:MWHPR11MB1597105E21A04856DA80A35BD2760 at MWHPR11MB1597.namprd11.prod.outlook.com>>

Content-Type: text/plain; charset="iso-8859-1"

Found the answer to the second question; CR 15 says the amending party must get "leave of the court" to amend a pleading if a responsive pleading has already been served.  Anyone have any input as to requiring the LL to have to file a new lawsuit if the LL serves a new eviction notice?

?

-----Original Message-----
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 Paul Neumiller
Sent: Wednesday, November 13, 2019 12:19 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] UD Defense Gurus

Hi All, I represent a commercial tenant in an UD action.  At the show cause hearing yesterday, I alleged that LL had improperly served the eviction notice, if at all.  Judge ordered an evidentiary hearing on question of whether tenant was served properly or, from the bench the Judge suggested the LL re-serve the eviction notice and then "amend the complaint."  So, today, the LL served a brand new eviction notice on the tenant.  It would appear that the LL has decided to re-ring the bell and serve a new notice rather than fight about service of the old notice.  I suspect the LL is following the Judge's advice from the bench and will now attempt to amend the complaint.

1.    BUT BUT BUT, the initial complaint is based on faulty service of the eviction notice.  Doesn't the LL have to file a new complaint?  Can a LL really rehabilitate the old complaint by re-serving the eviction notice and then amend the complaint.  Or, is this one of those times when the judge will roll his or her eyes at me and allow the LL to amend the complaint because that is the functional equivalent of a filing a new lawsuit?

2.    BTW, I have already filed an answer to the old complaint so is my understanding correct that the LL has to note up a hearing to get the court's permission to amend the complaint?


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

Message: 6
Date: Thu, 14 Nov 2019 00:53:26 +0000
From: Matt Yates <matt at englishandmarshall.com<mailto:matt at englishandmarshall.com>>
To: "wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Potential Client Needs Banking Specialist
Message-ID:
    <6990C268E6D6E042A7E275551A4756FB0D3B80C3 at Blackwell.legal.local<mailto:6990C268E6D6E042A7E275551A4756FB0D3B80C3 at Blackwell.legal.local>>
Content-Type: text/plain; charset="us-ascii"

Client runs a compliance business assisting global shippers and has run into a problem where a wire transfer initiated with US Bank was delayed and ultimately not made.  Fast forward and client ultimately gives up on trying to get the transfer to go through and getting runaround from involved bank(s) and recalls the transfer.  After four weeks, transfer still not recalled meaning that transferred funds have not been deposited back with client who initiated transfer.  I have reviewed bank's published terms and conditions applicable to services as well as Deposit Account Agreement.  Bank is trying to smooth over with client by offering access to short term credit but client still convinced that any damages (probably consequential) should be bank's responsibility.  Client has provided a timeline of events from bank and it is actually pretty consistent with what client alleges.

Any banking experts out there who might be willing to respond and point me in a direction to get bank to respond a little faster (light the proverbial fire) or any referrals for client to contact (attorneys with more banking law experience than me)?

Matthew D. Yates
Attorney at Law
Yates Marshall, PLLC
10000 NE 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax: (360) 449-6111
matt at englishandmarshall.com<mailto:matt at englishandmarshall.com>
www.yatesmarshall.com<http://www.yatesmarshall.com>

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Message: 7
Date: Wed, 13 Nov 2019 18:05:30 -0800
From: "Lenard Wittlake" <lwlaw at my180.net<mailto:lwlaw at my180.net>>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] UD Defense Gurus
Message-ID: <011401d59a8f$fe03f250$fa0bd6f0$@my180.net<mailto:011401d59a8f$fe03f250$fa0bd6f0$@my180.net>>
Content-Type: text/plain;    charset="iso-8859-1"

Proper statutory notice under RCW 59.12.030 is a "jurisdictional condition
precedent" to the commencement of an unlawful detainer action.  Terry, 114
Wn.2d 564-65, quoting Sommers v. Lewis, 49 Wn.2d 891, 894, 307 P.2d 1064
(1957).  Noncompliance with statute prevents court from gaining subject
matter jurisdiction so case must be dismissed.  See also IBF, LLC v. Heuft,
141 Wn.App 624, 632, 174 P.3d 95 (2007).

