[WSBARP] WSBARP Digest, Vol 75, Issue 14
Stephen Whitehouse
swhite8893 at aol.com
Tue Dec 15 13:14:12 PST 2020
My partner and I have taken a preliminary look at this. I am certainly no constitutional expert and we have just been thinking through the process.A takin theory will not work as the deprivation needs to be permanent. The Washington constitution has a contract provision. I do not believe there is any thing comparable in the US constitution. We have not explored the idea of due process or a 1984 action. Two law suits have been filed over the restrictions that I am aware of. One in Chelan County and on in federal court in Tacoma. My impression is that they were a visceral reaction by right wing groups that were not well thoughtout. Neither went any where.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Tue, Dec 15, 2020 12:00 pm
Subject: WSBARP Digest, Vol 75, Issue 14
Send WSBARP mailing list submissions to
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Today's Topics:
1. Re: Landlord Question (K. Garl Long)
2. Re: WSBARP Digest, Vol 75, Issue 13 (Stephen Whitehouse)
3. Re: WSBARP Digest, Vol 75, Issue 13 (Stephen Whitehouse)
4. Re: Landlord Question (Rob Rowley)
5. Re: Landlord Question (Craig Gourley)
6. Re: WSBARP Digest, Vol 75, Issue 13 (Timothy Lehr)
----------------------------------------------------------------------
Message: 1
Date: Tue, 15 Dec 2020 11:07:25 -0800
From: "K. Garl Long" <Garl at longlaw.biz>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, Jennifer
L White <jen at appletreelaw.com>
Subject: Re: [WSBARP] Landlord Question
Message-ID: <2b9835ef-ed57-f90d-e088-8918a6ff115a at longlaw.biz>
Content-Type: text/plain; charset="utf-8"; Format="flowed"
Yes, where are the lawyers defending the right to contract? (Or, yea, my
law professor said that somehow that disappeared from the constitution.)
K. Garl Long
On 12/15/2020 10:53 AM, Jennifer L White wrote:
>
> Rob,
>
> I?m curious if any of you LL/T gurus and/or real property litigators
> are considering filing some kind of action or class action on a
> constitutional takings basis? It seems to me that the government has
> turned private landlords into unwilling purveyors of public housing.
> All of these regulations/laws were hastily conceived and handed down
> by fiat. The result has been a tremendous and concentrated loss to
> private property owners. Perhaps it has to play out further? Have to
> wait to quantify the exact loss when the moratoriums end and you work
> through getting them out under all of these onerous ?drag it out?
> policies benefiting only tenants? We all know that deadbeat tenants
> are never going to pay up even a tiny fraction of what they owe. That
> is but a legal illusion of justice for the property owners.
>
> Jennifer L. White, Esq.
>
> jen at appletreelaw.com <mailto:jen at appletreelaw.com>//
>
> PO Box 11037
>
> Yakima, WA 98909
>
> 509.225.9813
>
> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rowley, Rob
> *Sent:* Tuesday, December 15, 2020 6:49 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlord Question
>
> As I tell my landlord clients we lawyers don't like guaranteeing
> anything but there is one thing I will guarantee is that the
> Governor?will extend the moratorium sometime into 2021.
>
> Also, I suspect that Pres. Biden (once in office) will also extend the
> CDC?moratorium which is scheduled to lapse on December 31 which is
> only for nonpayment of rent.
>
> You also have to look at your local county to see if they are part of
> the Eviction Resolution Program.??Spokane County?where I am based out
> of is a part of the ERP?and?eventually once the moratorium is lifted
> we have to participate in the program.
>
> http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
>
> Also, the upcoming legislative session has a number of?bills which
> will be filed which will essentially make it near impossible to evict
> a for rent (or anything) anytime soon (month to month goes away for a
> while). Who knows what actually will pass as law is a different
> question.??Two things that you never want to see being made?is sausage
> and law.
>
> Summary:
>
> https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
>
> If I'm a betting man I would say the Legislature will pass some very
> tenant friendly provisions tied to the governor lifting the
> moratorium.??In other words, let the Legislature take the flak?from
> those unpaid landlords.
>
> Interesting times we live in.
>
> Rob Rowley
>
> Spokane
>
> On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal
> <attorney at sangeetasaigal.com <mailto:attorney at sangeetasaigal.com>> wrote:
>
> Hello Landlord Gurus,
>
> I understand that there is a moratorium against evictions until
> December 31^st .
>
> According to how I understand the proclamation this moratorium
> applies to tenants who have lost their jobs or source of income
> related to Covid.
>
> Question:
>
> If a residential tenant has not lost their source of income ie. On
> govt assistance and they are not paying the rent does the
> moratorium against no eviction rule apply to them.
>
> How best to approach such tenant who seems to be taking advantage
> of the moratorium.
>
> Any advice would be really appreciated.
>
> Sangeeta
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields,
> and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
> --
>
>
>
> *Robert R Rowley*
> Attorney & Counselor at Law
> (509) 252-5074 <tel:%28509%29+252-5074>(509) 994-1143
> <tel:%28509%29+994-1143>
> ?(509) 928-3084 rowleylegal.com <http://www.rowleylegal.com/>
> rob at rowleylegal.com <mailto:rob at rowleylegal.com>
> Helping You Protect What Matters Most
> <https://www.facebook.com/rowleylegal><https://www.twitter.com/ROBERTRROWLEY>
>
> /Practice concentrated on business, real estate and general legal
> matters in Washington and Idaho. /
>
> NOTICE: The contents of this message and any attachments may be
> protected by the attorney-client privilege, work product doctrine or
> other applicable protections. If you are not the intended recipient or
> have received this message in error, please notify the sender and
> promptly delete the message. Thank you for your assistance.
> DISCLAIMER: You should recognize that responses provided by e-mail
> means are akin to ordinary telephone or face-to-face conversations and
> do not reflect the level of factual or legal inquiry or analysis which
> would be applied in the case of a formal legal opinion. A formal
> opinion may very well reach a different conclusion.
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 2
Date: Tue, 15 Dec 2020 19:07:32 +0000 (UTC)
From: Stephen Whitehouse <swhite8893 at aol.com>
To: "wsbarp-request at lists.wsbarppt.com"
<wsbarp-request at lists.wsbarppt.com>, "wsbarp at lists.wsbarppt.com"
<wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WSBARP Digest, Vol 75, Issue 13
Message-ID: <506636436.1030501.1608059252542 at mail.yahoo.com>
Content-Type: text/plain; charset="utf-8"
Sangeeta,? ? ? The moratorium applies to all evictions with a few exceptions. The fact a tenant is unaffected by the Covid has no bearing on it.?? ? ? I think it is arguable that the proclamation is unconstitutional as being overly broad and an interference with contractual relations. I has a similar scenario and have filed a claimagainst the state. No response yet.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Tue, Dec 15, 2020 10:53 am
Subject: WSBARP Digest, Vol 75, Issue 13
Send WSBARP mailing list submissions to
??? wsbarp at lists.wsbarppt.com
To subscribe or unsubscribe via the World Wide Web, visit
??? http://mailman.fsr.com/mailman/listinfo/wsbarp
or, via email, send a message with subject or body 'help' to
??? wsbarp-request at lists.wsbarppt.com
You can reach the person managing the list at
??? wsbarp-owner at lists.wsbarppt.com
When replying, please edit your Subject line so it is more specific
than "Re: Contents of WSBARP digest..."
