[WSBARP] WSBARP Digest, Vol 74, Issue 9
Stephen Whitehouse
swhite8893 at aol.com
Thu Nov 12 14:53:08 PST 2020
Anthony, Is there any thing that would give a NC court jurisdiction for the primary action? If not, then you may need to file here. You may also want to get a NC attorney on board to see what they can do while things arepending here, if you can do a pre-judgment attachment. In terms of serving him, if you could get him to accept or give you a DOT on the NC property, that would be great. Odds are, that is not going to happen. Service of process in a foreign country is governed by treaty. Many are governed by the Hague Convention but I have no idea about India. There are companies that specialize in knowing what to do. Spending $2,000 to serve process on thisguy would not be a surprise.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
-----Original Message-----
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Subject: WSBARP Digest, Vol 74, Issue 9
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Today's Topics:
1. Promissory note question (Anthony Gibbs)
2. Re: Promissory note question (Gregory L. Ursich)
3. Re: Promissory note question (Douglas Scott)
4. Re: Promissory note question (Paul Drayna)
5. Re: Promissory note question (Kary Krismer)
6. Re: Promissory note question (Dwight Bickel)
7. 60 Day Notice supplemental? (Timothy Lehr)
----------------------------------------------------------------------
Message: 1
Date: Wed, 11 Nov 2020 22:00:29 +0000
From: Anthony Gibbs <anthony at sounderlaw.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Promissory note question
Message-ID: <C26FF4B6-1C0B-4307-8A3E-73AF91FCE486 at sounderlaw.com>
Content-Type: text/plain; charset="utf-8"
Bar exam fact pattern time:
PC/creditor issued a promissory note to a ?friend?/debtor of his here in Washington, $100,000. Creditor is here, debtor has moved to India. Debtor has a home in North Carolina which is currently on the market but has not yet sold. Debtor has not paid on the promissory note and keeps telling PC ?I?ll pay you next week.?
The NC house is the only US asset of debtor, so we need to stop that sale. Can we file here on the promissory note, and send notice of intent to lien to escrow company (or realtor?) in NC while we try to serve OP in India? Creditor has debtor?s office address in India (at least he believes he does) so there is a chance we could get him served.
Any thoughts or lead are most appreciated.
Anthony F. Gibbs, Esq.
Sounder Law PLLC
(206) 734-4374 [P]
(206) 212-7825 [F]
anthony at sounderlaw.com<mailto:anthony at sounderlaw.com>
sounderlaw.com
22014 7th Ave South, Suite 106
Des Moines, WA 98198
15600 Redmond Way, Suite 101
Redmond, WA 98052
**[IN-PERSON MEETINGS BY APPOINTMENT ONLY DUE TO COVID-19 AND AN ABUNDANCE OF CAUTION]**
If you received this email by accident or by some other mistake, please immediately delete it and forget anything you might have read in it, which are probably all just lies anyway. Thank you. I?d also appreciate you notifying me of the error.
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Message: 2
Date: Wed, 11 Nov 2020 22:24:32 +0000
From: "Gregory L. Ursich" <gursich at insleebest.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Promissory note question
Message-ID:
<MWHPR17MB1119A90192A091462AF6DF98DCE80 at MWHPR17MB1119.namprd17.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
I would file suit in North Carolina where property is and get a judgment as fast as possible. You will need to attempt service in India, and use the North Carolina Long-arm statute.
[cid:image003.jpg at 01D6B836.43B330D0]
Gregory L. Ursich
Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
vCard<http://www.insleebest.com/uploads/vcards/gursich.vcf> | website<http://www.insleebest.com/> | gursich at insleebest.com<mailto:gursich at insleebest.com>
This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please immediately return it to the sender. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Anthony Gibbs
Sent: Wednesday, November 11, 2020 2:00 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Promissory note question
Bar exam fact pattern time:
PC/creditor issued a promissory note to a ?friend?/debtor of his here in Washington, $100,000. Creditor is here, debtor has moved to India. Debtor has a home in North Carolina which is currently on the market but has not yet sold. Debtor has not paid on the promissory note and keeps telling PC ?I?ll pay you next week.?