Lenard L Wittlake, PLLC
Attorney & Counselor at Law
22 East Poplar Street, Suite 202
P.O. Box 1233
Walla Walla, WA 99362
(509) 529-1529 voice
(509) 850-3515 fax
Lenard at wittlakelaw.com<mailto:Lenard at wittlakelaw.com>

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com<mailto: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, November 13, 2019 2:24 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] UD Defense Gurus

Found the answer to the second question; CR 15 says the amending party must
get "leave of the court" to amend a pleading if a responsive pleading has
already been served.  Anyone have any input as to requiring the LL to have
to file a new lawsuit if the LL serves a new eviction notice?

?

-----Original Message-----
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 Paul Neumiller
Sent: Wednesday, November 13, 2019 12:19 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] UD Defense Gurus

Hi All, I represent a commercial tenant in an UD action.  At the show cause
hearing yesterday, I alleged that LL had improperly served the eviction
notice, if at all.  Judge ordered an evidentiary hearing on question of
whether tenant was served properly or, from the bench the Judge suggested
the LL re-serve the eviction notice and then "amend the complaint."  So,
today, the LL served a brand new eviction notice on the tenant.  It would
appear that the LL has decided to re-ring the bell and serve a new notice
rather than fight about service of the old notice.  I suspect the LL is
following the Judge's advice from the bench and will now attempt to amend
the complaint.

1.    BUT BUT BUT, the initial complaint is based on faulty service of the
eviction notice.  Doesn't the LL have to file a new complaint?  Can a LL
really rehabilitate the old complaint by re-serving the eviction notice and
then amend the complaint.  Or, is this one of those times when the judge
will roll his or her eyes at me and allow the LL to amend the complaint
because that is the functional equivalent of a filing a new lawsuit?

2.    BTW, I have already filed an answer to the old complaint so is my
understanding correct that the LL has to note up a hearing to get the
court's permission to amend the complaint?







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

Message: 8
Date: Thu, 14 Nov 2019 16:35:00 +0000
From: Christie Martin <christie at cascadialawyers.com<mailto:christie at cascadialawyers.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>,
    "REALPROP at yahoogroups.com<mailto:REALPROP at yahoogroups.com>" <REALPROP at yahoogroups.com<mailto:REALPROP at yahoogroups.com>>,
    "listserv at lists.wsbarppt.com<mailto:listserv at lists.wsbarppt.com>" <listserv at lists.wsbarppt.com<mailto:listserv at lists.wsbarppt.com>>
Subject: Re: [WSBARP] [Caution: Message contains Redirect URL content]
    [REALPROP] need referral
Message-ID: <E2FD9EBC-A6AE-4116-8CBB-A22624B79631 at cascadialawyers.com<mailto:E2FD9EBC-A6AE-4116-8CBB-A22624B79631 at cascadialawyers.com>>
Content-Type: text/plain; charset="utf-8"

Timeshareexitteam.com

Very reputable.


Christie L. Martin | Martin & Richards, LLP
Attorney at Law

B: 503-444-3449
C: 503-545-9199
F: 360-637-0300



From: <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of "Wheeler, Doug" <DWheeler at viresorts.com<mailto:DWheeler at viresorts.com>>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Date: Wednesday, November 13, 2019 at 9:05 AM
To: "REALPROP at yahoogroups.com<mailto:REALPROP at yahoogroups.com>" <REALPROP at yahoogroups.com<mailto:REALPROP at yahoogroups.com>>, "listserv at lists.wsbarppt.com<mailto:listserv at lists.wsbarppt.com>" <listserv at lists.wsbarppt.com<mailto:listserv at lists.wsbarppt.com>>, "wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] [Caution: Message contains Redirect URL content] [REALPROP] need referral

I am not aware of anyone who currently (and legitimately) assists owners in getting out of timeshares in Mexico.  And, I haven?t really looked into this for a while.  However, here is what I have said to others in the past.

Generally, once someone buys a timeshare, they own it for the duration of its ?life? (for example, if it is a perpetual timeshare, you own it forever; if it only for a stated number of years, you own it for that period). There generally is no formal mechanism to relinquish the timeshare nor is there a legal requirement that the original developer, owners association or timeshare program repurchase a timeshare, and it is usually up to the owner to sell it or otherwise transfer it to someone else. Further, an effective transfer usually requires recording the transfer on the books of the association or timeshare program, which can effectively give them a veto over the transfer or the party to whom it is transferred.