Today's Topics:
? 1. Selling Property & Retaining Tideland Rights (Inge Fordham)
? 2. PC - Social Security of Deceased sister (Kaitlyn Jackson)
? 3. Landlord Question (Sangeeta Saigal)
? 4. Re: Selling Property & Retaining Tideland Rights
? ? ? (mlstone at rockisland.com)
? 5. Re: Selling Property & Retaining Tideland Rights (Roger Moss)
? 6. Re: Landlord Question (Rowley, Rob)
? 7. Re: Selling Property & Retaining Tideland Rights
? ? ? (Annie Fitzsimmons)
? 8. i/s/o Responsive HI Real Property Attorney (Jeremy)
? 9.? Landlord Question (Roger Moss)
? 10. Re: Selling Property & Retaining Tideland Rights (Kailei Feeney)
? 11. Re: i/s/o Responsive HI Real Property Attorney
? ? ? (Virginia Antipolo-Utt)
? 12. Re: Landlord Question (Jennifer L White)
----------------------------------------------------------------------
Message: 1
Date: Mon, 14 Dec 2020 21:49:56 +0000
From: Inge Fordham <inge at fordhamlegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <391D151B-FF62-4ACB-9FA9-B559BE447859 at fordhamlegal.com>
Content-Type: text/plain; charset="utf-8"
Colleagues,
A PC contacted me with an interesting situation.? She has a waterfront house with tideland rights and a contract to sell shellfish.? She wishes to sell the property but retain the tideland rights and the contract.? Is this even possible?? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
Thanks in advance!
[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
www.fordhamlegal.com<http://www.fordhamlegal.com>
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.
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Message: 2
Date: Mon, 14 Dec 2020 16:55:01 -0800
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] PC - Social Security of Deceased sister
Message-ID:
??? <CAO+NF_7TGiZKHAz+sEUsBbESuQvP+3Pj2fYOrL0hNOc_UAk9yw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Listmates -
I think I need an Elder Law attorney but I'm not quite sure where to refer
out this case.
PC's sister passed away without a spouse, children, or a will. PC's brother
found out that her previous assisted living arrangement had collected about
10 social security checks and nobody knew they had them and they went
uncashed. They sent them back to social security and social security won't
release them to PC. There's also a bank account in deceased sister's name
that PC is trying to gain possession of. PC doesn't want assets to escheat
to the state.
Anyone want to check this out? I'll send all referrals (self-referrals
welcome).
--
Thank you,
Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com
Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.
--
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Message: 3
Date: Tue, 15 Dec 2020 05:22:29 +0000
From: Sangeeta Saigal <attorney at sangeetasaigal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Landlord Question
Message-ID: <9DCBC67B-D65F-4E33-B839-3B4731E1C60B at sangeetasaigal.com>
Content-Type: text/plain; charset="utf-8"
Hello Landlord Gurus,
I understand that there is a moratorium against evictions until December 31st.
According to how I understand the proclamation this moratorium applies to tenants who have lost their jobs or source of income related to Covid.
Question:
If a residential tenant has not lost their source of income ie. On govt assistance and they are not paying the rent does the moratorium against no eviction rule apply to them.
How best to approach such tenant who seems to be taking advantage of the moratorium.
Any advice would be really appreciated.
Sangeeta
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Message: 4
Date: Tue, 15 Dec 2020 07:51:49 -0400
From: <mlstone at rockisland.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <00ce01d6d2d8$ad062bc0$07128340$@rockisland.com>
Content-Type: text/plain; charset="utf-8"
If the tidelands are a separate tax parcel, and she is the owner of that tax parcel, then she can sell the uplands and retain ownership of the tidelands.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Monday, December 14, 2020 5:50 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Selling Property & Retaining Tideland Rights
Colleagues,
A PC contacted me with an interesting situation.? She has a waterfront house with tideland rights and a contract to sell shellfish.? She wishes to sell the property but retain the tideland rights and the contract.? Is this even possible?? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
Thanks in advance!
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com <http://www.fordhamlegal.com>?
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.
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Message: 5
Date: Tue, 15 Dec 2020 06:30:06 -0800
From: Roger Moss <ram at rinconres.org>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <9C5A9CCC-8CA2-46AA-B42B-AA0DF8C95CDB at rinconres.org>
Content-Type: text/plain; charset="us-ascii"
It may be easier for seller to take back a long-term agricultural-style lease that provides for variable payments to new owner based on crop yields.
Roger A. Moss
Mediation Counsel
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconRes.org
Confidential Correspondence
The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.
> On Dec 14, 2020, at 1:49 PM, Inge Fordham <inge at fordhamlegal.com> wrote:
>
> Colleagues,
>?
> A PC contacted me with an interesting situation.? She has a waterfront house with tideland rights and a contract to sell shellfish.? She wishes to sell the property but retain the tideland rights and the contract.? Is this even possible?? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
>?
> Thanks in advance!
>?
>?
> <image001.png>
> Inge A. Fordham | Attorney
> Fordham Law, PLLC
> 3218 Sixth Avenue | Tacoma, WA 98406
> Office: (253) 348-2657 | Mobile: (206) 778-3131
> www.fordhamlegal.com <http://www.fordhamlegal.com/>
>?
> 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.
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp <http://mailman.fsr.com/mailman/listinfo/wsbarp>
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Message: 6
Date: Tue, 15 Dec 2020 06:49:23 -0800
From: "Rowley, Rob" <rob at rowleylegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
Message-ID:
??? <CAONTfDn68_pzUSad93ha3Kvaz9wHPOHA=aC0GHcf8u9Q8jRkbQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
As I tell my landlord clients we lawyers don't like guaranteeing anything
but there is one thing I will guarantee is that the Governor will extend
the moratorium sometime into 2021.
Also, I suspect that Pres. Biden (once in office) will also extend the
CDC moratorium which is scheduled to lapse on December 31 which is only for
nonpayment of rent.
You also have to look at your local county to see if they are part of the
Eviction Resolution Program.? Spokane County where I am based out of is a
part of the ERP and eventually once the moratorium is lifted we have to
participate in the program.
http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
Also, the upcoming legislative session has a number of bills which will be
filed which will essentially make it near impossible to evict a for rent
(or anything) anytime soon (month to month goes away for a while). Who
knows what actually will pass as law is a different question.? Two things
that you never want to see being made is sausage and law.
Summary:
https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
If I'm a betting man I would say the Legislature will pass some very tenant
friendly provisions tied to the governor lifting the moratorium.? In other
words, let the Legislature take the flak from those unpaid landlords.
Interesting times we live in.
Rob Rowley
Spokane
On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal <attorney at sangeetasaigal.com>
wrote:
> Hello Landlord Gurus,
>
>
>
> I understand that there is a moratorium against evictions until December 31
> st.
>
>
>
> According to how I understand the proclamation this moratorium applies to
> tenants who have lost their jobs or source of income related to Covid.
>
>
>
> Question:
>
>
>
> If a residential tenant has not lost their source of income ie. On govt
> assistance and they are not paying the rent does the moratorium against no
> eviction rule apply to them.
>
>
>
> How best to approach such tenant who seems to be taking advantage of the
> moratorium.
>
>
>
> Any advice would be really appreciated.
>
>
>
> Sangeeta
>
>
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
--
Robert R Rowley
Attorney & Counselor at Law
(509) 252-5074? (509) 994-1143
(509) 928-3084? rowleylegal.com <http://www.rowleylegal.com/>
rob at rowleylegal.com
Helping You Protect What Matters Most
<https://www.facebook.com/rowleylegal>
<https://www.twitter.com/ROBERTRROWLEY>
*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *
NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections. If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the message.