The NC house is the only US asset of debtor, so we need to stop that sale. Can we file here on the promissory note, and send notice of intent to lien to escrow company (or realtor?) in NC while we try to serve OP in India? Creditor has debtor?s office address in India (at least he believes he does) so there is a chance we could get him served.
Any thoughts or lead are most appreciated.
Anthony F. Gibbs, Esq.
Sounder Law PLLC
(206) 734-4374 [P]
(206) 212-7825 [F]
anthony at sounderlaw.com<mailto:anthony at sounderlaw.com>
sounderlaw.com
22014 7th Ave South, Suite 106
Des Moines, WA 98198
15600 Redmond Way, Suite 101
Redmond, WA 98052
**[IN-PERSON MEETINGS BY APPOINTMENT ONLY DUE TO COVID-19 AND AN ABUNDANCE OF CAUTION]**
If you received this email by accident or by some other mistake, please immediately delete it and forget anything you might have read in it, which are probably all just lies anyway. Thank you. I?d also appreciate you notifying me of the error.
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Message: 3
Date: Wed, 11 Nov 2020 15:07:52 -0800
From: Douglas Scott <doug at rainieradvocates.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Promissory note question
Message-ID:
<CANnLPWCDOC_Ng6kFtXQWRH07MqOj86Z-j73+h06HGj21ojrjAg at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Since they are friends, has the creditor approached the debtor about
signing a lien or other document to assure that he will be paid out of the
proceeds of sale.
Alternatively, North Carolina may have a prejudgment proceeding (similar to
our prejudgment attachment) where the creditor might be able to encumber
the property or tie up closing funds as part of his immediately filed
litigation.
*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC
465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)
www.rainieradvocates.com
Notice: This communication, including attachments, may contain information
that is confidential and protected by the attorney/client or other
privileges. It constitutes non-public information intended to be conveyed
only to the designated recipient(s). If the reader or recipient of this
communication is not the intended recipient, an employee or agent of the
intended recipient who is responsible for delivering it to the intended
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error, please notify the sender immediately by return e-mail and promptly
delete this e-mail, including attachments without reading or saving them in
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be unlawful. Receipt by anyone other than the intended recipient(s) is not
a waiver of any attorney/client or other privilege
On Wed, Nov 11, 2020 at 2:27 PM Gregory L. Ursich <gursich at insleebest.com>
wrote:
> I would file suit in North Carolina where property is and get a judgment
> as fast as possible. You will need to attempt service in India, and use
> the North Carolina Long-arm statute.
>
>
>
> *Gregory L. Ursich *
>
> Shareholder
>
> Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
>
> P: 425.450.4258 | F: 425.635.7720
>
> *vCard <http://www.insleebest.com/uploads/vcards/gursich.vcf>* | *website
> <http://www.insleebest.com/>* | *gursich at insleebest.com
> <gursich at insleebest.com>*
>
>
>
> This electronic mail transmission is privileged and confidential and is
> intended only for the review of the party to whom it is addressed. If you
> have received this transmission in error, please immediately return it to
> the sender. Unintended transmission shall not constitute waiver of the
> attorney-client or any other privilege.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Anthony Gibbs
> *Sent:* Wednesday, November 11, 2020 2:00 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] Promissory note question
>
>
>
> Bar exam fact pattern time:
>
>
>
> PC/creditor issued a promissory note to a ?friend?/debtor of his here in
> Washington, $100,000. Creditor is here, debtor has moved to India. Debtor
> has a home in North Carolina which is currently on the market but has not
> yet sold. Debtor has not paid on the promissory note and keeps telling PC
> ?I?ll pay you next week.?
>
>
>
> The NC house is the only US asset of debtor, so we need to stop that sale.
> Can we file here on the promissory note, and send notice of intent to lien
> to escrow company (or realtor?) in NC while we try to serve OP in India?
> Creditor has debtor?s office address in India (at least he believes he
> does) so there is a chance we could get him served.
>
>
>
> Any thoughts or lead are most appreciated.
>
>
>
> Anthony F. Gibbs, Esq.