Nevertheless, the first thing I would recommend is to contact the owners association or timeshare program (unfortunately, there may not be such for a Mexican timeshare, although some larger US timeshare organizations recently have announced programs for relinquishment of their timeshare upon payment of fees ? often fairly large fees; for what it?s worth, Vacation Internationale allows any owner who no longer can use or wants their timeshare to relinquish it without charge).

If a relinquishment or similar program does exist, the organization may have a repurchase program or maintain lists of interested buyers and sellers, and they can tell the owner what will be required to transfer the timeshare to someone else (although I have never heard of such for a Mexican timeshare organization).

If an owners association or timeshare program does not exist or otherwise cannot help in selling a timeshare, the owner can try to sell it him or herself. A lot of people list timeshares for sale on eBay, Craig's List, and the like. The downside is that it can be very time consuming, may generate a lot of crank responses (or responses from scammers), and it can be difficult to come up with a realistic sale price. One mistake people often make is to assume that their timeshare still holds a lot of value, which unfortunately is seldom true. To try to determine a realistic sale price, one can try searching the Internet for other timeshares for sale in the same resort, program or organization (making sure that it any resales are comparable in terms of size of unit, use period, etc.).

In any event, if one advertises a timeshare for sale, one will likely get calls from scam timeshare resale or transfer companies. Beware of anyone who wants an up-front fee to help a sell or otherwise get rid of a timeshare ? more often than not, it is a scam.

There are some reputable timeshare resale companies, including SellMyTimeshareNOW.com (probably the leading timeshare reseller at this time, at http://www.sellmytimesharenow.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sellmytimesharenow.com&data=02%7C01%7C%7Cead1099da320441c55f208d769590750%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637093703408777369&sdata=snbFkWnh7uD5c4LaKY8YicBWojg%2B%2BeAW0jvMeFBs%2BA8%3D&reserved=0>), and TimesharesOnly.com (http://www.timesharesonly.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.timesharesonly.com&data=02%7C01%7C%7Cead1099da320441c55f208d769590750%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637093703408777369&sdata=qYO3PWR%2B%2F6RXlpSm7LQ45ONDX7MjqgluezamhXqW3G8%3D&reserved=0>). However, they typically have hundreds or thousands of timeshares listed on their websites at any given time. Other web sites that may be of interest include: RedWeek.com, which has listings for timeshare resales (http://www.redweek.com/<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.redweek.com%2F&data=02%7C01%7C%7Cead1099da320441c55f208d769590750%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637093703408787378&sdata=x4ZML2B3UC0s5CTpoErRqsEy72iq2sIBEDVgAICwY0c%3D&reserved=0>), and the Licensed Timeshare Resale Brokers Association (http://www.licensedtimeshareresalebrokers.org/<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.licensedtimeshareresalebrokers.org%2F&data=02%7C01%7C%7Cead1099da320441c55f208d769590750%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637093703408787378&sdata=xFfqUyIzzdxlHSVjXv45E8toR%2F64yOOL789xEAnab2M%3D&reserved=0>).

In any event, before using any third-party resale company, do a thorough Internet search and beware of anyone who asks for a fee up front.

Another excellent resource is the website for the American Resort Development Association (the principal timeshare industry organization, better known as ARDA, at www.arda-roc.org<http://www.arda-roc.org<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.arda-roc.org&data=02%7C01%7C%7Cead1099da320441c55f208d769590750%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637093703408797383&sdata=UWtcHkaAc0jSaliBOG9M1gfsBj8tTQ2tIytOo4zhTCs%3D&reserved=0>>). ARDA has put a lot of effort into providing information on timeshare resales, including tips on how to best go about re-selling a timeshare. You could also check a popular timeshare owners? bulletin board maintained by Timeshare Users Group at http://tug2.net/.

Finally, if an owner just wants to get rid of a timeshare and the owner does not care if the owner gets anything in return, the owner could look into giving it back to the original seller/developer, or the current owners association or timeshare program. They may or may not be willing to take it back, or they might require payment of all current assessments and fees before they are willing to accept the timeshare.

If all else fails, the owner could try simply mailing a deed for the timeshare to the owners association or timeshare program. They might still try to collect any unpaid dues, fees or assessments, but if only a relatively small amount is owed, it might not be worth their while to try to collect. However, they could bring legal action against the owner and/or file a negative report with the credit reporting agencies, which could harm the owner?s credit. Accordingly, an owner should not undertake this lightly, and make sure the owner understands all the risks before doing so.