Thank you for your assistance. DISCLAIMER: You should recognize that
responses provided by e-mail means are akin to ordinary telephone or
face-to-face conversations and do not reflect the level of factual or legal
inquiry or analysis which would be applied in the case of a formal legal
opinion. A formal opinion may very well reach a different conclusion.
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------------------------------
Message: 7
Date: Tue, 15 Dec 2020 07:51:39 -0800 (PST)
From: Annie Fitzsimmons <atfitz at comcast.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, Roger
??? Moss <ram at rinconres.org>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <243823441.144523.1608047500266 at connect.xfinity.com>
Content-Type: text/plain; charset="utf-8"
I handled a transaction like this several years ago where the seller retained the right to proceeds from the crop that was planted and after that, had no ongoing rights in the tidelands or a shellfish lease.
Annette T. Fitzsimmons P.S.
P.O. Box 430
Belfair, WA 98528
>? ? On 12/15/2020 6:30 AM Roger Moss <ram at rinconres.org> wrote:
>? ? ?
>? ? ?
>? ? It may be easier for seller to take back a long-term agricultural-style lease that provides for variable payments to new owner based on crop yields.
>
>? ? Roger A. Moss
>? ? Mediation Counsel
>? ? Rincon Resolutions LLC
>? ? 206.790.1971 Seattle
>? ? 415.371.9724 San? Franciscohttp://RinconRes.org
>
>
>? ? Confidential Correspondence
>? ? The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.
>
>
>? ? ? ? > >? ? ? ? On Dec 14, 2020, at 1:49 PM, Inge Fordham < inge at fordhamlegal.com mailto:inge at fordhamlegal.com > wrote:
> >? ? ? ? Colleagues,
> >? ? ? ? ?
> >? ? ? ? A PC contacted me with an interesting situation.? She has a waterfront house with tideland rights and a contract to sell shellfish.? She wishes to sell the property but retain the tideland rights and the contract.? Is this even possible?? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
> >? ? ? ? ?
> >? ? ? ? Thanks in advance!
> >? ? ? ? ?
> >? ? ? ? ?
> >? ? ? ? <image001.png>
> >? ? ? ? Inge A. Fordham | Attorney
> >? ? ? ? Fordham Law, PLLC
> >? ? ? ? 3218 Sixth Avenue | Tacoma, WA 98406
> >? ? ? ? Office: (253) 348-2657 | Mobile: (206) 778-3131
> >? ? ? ? www.fordhamlegal.com http://www.fordhamlegal.com/
> >? ? ? ? ?
> >? ? ? ? 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.
> >? ? ? ? ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> >
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> >
> >? ? >
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Message: 8
Date: Tue, 15 Dec 2020 17:10:56 +0000
From: Jeremy <jeremy at basalt.legal>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Morgan Lawless <morgan at basalt.legal>
Subject: [WSBARP] i/s/o Responsive HI Real Property Attorney
Message-ID:
??? <MWHPR18MB1087031415E7AE1FEE697F7DB2C60 at MWHPR18MB1087.namprd18.prod.outlook.com>
???
Content-Type: text/plain; charset="us-ascii"
Any recommendations for a good Hawaii real estate attorney? Thanks!
Very truly yours,
Jeremy Scott Hyndman, Esq.
Managing Attorney
[Basalt Legal Logo]
6 1/2 N. 2nd Avenue, Suite 200
Walla Walla, WA 99362
T: 509.529.0630
F: 509.525.0630
www.basalt.legal<http://www.basalt.legal/>
The information contained in this message may be privileged and confidential, and is intended to be used only by the recipient or the recipient's authorized agent.? Any unauthorized use or distribution may be prohibited by law.? If you have received this message in error, please notify the sender and immediately delete the message, and any attachments, from your files.
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Message: 9
Date: Tue, 15 Dec 2020 09:50:45 -0800
From: Roger Moss <ram at rinconres.org>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP]? Landlord Question
Message-ID: <BF14D9C4-5E8E-4CCF-BD5F-5EC8BD4BEC14 at rinconres.org>
Content-Type: text/plain; charset="utf-8"
> How best to approach such tenant who seems to be taking advantage of the moratorium.
Sangeeta,
Possible answers depend on hearing information not in your question. And for the reasons Rob Rowley laid out this morning, ?approaches? at this time should be elliptical, grounded in sleuthing and soft skills, more than other things.
Consider consulting with a professional neutral experienced in tenant - landlord dispute navigation.
Roger A. Moss
Mediation Counsel
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconRes.org
Confidential Correspondence
The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.
> On Dec 14, 2020, at 9:22 PM, Sangeeta Saigal <attorney at sangeetasaigal.com> wrote:
>
> Hello Landlord Gurus,
>?
> I understand that there is a moratorium against evictions until December 31st.
>?
> According to how I understand the proclamation this moratorium applies to tenants who have lost their jobs or source of income related to Covid.? ?
>?
> Question:?
>?
> If a residential tenant has not lost their source of income ie. On govt assistance and they are not paying the rent does the moratorium against no eviction rule apply to them.
>?
> How best to approach such tenant who seems to be taking advantage of the moratorium.
>?
> Any advice would be really appreciated.
>?
> Sangeeta
>?
>?
>?
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
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Message: 10
Date: Tue, 15 Dec 2020 17:53:34 +0000
From: Kailei Feeney <kailei at westseattlelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID:
??? <MW3PR22MB2266ABE207CA70160FC36595A7C60 at MW3PR22MB2266.namprd22.prod.outlook.com>
???
Content-Type: text/plain; charset="utf-8"
Agreed ? it will depend on the parcels, a lot in our state have tidelands and adjacent property as separate TPNs. If so, then also ensuring your client has or creates a necessary grant of access prior to sale will likely be important.
Kailei
Kailei B. Feeney
Attorney-at-Law
[cid:image002.jpg at 01D6D2C8.256FBBA0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
For your planning, our office will be closed December 24, 25 and 31 and January 1, 4 and 5.
For the latest information regarding firm operations and precautions in light of the Coronavirus please visit our firm?s website: www.WestSeattleLaw.com<http://www.westseattlelaw.com/>.
Click here to connect with de Vrieze | Carney on Facebook:? [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.? If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, NO exchange of information by virtue of emails or communications will create any attorney client relationship, including any duty of confidentiality, between sender and/or recipient.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of mlstone at rockisland.com
Sent: Tuesday, December 15, 2020 3:52 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
If the tidelands are a separate tax parcel, and she is the owner of that tax parcel, then she can sell the uplands and retain ownership of the tidelands.
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 Inge Fordham
Sent: Monday, December 14, 2020 5:50 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Selling Property & Retaining Tideland Rights
Colleagues,
A PC contacted me with an interesting situation.? She has a waterfront house with tideland rights and a contract to sell shellfish.? She wishes to sell the property but retain the tideland rights and the contract.? Is this even possible?? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
Thanks in advance!
[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
www.fordhamlegal.com<http://www.fordhamlegal.com>
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.
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------------------------------
Message: 11
Date: Tue, 15 Dec 2020 18:04:18 +0000
From: Virginia Antipolo-Utt <virginia at aplawfirm.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] i/s/o Responsive HI Real Property Attorney
Message-ID:
??? <MWHPR04MB048123FBAE6E366A334287C0CBC60 at MWHPR04MB0481.namprd04.prod.outlook.com>
???
Content-Type: text/plain; charset="us-ascii"
Robert Triantos in Kailua Kona, HI.
Virginia C. Antipolo-Utt
Antipolo & Paul Law Firm, P.S.