>
> Sounder Law PLLC
>
>
>
> (206) 734-4374 [P]
>
> (206) 212-7825 [F]
>
> anthony at sounderlaw.com
>
> sounderlaw.com
>
>
>
> 22014 7th Ave South, Suite 106
>
> Des Moines, WA 98198
>
>
>
> 15600 Redmond Way, Suite 101
>
> Redmond, WA 98052
>
>
>
> **[IN-PERSON MEETINGS BY APPOINTMENT ONLY DUE TO COVID-19 AND AN ABUNDANCE
> OF CAUTION]**
>
>
>
> If you received this email by accident or by some other mistake, please
> immediately delete it and forget anything you might have read in it, which
> are probably all just lies anyway. Thank you. I?d also appreciate you
> notifying me of the error.
> ***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: 4
Date: Thu, 12 Nov 2020 07:46:29 -0800
From: Paul Drayna <paul at draynalaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Promissory note question
Message-ID:
<CALGUytVxMWVsectLkF8v3isYrJm63O-NS50xekNptBPD2++04A at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Be careful about filing a lien before you have a judgment. In Washington
that would run afoul of our lis pendens statute. Until you have a judgment
your claim is for money only, and does not affect title to the property.
You either need a judgment, or as suggested a pre-judgment writ, to
encumber the real property.
Paul S. Drayna
Attorney at Law
phone: 425-844-2575
site: www.draynalaw.com
email: paul at draynalaw.com
<https://www.facebook.com/paul.drayna.jd>
<https://www.linkedin.com/in/paulstephendrayna/>
The contents of this message may be privileged and/or confidential. If you
have received this in error please delete the original message and notify
the sender immediately. Thank you.
On Wed, Nov 11, 2020 at 3:10 PM Douglas Scott <doug at rainieradvocates.com>
wrote:
> Since they are friends, has the creditor approached the debtor about
> signing a lien or other document to assure that he will be paid out of the
> proceeds of sale.
> Alternatively, North Carolina may have a prejudgment proceeding (similar
> to our prejudgment attachment) where the creditor might be able to encumber
> the property or tie up closing funds as part of his immediately filed
> litigation.
>
> *DOUGLAS W. SCOTT*
> Rainier Legal Advocates|LLC
>
> 465 Rainier Blvd. N., Suite C
> Issaquah, Washington 98027
> 425.392.8550 (tel)
> 425.392.2829 (fax)
>
>
>
> www.rainieradvocates.com
>
>
> Notice: This communication, including attachments, may contain
> information that is confidential and protected by the attorney/client or
> other privileges. It constitutes non-public information intended to be
> conveyed only to the designated recipient(s). If the reader or recipient of
> this communication is not the intended recipient, an employee or agent of
> the intended recipient who is responsible for delivering it to the intended
> recipient, or you believe that you have received this communication in
> error, please notify the sender immediately by return e-mail and promptly
> delete this e-mail, including attachments without reading or saving them in
> any manner. The unauthorized use, dissemination, distribution, or
> reproduction of this e-mail, including attachments, is prohibited and may
> be unlawful. Receipt by anyone other than the intended recipient(s) is not
> a waiver of any attorney/client or other privilege
>
>
> On Wed, Nov 11, 2020 at 2:27 PM Gregory L. Ursich <gursich at insleebest.com>
> wrote:
>
>> I would file suit in North Carolina where property is and get a judgment
>> as fast as possible. You will need to attempt service in India, and use
>> the North Carolina Long-arm statute.
>>
>>
>>
>> *Gregory L. Ursich *
>>
>> Shareholder
>>
>> Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
>>
>> P: 425.450.4258 | F: 425.635.7720
>>
>> *vCard <http://www.insleebest.com/uploads/vcards/gursich.vcf>* | *website
>> <http://www.insleebest.com/>* | *gursich at insleebest.com
>> <gursich at insleebest.com>*
>>
>>
>>
>> This electronic mail transmission is privileged and confidential and is
>> intended only for the review of the party to whom it is addressed. If you
>> have received this transmission in error, please immediately return it to
>> the sender. Unintended transmission shall not constitute waiver of the
>> attorney-client or any other privilege.
