[WSBARP] Adverse Possession case against FDIC
scott at scottgthomaslaw.com
scott at scottgthomaslaw.com
Thu Apr 1 12:27:22 PDT 2021
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
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<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
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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
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<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
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[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
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