2825 Colby Avenue, Suite 301
Everett, WA? 98201
(425) 303-9100, ext. 111
(425) 258-9685 (fax)
virginia at aplawfirm.com<mailto:virginia at aplawfirm.com>
_______________________________________
Under recently issued IRS regulations, we must inform you that any US tax advice contained in this message was not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law.? By regulation, a taxpayer cannot rely on professional advice to avoid federal tax penalties unless that advice is reflected in a comprehensive tax opinion that conforms to strict requirements.
_______________________________________
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeremy
Sent: Tuesday, December 15, 2020 9:11 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Morgan Lawless <morgan at basalt.legal>
Subject: [WSBARP] i/s/o Responsive HI Real Property Attorney
Any recommendations for a good Hawaii real estate attorney? Thanks!
Very truly yours,
Jeremy Scott Hyndman, Esq.
Managing Attorney
[Basalt Legal Logo]
6 1/2 N. 2nd Avenue, Suite 200
Walla Walla, WA 99362
T: 509.529.0630
F: 509.525.0630
www.basalt.legal<http://www.basalt.legal/>
The information contained in this message may be privileged and confidential, and is intended to be used only by the recipient or the recipient's authorized agent.? Any unauthorized use or distribution may be prohibited by law.? If you have received this message in error, please notify the sender and immediately delete the message, and any attachments, from your files.
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Message: 12
Date: Tue, 15 Dec 2020 18:53:07 +0000
From: Jennifer L White <jen at appletreelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
Message-ID:
??? <BYAPR14MB2613920276020C6EBEA55087C0C60 at BYAPR14MB2613.namprd14.prod.outlook.com>
???
Content-Type: text/plain; charset="utf-8"
Rob,
I?m curious if any of you LL/T gurus and/or real property litigators are considering filing some kind of action or class action on a constitutional takings basis? It seems to me that the government has turned private landlords into unwilling purveyors of public housing. All of these regulations/laws were hastily conceived and handed down by fiat. The result has been a tremendous and concentrated loss to private property owners. Perhaps it has to play out further? Have to wait to quantify the exact loss when the moratoriums end and you work through getting them out under all of these onerous ?drag it out? policies benefiting only tenants? We all know that deadbeat tenants are never going to pay up even a tiny fraction of what they owe. That is but a legal illusion of justice for the property owners.
Jennifer L. White, Esq.
[cid:image001.jpg at 01D6D2D0.781B64A0]
jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rowley, Rob
Sent: Tuesday, December 15, 2020 6:49 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
As I tell my landlord clients we lawyers don't like guaranteeing anything but there is one thing I will guarantee is that the Governor will extend the moratorium sometime into 2021.
Also, I suspect that Pres. Biden (once in office) will also extend the CDC moratorium which is scheduled to lapse on December 31 which is only for nonpayment of rent.
You also have to look at your local county to see if they are part of the Eviction Resolution Program.? Spokane County where I am based out of is a part of the ERP and eventually once the moratorium is lifted we have to participate in the program.
http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
Also, the upcoming legislative session has a number of bills which will be filed which will essentially make it near impossible to evict a for rent (or anything) anytime soon (month to month goes away for a while). Who knows what actually will pass as law is a different question.? Two things that you never want to see being made is sausage and law.
Summary:
https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
If I'm a betting man I would say the Legislature will pass some very tenant friendly provisions tied to the governor lifting the moratorium.? In other words, let the Legislature take the flak from those unpaid landlords.
Interesting times we live in.
Rob Rowley
Spokane
On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal <attorney at sangeetasaigal.com<mailto:attorney at sangeetasaigal.com>> wrote:
Hello Landlord Gurus,
I understand that there is a moratorium against evictions until December 31st.
According to how I understand the proclamation this moratorium applies to tenants who have lost their jobs or source of income related to Covid.
Question:
If a residential tenant has not lost their source of income ie. On govt assistance and they are not paying the rent does the moratorium against no eviction rule apply to them.
How best to approach such tenant who seems to be taking advantage of the moratorium.
Any advice would be really appreciated.
Sangeeta
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
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WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
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[https://i.ibb.co/zhtPrmq/photo.jpg]
Robert R Rowley
Attorney & Counselor at Law
[https://i.ibb.co/pQMswXQ/Phone.png] (509) 252-5074<tel:(509)+252-5074>? [https://i.postimg.cc/xTCwQ1Kt/mobile-black-icon.png]? (509) 994-1143<tel:(509)+994-1143>
[https://i.postimg.cc/8P0qzg4D/fax-black-icon.png] (509) 928-3084? [https://i.postimg.cc/bwS4GVVn/website-black-icon.png]? rowleylegal.com<http://www.rowleylegal.com/>
[https://i.ibb.co/YN4BQxt/mess.png] rob at rowleylegal.com<mailto:rob at rowleylegal.com>
Helping You Protect What Matters Most
[https://i.imgur.com/HdVhIRq.png]<https://www.facebook.com/rowleylegal>? [https://i.imgur.com/6ORQfXY.png] <https://www.twitter.com/ROBERTRROWLEY>
Practice concentrated on business, real estate and general legal matters in Washington and Idaho.
NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.
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***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
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End of WSBARP Digest, Vol 75, Issue 13
**************************************
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Message: 3
Date: Tue, 15 Dec 2020 19:13:57 +0000 (UTC)
From: Stephen Whitehouse <swhite8893 at aol.com>
To: "wsbarp-request at lists.wsbarppt.com"
<wsbarp-request at lists.wsbarppt.com>, "wsbarp at lists.wsbarppt.com"
<wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WSBARP Digest, Vol 75, Issue 13
Message-ID: <1715452463.1033863.1608059637879 at mail.yahoo.com>
Content-Type: text/plain; charset="utf-8"
Inge,? ? ?I agree with the idea of not selling the tidelands. You could give the buyer an easement to access the tidelands but specify they are not to interfere with the shellfish operations.? ? ?You do have to consider access to the tidelands, but it could be solely by water. You also need to understand where the tidelands begin and end. If the patent was issued after statehood, then the dividing line is ordinary high water. If before, it is the meander line. If your patent was issued after statehood, November of 1889, but within a few years of that, then you need to check further. The actual vesting date is the date of the receiver's receipt which can be obtained from the National Archives. If you need to locate the meander line, only a surveyor can tell you where it is, and is a more involved process, and more expensive, than a regular survey.??
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Tue, Dec 15, 2020 10:53 am
Subject: WSBARP Digest, Vol 75, Issue 13
Send WSBARP mailing list submissions to
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When replying, please edit your Subject line so it is more specific
than "Re: Contents of WSBARP digest..."
Today's Topics:
? 1. Selling Property & Retaining Tideland Rights (Inge Fordham)
? 2. PC - Social Security of Deceased sister (Kaitlyn Jackson)
? 3. Landlord Question (Sangeeta Saigal)
? 4. Re: Selling Property & Retaining Tideland Rights
? ? ? (mlstone at rockisland.com)
? 5. Re: Selling Property & Retaining Tideland Rights (Roger Moss)
? 6. Re: Landlord Question (Rowley, Rob)
? 7. Re: Selling Property & Retaining Tideland Rights
? ? ? (Annie Fitzsimmons)
? 8. i/s/o Responsive HI Real Property Attorney (Jeremy)
? 9.? Landlord Question (Roger Moss)
? 10. Re: Selling Property & Retaining Tideland Rights (Kailei Feeney)
? 11. Re: i/s/o Responsive HI Real Property Attorney
? ? ? (Virginia Antipolo-Utt)
? 12. Re: Landlord Question (Jennifer L White)
----------------------------------------------------------------------
Message: 1
Date: Mon, 14 Dec 2020 21:49:56 +0000
From: Inge Fordham <inge at fordhamlegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <391D151B-FF62-4ACB-9FA9-B559BE447859 at fordhamlegal.com>
Content-Type: text/plain; charset="utf-8"
Colleagues,
A PC contacted me with an interesting situation.? She has a waterfront house with tideland rights and a contract to sell shellfish.? She wishes to sell the property but retain the tideland rights and the contract.? Is this even possible?? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
Thanks in advance!