>>
>>
>>
>> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
>> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Anthony Gibbs
>> *Sent:* Wednesday, November 11, 2020 2:00 PM
>> *To:* wsbarp at lists.wsbarppt.com
>> *Subject:* [WSBARP] Promissory note question
>>
>>
>>
>> Bar exam fact pattern time:
>>
>>
>>
>> PC/creditor issued a promissory note to a ?friend?/debtor of his here in
>> Washington, $100,000. Creditor is here, debtor has moved to India. Debtor
>> has a home in North Carolina which is currently on the market but has not
>> yet sold. Debtor has not paid on the promissory note and keeps telling PC
>> ?I?ll pay you next week.?
>>
>>
>>
>> The NC house is the only US asset of debtor, so we need to stop that
>> sale. Can we file here on the promissory note, and send notice of intent to
>> lien to escrow company (or realtor?) in NC while we try to serve OP in
>> India? Creditor has debtor?s office address in India (at least he believes
>> he does) so there is a chance we could get him served.
>>
>>
>>
>> Any thoughts or lead are most appreciated.
>>
>>
>>
>> Anthony F. Gibbs, Esq.
>>
>> Sounder Law PLLC
>>
>>
>>
>> (206) 734-4374 [P]
>>
>> (206) 212-7825 [F]
>>
>> anthony at sounderlaw.com
>>
>> sounderlaw.com
>>
>>
>>
>> 22014 7th Ave South, Suite 106
>>
>> Des Moines, WA 98198
>>
>>
>>
>> 15600 Redmond Way, Suite 101
>>
>> Redmond, WA 98052
>>
>>
>>
>> **[IN-PERSON MEETINGS BY APPOINTMENT ONLY DUE TO COVID-19 AND AN
>> ABUNDANCE OF CAUTION]**
>>
>>
>>
>> If you received this email by accident or by some other mistake, please
>> immediately delete it and forget anything you might have read in it, which
>> are probably all just lies anyway. Thank you. I?d also appreciate you
>> notifying me of the error.
>> ***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
>
> ***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: 5
Date: Thu, 12 Nov 2020 08:43:21 -0800
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Promissory note question
Message-ID: <1b16ec52-ca96-c3c2-73d9-35d9b402b0f5 at comcast.net>
Content-Type: text/plain; charset="utf-8"; Format="flowed"
My off the top of the head answer would be the same as Greg's because I
doubt Washington's pre-judgment writ provisions could apply to out of
state property.? I'm assuming though that NC's pre-judgment writ statute
allows such a writ when the suit is based on a contract, or there is
some other means to get pre-judgment relief in NC.? If there isn't, then
just proceed here to get a judgment ASAP and then get the judgment
transferred.
In any case, getting a NC attorney involved sooner rather than later
would be a good idea, because you don't want to get tripped up on some
oddity of NC law, like for example our law about recording judgment
against homestead property.
Kary L. Krismer
206 723-2148
On 11/11/2020 2:24 PM, Gregory L. Ursich wrote:
>
> I would file suit in North Carolina where property is and get a
> judgment as fast as possible.? You will need to attempt service in
> India, and use the North Carolina Long-arm statute.
>
>
>
> *Gregory L. Ursich *
>
> Shareholder
>
> Skyline Tower, Suite 1500 | 10900 NE 4^th Street | Bellevue, WA 98004
>
> P: 425.450.4258 | F: 425.635.7720
>
> _vCard
> <http://www.insleebest.com/uploads/vcards/gursich.vcf>_|_website
> <http://www.insleebest.com/>_|_gursich at insleebest.com
> <mailto:gursich at insleebest.com>_
>
> This electronic mail transmission is privileged and confidential and
> is intended only for the review of the party to whom it is addressed.?
> If you have received this transmission in error, please immediately
> return it to the sender. Unintended transmission shall not constitute
> waiver of the attorney-client or any other privilege.
>
> *From:* wsbarp-bounces at lists.wsbarppt.com
> [mailto:wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Anthony Gibbs
> *Sent:* Wednesday, November 11, 2020 2:00 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] Promissory note question
>
> Bar exam fact pattern time:
>
> PC/creditor issued a promissory note to a ?friend?/debtor of his here
> in Washington, $100,000. Creditor is here, debtor has moved to India.
> Debtor has a home in North Carolina which is currently on the market
> but has not yet sold. Debtor has not paid on the promissory note and
> keeps telling PC ?I?ll pay you next week.?
