[WSBARP] Adverse Possession case against FDIC

[scott at scottgthomaslaw.com]

You can't adversely possess against the government in any capacity.
Redfield v. Parks, 132 U.S. 239, 10 S.Ct. 83, 84, 33 L.Ed. 327; Roediger  v.
Cullen, 26 Wn.2d 690, 703 (1946).

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of michael westseattleattorney.com
Sent: Thursday, April 1, 2021 11:42 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Adverse Possession case against FDIC

 

 

So the question of "if the government owns the property in its ministerial
capacity" was because if it didn't then adverse possession is available,
correct?  Mike

 



  _____  

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 Rod Harmon
<rodharmon at msn.com <mailto:rodharmon at msn.com> >
Sent: Thursday, April 1, 2021 11:15 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Adverse Possession case against FDIC 

 

You can't adversely possess against the government.  Greg's point is a good
one.

 

Rod Harmon

 

RODNEY T. HARMON

       Attorney at Law

         P.O. Box 1066

      Bothell, WA   98041

     Tel:   (425) 402-7800

     Fax:  (425) 458-9096

 
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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>  On Behalf Of Gregory L. Ursich
Sent: Wednesday, March 31, 2021 6:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Adverse Possession case against FDIC

 

Randy: I think the US District Court for the jurisdiction where the property
is located is appropriate.  Are you sure you cannot sue the FDIC in state
court in the county where the property is? The FDIC as a governmental
agency, would be holding the property in its ministerial capacity?  Also, if
they are an agency of the federal government, immunity to adverse possession
may be an issue, unless the 10 years ran before the FDIC acquired title.

 

 




Gregory L. Ursich 

Shareholder

Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004

P: 425.450.4258 | F: 425.635.7720

vCard | website | gursich at insleebest.com <mailto:gursich at insleebest.com> 

 

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Randy Boyer
Sent: Wednesday, March 31, 2021 5:39 PM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: [WSBARP] Adverse Possession case against FDIC

 

Listmates

 

A lawsuit for adverse possession needs to be filed against FDIC that owns
property.  

 

I assume that needs to be filed in Federal Court. Would that be the district
where the property is located or are there other jurisdictional or venue
provisions that apply for a suit involving FDIC?

 

I'd appreciate any insight you have.

 

Randy

Randy M. Boyer                                                 ______
Attorney, WSBA# 8665

Law Office of Randy M. Boyer, Inc. P.S. 
7017 196th St. S.W.  Lynnwood, Washington 98036
* 425.712.3107|   Fax 425.778.2274
mail to: randyedlynlaw at gmail.com <mailto:randyedlynlaw at gmail.com> 

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Thank you for your cooperation.

 

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