[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
www.fordhamlegal.com<http://www.fordhamlegal.com>
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.
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Message: 2
Date: Mon, 14 Dec 2020 16:55:01 -0800
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] PC - Social Security of Deceased sister
Message-ID:
??? <CAO+NF_7TGiZKHAz+sEUsBbESuQvP+3Pj2fYOrL0hNOc_UAk9yw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Listmates -
I think I need an Elder Law attorney but I'm not quite sure where to refer
out this case.
PC's sister passed away without a spouse, children, or a will. PC's brother
found out that her previous assisted living arrangement had collected about
10 social security checks and nobody knew they had them and they went
uncashed. They sent them back to social security and social security won't
release them to PC. There's also a bank account in deceased sister's name
that PC is trying to gain possession of. PC doesn't want assets to escheat
to the state.
Anyone want to check this out? I'll send all referrals (self-referrals
welcome).
--
Thank you,
Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com
Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.
--
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Message: 3
Date: Tue, 15 Dec 2020 05:22:29 +0000
From: Sangeeta Saigal <attorney at sangeetasaigal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Landlord Question
Message-ID: <9DCBC67B-D65F-4E33-B839-3B4731E1C60B at sangeetasaigal.com>
Content-Type: text/plain; charset="utf-8"
Hello Landlord Gurus,
I understand that there is a moratorium against evictions until December 31st.
According to how I understand the proclamation this moratorium applies to tenants who have lost their jobs or source of income related to Covid.
Question:
If a residential tenant has not lost their source of income ie. On govt assistance and they are not paying the rent does the moratorium against no eviction rule apply to them.
How best to approach such tenant who seems to be taking advantage of the moratorium.
Any advice would be really appreciated.
Sangeeta
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Message: 4
Date: Tue, 15 Dec 2020 07:51:49 -0400
From: <mlstone at rockisland.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <00ce01d6d2d8$ad062bc0$07128340$@rockisland.com>
Content-Type: text/plain; charset="utf-8"
If the tidelands are a separate tax parcel, and she is the owner of that tax parcel, then she can sell the uplands and retain ownership of the tidelands.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Monday, December 14, 2020 5:50 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Selling Property & Retaining Tideland Rights
Colleagues,
A PC contacted me with an interesting situation.? She has a waterfront house with tideland rights and a contract to sell shellfish.? She wishes to sell the property but retain the tideland rights and the contract.? Is this even possible?? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
Thanks in advance!
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com <http://www.fordhamlegal.com>?
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.
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Message: 5
Date: Tue, 15 Dec 2020 06:30:06 -0800
From: Roger Moss <ram at rinconres.org>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <9C5A9CCC-8CA2-46AA-B42B-AA0DF8C95CDB at rinconres.org>
Content-Type: text/plain; charset="us-ascii"
It may be easier for seller to take back a long-term agricultural-style lease that provides for variable payments to new owner based on crop yields.
Roger A. Moss
Mediation Counsel
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconRes.org
Confidential Correspondence
The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.
> On Dec 14, 2020, at 1:49 PM, Inge Fordham <inge at fordhamlegal.com> wrote:
>
> Colleagues,
>?
> A PC contacted me with an interesting situation.? She has a waterfront house with tideland rights and a contract to sell shellfish.? She wishes to sell the property but retain the tideland rights and the contract.? Is this even possible?? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
>?
> Thanks in advance!
>?
>?
> <image001.png>
> Inge A. Fordham | Attorney
> Fordham Law, PLLC
> 3218 Sixth Avenue | Tacoma, WA 98406
> Office: (253) 348-2657 | Mobile: (206) 778-3131
> www.fordhamlegal.com <http://www.fordhamlegal.com/>
>?
> 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.
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp <http://mailman.fsr.com/mailman/listinfo/wsbarp>
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Message: 6
Date: Tue, 15 Dec 2020 06:49:23 -0800
From: "Rowley, Rob" <rob at rowleylegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
Message-ID:
??? <CAONTfDn68_pzUSad93ha3Kvaz9wHPOHA=aC0GHcf8u9Q8jRkbQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
As I tell my landlord clients we lawyers don't like guaranteeing anything
but there is one thing I will guarantee is that the Governor will extend
the moratorium sometime into 2021.
Also, I suspect that Pres. Biden (once in office) will also extend the
CDC moratorium which is scheduled to lapse on December 31 which is only for
nonpayment of rent.
You also have to look at your local county to see if they are part of the
Eviction Resolution Program.? Spokane County where I am based out of is a
part of the ERP and eventually once the moratorium is lifted we have to
participate in the program.
http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
Also, the upcoming legislative session has a number of bills which will be
filed which will essentially make it near impossible to evict a for rent
(or anything) anytime soon (month to month goes away for a while). Who
knows what actually will pass as law is a different question.? Two things
that you never want to see being made is sausage and law.
Summary:
https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
If I'm a betting man I would say the Legislature will pass some very tenant
friendly provisions tied to the governor lifting the moratorium.? In other
words, let the Legislature take the flak from those unpaid landlords.
Interesting times we live in.
Rob Rowley
Spokane
On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal <attorney at sangeetasaigal.com>
wrote:
> Hello Landlord Gurus,
>
>
>
> I understand that there is a moratorium against evictions until December 31
> st.
>
>
>
> According to how I understand the proclamation this moratorium applies to
> tenants who have lost their jobs or source of income related to Covid.
>
>
>
> Question:
>
>
>
> If a residential tenant has not lost their source of income ie. On govt
> assistance and they are not paying the rent does the moratorium against no
> eviction rule apply to them.
>
>
>
> How best to approach such tenant who seems to be taking advantage of the
> moratorium.
>
>
>
> Any advice would be really appreciated.
>
>
>
> Sangeeta
>
>
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
--
Robert R Rowley
Attorney & Counselor at Law
(509) 252-5074? (509) 994-1143
(509) 928-3084? rowleylegal.com <http://www.rowleylegal.com/>
rob at rowleylegal.com
Helping You Protect What Matters Most
<https://www.facebook.com/rowleylegal>
<https://www.twitter.com/ROBERTRROWLEY>
*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *
NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
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message in error, please notify the sender and promptly delete the message.
Thank you for your assistance. DISCLAIMER: You should recognize that
responses provided by e-mail means are akin to ordinary telephone or
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inquiry or analysis which would be applied in the case of a formal legal
opinion. A formal opinion may very well reach a different conclusion.
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Message: 7
Date: Tue, 15 Dec 2020 07:51:39 -0800 (PST)
From: Annie Fitzsimmons <atfitz at comcast.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, Roger
??? Moss <ram at rinconres.org>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <243823441.144523.1608047500266 at connect.xfinity.com>
Content-Type: text/plain; charset="utf-8"
I handled a transaction like this several years ago where the seller retained the right to proceeds from the crop that was planted and after that, had no ongoing rights in the tidelands or a shellfish lease.
Annette T. Fitzsimmons P.S.