Finally, as alluded to above, anyone who wants help in selling their timeshare is ?never give anyone cash up front to sell your timeshare? and ?if it sounds too good to be true, it probably is.?

There are a lot of scammers.  In particular, beware of any ?timeshare exit? individual or team.  We have a particularly egregious Timeshare Exit Team operating in Washington.  They typically charge thousands of dollars, and very seldom deliver on their promises (in fact, Timeshare Exit Team has been the subject of investigation by the Washington Attorney General?s office, among others).

I hope this helps.

Doug Wheeler
Senior Counsel
VI Resorts
1417 116th Avenue NE
Bellevue, WA  98004
Office:  (425) 454-3065, Ext. 1309
Cell:  (206) 356-8350
Fax:  (425) 990-2655
DWheeler at viresorts.com<mailto:DWheeler at viresorts.com><mailto:DWheeler at viresorts.com<mailto:DWheeler at viresorts.com>>

From: REALPROP at yahoogroups.com<mailto:REALPROP at yahoogroups.com> <REALPROP at yahoogroups.com<mailto:REALPROP at yahoogroups.com>>
Sent: November 13, 2019 7:10 AM
To: realprop at yahoogroups.com<mailto:realprop at yahoogroups.com>; listserv at lists.wsbarppt.com<mailto:listserv at lists.wsbarppt.com>; wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [Caution: Message contains Redirect URL content] [REALPROP] need referral


Still looking for referral for PC on time share in Mexico.

Theresa E. Dowell
DOWELL LAW OFFICES
SUITE 100
1400 112TH AVE SE


BELLEVUE. WA 98004

Tel: 206-660-1502



EMAIL ADDRESS:  Email:  T<mailto:TEEDowell at aol.com<mailto:TEEDowell at aol.com>>EEDowell at aol.com<mailto:EEDowell at aol.com><mailto:EEDowell at aol.com<mailto:EEDowell at aol.com>>


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

Message: 9
Date: Thu, 14 Nov 2019 17:23:51 +0000
From: Roger Hawkes <Roger at law-hawks.com<mailto:Roger at law-hawks.com>>
To: "'Real Property Listserve'" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>, Business
    Law Section <business-law-section at list.wsba.org<mailto:business-law-section at list.wsba.org>>
Subject: [WSBARP] chong yim
Message-ID:
    <DM6PR16MB3308BD017A5E7D2320B45AAEE9710 at DM6PR16MB3308.namprd16.prod.outlook.com<mailto:DM6PR16MB3308BD017A5E7D2320B45AAEE9710 at DM6PR16MB3308.namprd16.prod.outlook.com>>

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

The two Chong Yim cases handed down today by our Supremes cause me to wonder if we need to clean house at that level.  Such deference to the feds does not serve Washingtonians well.

Roger Hawkes, WSBA # 5173
Hawkes Law Firm and Sultan Lawyers
19944 Ballinger Way NE, Shoreline, WA 98155 and
423 Main, Sultan, WA 98294
206 367 5000
360 799 6438


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Message: 10
Date: Thu, 14 Nov 2019 18:14:22 +0000 (UTC)
From: "Schmidt & Yee, PC" <syaloha at gte.net<mailto:syaloha at gte.net>>
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Need referrals for appraiser Mason County
Message-ID: <1455754479.340147.1573755262181 at mail.yahoo.com<mailto:1455754479.340147.1573755262181 at mail.yahoo.com>>
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Hello:I am in need of an appraiser for vacant lots in Shelton area for a tax assessed value appeal.Any referrals are appreciated.
Pam Yee
Schmidt & Yee, PC
syaloha at gte.net<mailto:syaloha at gte.net>
503-642-7641
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Message: 11
Date: Thu, 14 Nov 2019 18:20:14 +0000 (UTC)
From: "Schmidt & Yee, PC" <syaloha at gte.net<mailto:syaloha at gte.net>>
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Need referral for commercial contractor Buckley area
Message-ID: <1570197435.335784.1573755614687 at mail.yahoo.com<mailto:1570197435.335784.1573755614687 at mail.yahoo.com>>
Content-Type: text/plain; charset="utf-8"

Hello:Need a contractor with commercial license for rehab of a commercial building located in Buckley.? Referrals appreciated.
Pam Yee
503-642-7641
Schmidt & Yee, PC
direct email: pam at schmidtandyee.com<mailto:pam at schmidtandyee.com>
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End of WSBARP Digest, Vol 62, Issue 10
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