>
> The NC house is the only US asset of debtor, so we need to stop that
> sale. Can we file here on the promissory note, and send notice of
> intent to lien to escrow company (or realtor?) in NC while we try to
> serve OP in India? Creditor has debtor?s office address in India (at
> least he believes he does) so there is a chance we could get him served.
>
> Any thoughts or lead are most appreciated.
>
> Anthony F. Gibbs, Esq.
>
> Sounder Law PLLC
>
> (206) 734-4374 [P]
>
> (206) 212-7825 [F]
>
> anthony at sounderlaw.com <mailto:anthony at sounderlaw.com>
>
> sounderlaw.com
>
> 22014 7^th Ave South, Suite 106
>
> Des Moines, WA 98198
>
> 15600 Redmond Way, Suite 101
>
> Redmond, WA 98052
>
> **[IN-PERSON MEETINGS BY APPOINTMENT ONLY DUE TO COVID-19 AND AN
> ABUNDANCE OF CAUTION]**
>
> If you received this email by accident or by some other mistake,
> please immediately delete it and forget anything you might have read
> in it, which are probably all just lies anyway. Thank you. I?d also
> appreciate you notifying me of the error.
>
>
> ***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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This email has been checked for viruses by Avast antivirus software.
https://www.avast.com/antivirus
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------------------------------
Message: 6
Date: Thu, 12 Nov 2020 17:52:28 +0000
From: Dwight Bickel <dwightbickel at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Promissory note question
Message-ID:
<MWHPR17MB13596388CFB0797C9572A22CC4E70 at MWHPR17MB1359.namprd17.prod.outlook.com>
Content-Type: text/plain; charset="iso-8859-1"
I strongly urge you not to record or send notices of intent to lien to escrow or title companies for the N. Carolina real property. I do not know the law of NC, but I do know that would be a very bad idea in WA. Here, there is no lien right based upon a promissory note. [You would be surprised how often people record that note or claim a lien without a right.] Prior to a pre-judgment writ of attachment (from the appropriate court, which I am sure would be in NC where the land is located.) A WA court would lack jurisdiction over NC real property. In WA, recording a notice of intent to lien is actually a gross misdemeanor. There is also exposure to the client to monetary damages and attorney's fees to remove that claim of lien. Even the unrecorded claim to the title or escrow company is interfering with contractual rights to interfere with a sale. I called it title extortion, but it is not legally recognized as more than slander of title. Note that the lawyer is also exposed f!
or recording to claim a lien right without a legal right. I witnessed a WSBA Complaint against an attorney who recorded a notice of lien that was not authorized by statute. [Settled without formal sanction].
The preliminary attachment in NC is not certain. You would have to convince that court. Other than that quick remedy, that might be denied, the next fastest route to a lien remedy is probably to obtain a Summary Judgment on the note, then take that to NC and follow its process for collection of a foreign judgment.
The maker might agree to a mortgage on the NC Carolina property, allowing time to sell that property and ensuring your payment from its closing proceeds if there are proceeds after prior liens are paid. You could induce that voluntary cooperation by serving the Complaint causing that person to realize there is no further patience, nor trust.
Dwight A. Bickel
Washington Title Professional
dwightbickel at hotmail.com
www.linkedin.com/in/dwightbickel
206-484-1976
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Message: 7
Date: Thu, 12 Nov 2020 19:05:07 +0000
From: Timothy Lehr <timothy at stileslaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] 60 Day Notice supplemental?
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All,
Client served on tenants a 60-Day Notice to Terminate with Intent to Sell back in September when Proclamation 20-19.3 was in effect. Notice gave all sufficient verbiage and references to the moratorium and Gov's proclamation at the time. 60 days has now expired and client wants to move forward with eviction proceedings based off of the notice. I know the latest Proclamation requires the 60 Day notice to be in the form of an affidavit under penalty of perjury signed by property owner, which was not included in 19.3, which we based our notice on.
Any thoughts on whether any supplemental notices, affidavits, etc. should be served on tenants prior to filing summons and complaint in order to comply with current proclamation - or whether we are covered under the previous proclamations requirements? I want to foreclose any arguments for insufficient notice before spending my client's money.
Thanks for your insights and thoughts!
Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.
p: 360.855.0131
e: timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w: www.stileslaw.com<http://www.stileslaw.com>
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