P.O. Box 430
Belfair, WA 98528
>? ? On 12/15/2020 6:30 AM Roger Moss <ram at rinconres.org> wrote:
>? ? ?
>? ? ?
>? ? It may be easier for seller to take back a long-term agricultural-style lease that provides for variable payments to new owner based on crop yields.
>
>? ? Roger A. Moss
>? ? Mediation Counsel
>? ? Rincon Resolutions LLC
>? ? 206.790.1971 Seattle
>? ? 415.371.9724 San? Franciscohttp://RinconRes.org
>
>
>? ? Confidential Correspondence
>? ? The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.
>
>
>? ? ? ? > >? ? ? ? On Dec 14, 2020, at 1:49 PM, Inge Fordham < inge at fordhamlegal.com mailto:inge at fordhamlegal.com > wrote:
> >? ? ? ? Colleagues,
> >? ? ? ? ?
> >? ? ? ? A PC contacted me with an interesting situation.? She has a waterfront house with tideland rights and a contract to sell shellfish.? She wishes to sell the property but retain the tideland rights and the contract.? Is this even possible?? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
> >? ? ? ? ?
> >? ? ? ? Thanks in advance!
> >? ? ? ? ?
> >? ? ? ? ?
> >? ? ? ? <image001.png>
> >? ? ? ? Inge A. Fordham | Attorney
> >? ? ? ? Fordham Law, PLLC
> >? ? ? ? 3218 Sixth Avenue | Tacoma, WA 98406
> >? ? ? ? Office: (253) 348-2657 | Mobile: (206) 778-3131
> >? ? ? ? www.fordhamlegal.com http://www.fordhamlegal.com/
> >? ? ? ? ?
> >? ? ? ? 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.
> >? ? ? ? ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> >
> >? ? ? ? _______________________________________________
> >? ? ? ? WSBARP mailing list
> >? ? ? ? WSBARP at lists.wsbarppt.com mailto:WSBARP at lists.wsbarppt.com
> >? ? ? ? http://mailman.fsr.com/mailman/listinfo/wsbarp
> >
> >? ? >
>? ? ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
>? ? _______________________________________________
>? ? WSBARP mailing list
>? ? WSBARP at lists.wsbarppt.com
>? ? http://mailman.fsr.com/mailman/listinfo/wsbarp
>
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Message: 8
Date: Tue, 15 Dec 2020 17:10:56 +0000
From: Jeremy <jeremy at basalt.legal>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Morgan Lawless <morgan at basalt.legal>
Subject: [WSBARP] i/s/o Responsive HI Real Property Attorney
Message-ID:
??? <MWHPR18MB1087031415E7AE1FEE697F7DB2C60 at MWHPR18MB1087.namprd18.prod.outlook.com>
???
Content-Type: text/plain; charset="us-ascii"
Any recommendations for a good Hawaii real estate attorney? Thanks!
Very truly yours,
Jeremy Scott Hyndman, Esq.
Managing Attorney
[Basalt Legal Logo]
6 1/2 N. 2nd Avenue, Suite 200
Walla Walla, WA 99362
T: 509.529.0630
F: 509.525.0630
www.basalt.legal<http://www.basalt.legal/>
The information contained in this message may be privileged and confidential, and is intended to be used only by the recipient or the recipient's authorized agent.? Any unauthorized use or distribution may be prohibited by law.? If you have received this message in error, please notify the sender and immediately delete the message, and any attachments, from your files.
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Message: 9
Date: Tue, 15 Dec 2020 09:50:45 -0800
From: Roger Moss <ram at rinconres.org>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP]? Landlord Question
Message-ID: <BF14D9C4-5E8E-4CCF-BD5F-5EC8BD4BEC14 at rinconres.org>
Content-Type: text/plain; charset="utf-8"
> How best to approach such tenant who seems to be taking advantage of the moratorium.
Sangeeta,
Possible answers depend on hearing information not in your question. And for the reasons Rob Rowley laid out this morning, ?approaches? at this time should be elliptical, grounded in sleuthing and soft skills, more than other things.
Consider consulting with a professional neutral experienced in tenant - landlord dispute navigation.
Roger A. Moss
Mediation Counsel
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconRes.org
Confidential Correspondence
The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.
> On Dec 14, 2020, at 9:22 PM, Sangeeta Saigal <attorney at sangeetasaigal.com> wrote:
>
> Hello Landlord Gurus,
>?
> I understand that there is a moratorium against evictions until December 31st.
>?
> According to how I understand the proclamation this moratorium applies to tenants who have lost their jobs or source of income related to Covid.? ?
>?
> Question:?
>?
> If a residential tenant has not lost their source of income ie. On govt assistance and they are not paying the rent does the moratorium against no eviction rule apply to them.
>?
> How best to approach such tenant who seems to be taking advantage of the moratorium.
>?
> Any advice would be really appreciated.
>?
> Sangeeta
>?
>?
>?
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp <http://mailman.fsr.com/mailman/listinfo/wsbarp>
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Message: 10
Date: Tue, 15 Dec 2020 17:53:34 +0000
From: Kailei Feeney <kailei at westseattlelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID:
??? <MW3PR22MB2266ABE207CA70160FC36595A7C60 at MW3PR22MB2266.namprd22.prod.outlook.com>
???
Content-Type: text/plain; charset="utf-8"
Agreed ? it will depend on the parcels, a lot in our state have tidelands and adjacent property as separate TPNs. If so, then also ensuring your client has or creates a necessary grant of access prior to sale will likely be important.
Kailei
Kailei B. Feeney
Attorney-at-Law
[cid:image002.jpg at 01D6D2C8.256FBBA0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
For your planning, our office will be closed December 24, 25 and 31 and January 1, 4 and 5.
For the latest information regarding firm operations and precautions in light of the Coronavirus please visit our firm?s website: www.WestSeattleLaw.com<http://www.westseattlelaw.com/>.
Click here to connect with de Vrieze | Carney on Facebook:? [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.? If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, NO exchange of information by virtue of emails or communications will create any attorney client relationship, including any duty of confidentiality, between sender and/or recipient.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of mlstone at rockisland.com
Sent: Tuesday, December 15, 2020 3:52 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
If the tidelands are a separate tax parcel, and she is the owner of that tax parcel, then she can sell the uplands and retain ownership of the tidelands.
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 Inge Fordham
Sent: Monday, December 14, 2020 5:50 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Selling Property & Retaining Tideland Rights
Colleagues,
A PC contacted me with an interesting situation.? She has a waterfront house with tideland rights and a contract to sell shellfish.? She wishes to sell the property but retain the tideland rights and the contract.? Is this even possible?? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
Thanks in advance!
[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
www.fordhamlegal.com<http://www.fordhamlegal.com>
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.
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Message: 11
Date: Tue, 15 Dec 2020 18:04:18 +0000
From: Virginia Antipolo-Utt <virginia at aplawfirm.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] i/s/o Responsive HI Real Property Attorney
Message-ID:
??? <MWHPR04MB048123FBAE6E366A334287C0CBC60 at MWHPR04MB0481.namprd04.prod.outlook.com>
???
Content-Type: text/plain; charset="us-ascii"
Robert Triantos in Kailua Kona, HI.
Virginia C. Antipolo-Utt
Antipolo & Paul Law Firm, P.S.
2825 Colby Avenue, Suite 301
Everett, WA? 98201
(425) 303-9100, ext. 111
(425) 258-9685 (fax)
virginia at aplawfirm.com<mailto:virginia at aplawfirm.com>
_______________________________________
Under recently issued IRS regulations, we must inform you that any US tax advice contained in this message was not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law.? By regulation, a taxpayer cannot rely on professional advice to avoid federal tax penalties unless that advice is reflected in a comprehensive tax opinion that conforms to strict requirements.
