[WSBARP] "Lost mortgage" analysis

[Doris Eslinger]

I'm attaching a recent appeals court case on the SOL issue in case it's helpful.

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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley
Sent: Monday, September 16, 2019 11:01 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] "Lost mortgage" analysis

Unless the lender affirmatively accelorates the loan then each payment is a separate default and sol only runs on that payment.  Just went through a similar case.
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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 Craig Blackmon <craig at lawofficeofcraigblackmon.com<mailto:craig at lawofficeofcraigblackmon.com>>
Sent: Monday, September 16, 2019 5:10:45 AM
To: WSBA Real Property List Serve <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] "Lost mortgage" analysis

'Mates, I just picked up a "lost mortgage" case and could use a little input to make sure I am on the right track.

Facts: Loan in 2006, default in 2008. NOD and NOTS served and filed in 2009, with sale then discontinued in 2010.. and nothing since. But lender (apparently) continues to pay property taxes.

My analysis: Client no longer liable on Note due to 6 year SOL. But under the DOT, client remains liable (by way of lien) for last six years of missed payments, plus outstanding principal.

Can anyone lend a hand? If I am way off base, perhaps a call?

Thank you, thank you, thank you...

Craig
Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer<http://www.seattlepropertylawyer.com/>
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Seattle WA 98121
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