_______________________________________
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeremy
Sent: Tuesday, December 15, 2020 9:11 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Morgan Lawless <morgan at basalt.legal>
Subject: [WSBARP] i/s/o Responsive HI Real Property Attorney
Any recommendations for a good Hawaii real estate attorney? Thanks!
Very truly yours,
Jeremy Scott Hyndman, Esq.
Managing Attorney
[Basalt Legal Logo]
6 1/2 N. 2nd Avenue, Suite 200
Walla Walla, WA 99362
T: 509.529.0630
F: 509.525.0630
www.basalt.legal<http://www.basalt.legal/>
The information contained in this message may be privileged and confidential, and is intended to be used only by the recipient or the recipient's authorized agent.? Any unauthorized use or distribution may be prohibited by law.? If you have received this message in error, please notify the sender and immediately delete the message, and any attachments, from your files.
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Message: 12
Date: Tue, 15 Dec 2020 18:53:07 +0000
From: Jennifer L White <jen at appletreelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
Message-ID:
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???
Content-Type: text/plain; charset="utf-8"
Rob,
I?m curious if any of you LL/T gurus and/or real property litigators are considering filing some kind of action or class action on a constitutional takings basis? It seems to me that the government has turned private landlords into unwilling purveyors of public housing. All of these regulations/laws were hastily conceived and handed down by fiat. The result has been a tremendous and concentrated loss to private property owners. Perhaps it has to play out further? Have to wait to quantify the exact loss when the moratoriums end and you work through getting them out under all of these onerous ?drag it out? policies benefiting only tenants? We all know that deadbeat tenants are never going to pay up even a tiny fraction of what they owe. That is but a legal illusion of justice for the property owners.
Jennifer L. White, Esq.
[cid:image001.jpg at 01D6D2D0.781B64A0]
jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rowley, Rob
Sent: Tuesday, December 15, 2020 6:49 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
As I tell my landlord clients we lawyers don't like guaranteeing anything but there is one thing I will guarantee is that the Governor will extend the moratorium sometime into 2021.
Also, I suspect that Pres. Biden (once in office) will also extend the CDC moratorium which is scheduled to lapse on December 31 which is only for nonpayment of rent.
You also have to look at your local county to see if they are part of the Eviction Resolution Program.? Spokane County where I am based out of is a part of the ERP and eventually once the moratorium is lifted we have to participate in the program.
http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
Also, the upcoming legislative session has a number of bills which will be filed which will essentially make it near impossible to evict a for rent (or anything) anytime soon (month to month goes away for a while). Who knows what actually will pass as law is a different question.? Two things that you never want to see being made is sausage and law.
Summary:
https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
If I'm a betting man I would say the Legislature will pass some very tenant friendly provisions tied to the governor lifting the moratorium.? In other words, let the Legislature take the flak from those unpaid landlords.
Interesting times we live in.
Rob Rowley
Spokane
On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal <attorney at sangeetasaigal.com<mailto:attorney at sangeetasaigal.com>> wrote:
Hello Landlord Gurus,
I understand that there is a moratorium against evictions until December 31st.
According to how I understand the proclamation this moratorium applies to tenants who have lost their jobs or source of income related to Covid.
Question:
If a residential tenant has not lost their source of income ie. On govt assistance and they are not paying the rent does the moratorium against no eviction rule apply to them.
How best to approach such tenant who seems to be taking advantage of the moratorium.
Any advice would be really appreciated.
Sangeeta
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
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WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
--
[https://i.ibb.co/zhtPrmq/photo.jpg]
Robert R Rowley
Attorney & Counselor at Law
[https://i.ibb.co/pQMswXQ/Phone.png] (509) 252-5074<tel:(509)+252-5074>? [https://i.postimg.cc/xTCwQ1Kt/mobile-black-icon.png]? (509) 994-1143<tel:(509)+994-1143>
[https://i.postimg.cc/8P0qzg4D/fax-black-icon.png] (509) 928-3084? [https://i.postimg.cc/bwS4GVVn/website-black-icon.png]? rowleylegal.com<http://www.rowleylegal.com/>
[https://i.ibb.co/YN4BQxt/mess.png] rob at rowleylegal.com<mailto:rob at rowleylegal.com>
Helping You Protect What Matters Most
[https://i.imgur.com/HdVhIRq.png]<https://www.facebook.com/rowleylegal>? [https://i.imgur.com/6ORQfXY.png] <https://www.twitter.com/ROBERTRROWLEY>
Practice concentrated on business, real estate and general legal matters in Washington and Idaho.
NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.
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------------------------------
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBARP mailing list
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End of WSBARP Digest, Vol 75, Issue 13
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Message: 4
Date: Tue, 15 Dec 2020 11:14:42 -0800
From: Rob Rowley <rob at rowleylegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
Message-ID: <b3a1ff388200c438deef7baf21a906d4 at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
As a lowly dirt attorney a little bit beyond my pay grade.
My observation is that regulatory taking and substantive due process for
landlords is largely dead in Washington state (unless you are a tenant)
after the Yim I and Yim II (2019) cases. There was an excellent article
about those cases in the RPPT newsletter.
Just wait till rent control (aka ?housing stability?) steamrolls through
not this session but probably the following legislative session.
What say wiser counsel?
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Jennifer L White
*Sent:* Tuesday, December 15, 2020 10:53 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Landlord Question
Rob,
I?m curious if any of you LL/T gurus and/or real property litigators are
considering filing some kind of action or class action on a constitutional
takings basis? It seems to me that the government has turned private
landlords into unwilling purveyors of public housing. All of these
regulations/laws were hastily conceived and handed down by fiat. The result
has been a tremendous and concentrated loss to private property owners.
Perhaps it has to play out further? Have to wait to quantify the exact loss
when the moratoriums end and you work through getting them out under all of
these onerous ?drag it out? policies benefiting only tenants? We all know
that deadbeat tenants are never going to pay up even a tiny fraction of
what they owe. That is but a legal illusion of justice for the property
owners.
Jennifer L. White, Esq.
jen at appletreelaw.com
PO Box 11037
Yakima, WA 98909
509.225.9813
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Rowley, Rob
*Sent:* Tuesday, December 15, 2020 6:49 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Landlord Question
As I tell my landlord clients we lawyers don't like guaranteeing anything
but there is one thing I will guarantee is that the Governor will extend
the moratorium sometime into 2021.
Also, I suspect that Pres. Biden (once in office) will also extend the
CDC moratorium which is scheduled to lapse on December 31 which is only for
nonpayment of rent.
You also have to look at your local county to see if they are part of the
Eviction Resolution Program. Spokane County where I am based out of is a
part of the ERP and eventually once the moratorium is lifted we have to
participate in the program.
http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
Also, the upcoming legislative session has a number of bills which will be
filed which will essentially make it near impossible to evict a for rent
(or anything) anytime soon (month to month goes away for a while). Who
knows what actually will pass as law is a different question. Two things
that you never want to see being made is sausage and law.
Summary:
https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
If I'm a betting man I would say the Legislature will pass some very tenant
friendly provisions tied to the governor lifting the moratorium. In other
words, let the Legislature take the flak from those unpaid landlords.
Interesting times we live in.
Rob Rowley
Spokane
On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal <attorney at sangeetasaigal.com>
wrote:
Hello Landlord Gurus,
I understand that there is a moratorium against evictions until December 31
st.
According to how I understand the proclamation this moratorium applies to
tenants who have lost their jobs or source of income related to Covid.
Question:
If a residential tenant has not lost their source of income ie. On govt
assistance and they are not paying the rent does the moratorium against no
eviction rule apply to them.
How best to approach such tenant who seems to be taking advantage of the
moratorium.
Any advice would be really appreciated.
Sangeeta
***Disclaimer: Please note that RPPT listserv participation is not
restricted to practicing attorneys and may include non-practicing
attorneys, law students, professionals working in related fields, and
others.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
--
*Robert R Rowley*
Attorney & Counselor at Law
(509) 252-5074 (509) 994-1143
(509) 928-3084 rowleylegal.com <http://www.rowleylegal.com/>
rob at rowleylegal.com
Helping You Protect What Matters Most
<https://www.facebook.com/rowleylegal>
<https://www.twitter.com/ROBERTRROWLEY>
*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *
NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections. If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the message.
Thank you for your assistance. DISCLAIMER: You should recognize that
responses provided by e-mail means are akin to ordinary telephone or
face-to-face conversations and do not reflect the level of factual or legal
inquiry or analysis which would be applied in the case of a formal legal
opinion. A formal opinion may very well reach a different conclusion.
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------------------------------
Message: 5
Date: Tue, 15 Dec 2020 19:34:28 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
Message-ID:
<MW3PR12MB4346B80C6F3D229D309FE98CAEC60 at MW3PR12MB4346.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
There was a case filed that I believe was thrown out. Judge ruled that the landlord was not denied rent, just delayed in collecting it. Yeah right we will never see it. I think there is another case right now with Plaintiffs out of Yakima. Not sure the status of that. May have been brought in Federal Court.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of K. Garl Long
Sent: Tuesday, December 15, 2020 11:07 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Jennifer L White <jen at appletreelaw.com>
Subject: Re: [WSBARP] Landlord Question
Yes, where are the lawyers defending the right to contract? (Or, yea, my law professor said that somehow that disappeared from the constitution.)
K. Garl Long
On 12/15/2020 10:53 AM, Jennifer L White wrote:
Rob,
I?m curious if any of you LL/T gurus and/or real property litigators are considering filing some kind of action or class action on a constitutional takings basis? It seems to me that the government has turned private landlords into unwilling purveyors of public housing. All of these regulations/laws were hastily conceived and handed down by fiat. The result has been a tremendous and concentrated loss to private property owners. Perhaps it has to play out further? Have to wait to quantify the exact loss when the moratoriums end and you work through getting them out under all of these onerous ?drag it out? policies benefiting only tenants? We all know that deadbeat tenants are never going to pay up even a tiny fraction of what they owe. That is but a legal illusion of justice for the property owners.
Jennifer L. White, Esq.
[cid:image002.jpg at 01D6D2D6.3E46CCF0]
jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813
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 Rowley, Rob
Sent: Tuesday, December 15, 2020 6:49 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
As I tell my landlord clients we lawyers don't like guaranteeing anything but there is one thing I will guarantee is that the Governor will extend the moratorium sometime into 2021.
Also, I suspect that Pres. Biden (once in office) will also extend the CDC moratorium which is scheduled to lapse on December 31 which is only for nonpayment of rent.
You also have to look at your local county to see if they are part of the Eviction Resolution Program. Spokane County where I am based out of is a part of the ERP and eventually once the moratorium is lifted we have to participate in the program.
http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
Also, the upcoming legislative session has a number of bills which will be filed which will essentially make it near impossible to evict a for rent (or anything) anytime soon (month to month goes away for a while). Who knows what actually will pass as law is a different question. Two things that you never want to see being made is sausage and law.
Summary:
https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
If I'm a betting man I would say the Legislature will pass some very tenant friendly provisions tied to the governor lifting the moratorium. In other words, let the Legislature take the flak from those unpaid landlords.
Interesting times we live in.
Rob Rowley
Spokane
On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal <attorney at sangeetasaigal.com<mailto:attorney at sangeetasaigal.com>> wrote:
Hello Landlord Gurus,
I understand that there is a moratorium against evictions until December 31st.
According to how I understand the proclamation this moratorium applies to tenants who have lost their jobs or source of income related to Covid.
Question:
If a residential tenant has not lost their source of income ie. On govt assistance and they are not paying the rent does the moratorium against no eviction rule apply to them.
How best to approach such tenant who seems to be taking advantage of the moratorium.
Any advice would be really appreciated.
Sangeeta
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
--
[https://i.ibb.co/zhtPrmq/photo.jpg]
Robert R Rowley
Attorney & Counselor at Law
[https://i.ibb.co/pQMswXQ/Phone.png] (509) 252-5074<tel:%28509%29+252-5074> [https://i.postimg.cc/xTCwQ1Kt/mobile-black-icon.png] (509) 994-1143<tel:%28509%29+994-1143>
[https://i.postimg.cc/8P0qzg4D/fax-black-icon.png] (509) 928-3084 [https://i.postimg.cc/bwS4GVVn/website-black-icon.png] rowleylegal.com<http://www.rowleylegal.com/>
[https://i.ibb.co/YN4BQxt/mess.png] rob at rowleylegal.com<mailto:rob at rowleylegal.com>
Helping You Protect What Matters Most
[https://i.imgur.com/HdVhIRq.png]<https://www.facebook.com/rowleylegal> [https://i.imgur.com/6ORQfXY.png] <https://www.twitter.com/ROBERTRROWLEY>
Practice concentrated on business, real estate and general legal matters in Washington and Idaho.
NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
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------------------------------
Message: 6
Date: Tue, 15 Dec 2020 19:40:20 +0000
From: Timothy Lehr <timothy at stileslaw.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WSBARP Digest, Vol 75, Issue 13
Message-ID:
<DM5PR22MB0074F42E572C2F7493F4DD1CA1C60 at DM5PR22MB0074.namprd22.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Sangeeta,
I have a number of clients calling me wanting to file evictions on tenants who have not been effected by COVID. From my reading of the moratorium, nothing in the order actually states that the tenant must show that they have been effected by COVID. However, the "WHEREAS's" certainly list COVID as the reasoning behind the moratorium, but I still don't see any requirement that tenant has to prove anything. It reads as a blanket moratorium on evictions.
Say your tenant is up to date on rent, but otherwise in default of their lease agreement. I don't see a way to evict under the order, aside from the exceptions for immediate and significant threats to health, safety or property of others OR LL's intent to sell or occupy.
Needless to say, I have real problems with the language of this order. Hopefully any extensions will actually address a tenant's burden to show they have been effected.
There have been lawsuits filed against the Governor, most recently in Lewis County. The Washington Landlord Association joined as a party. Below is a link to their website which has a PDF of the complaint. I believe there are also complaints filed in King and Pierce Counties. I'm very interested to see how those play out. But, I agree with others that the moratorium will not be lifted anytime soon and there will likely be legislation to further increase tenant rights before the moratorium is lifted. I'm afraid legitimate evictions will be increasingly difficult to pursue from here on out.
https://www.walandlord.org/
My 2 cents.
Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.
p: 360.855.0131
e: timothy at stileslaw.com
w: www.stileslaw.com
NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.
-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of wsbarp-request at lists.wsbarppt.com
Sent: Tuesday, December 15, 2020 10:53 AM
To: wsbarp at lists.wsbarppt.com
Subject: WSBARP Digest, Vol 75, Issue 13
Send WSBARP mailing list submissions to
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End of WSBARP Digest, Vol 75, Issue 14
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