[WSBARP] WSBARP Digest, Vol 79, Issue 20
STEPHEN WHITEHOUSE
swhite8893 at aol.com
Sat Apr 17 19:14:44 PDT 2021
Tom,
Are they tenants? Hard to tell from what you indicate. If not, then how about
eject end?
Steve Whitehouse
Sent from my iPad
> On Apr 17, 2021, at 12:00 PM, wsbarp-request at lists.wsbarppt.com wrote:
>
> 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. Off topic referral - Employment Law Attorney
> (marc holmeslawgroup.com)
> 2. Georgia referral (Mimi Wagner)
> 3. Eviction Issue (Tom Westbrook)
> 4. PN and DOT enforcable against the borrower after years of
> nonpayment? (Ryan P. Coon)
> 5. Re: PN and DOT enforcable against the borrower after years of
> nonpayment? (Andrew Hay)
> 6. Re: PN and DOT enforcable against the borrower after years of
> nonpayment? (Bryce Dille)
> 7. Re: PN and DOT enforcable against the borrower after years of
> nonpayment? (Eric Nelsen)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Fri, 16 Apr 2021 21:05:04 +0000
> From: "marc holmeslawgroup.com" <marc at holmeslawgroup.com>
> To: "wsbarp-bounces at lists.wsbarppt.com"
> <wsbarp-bounces at lists.wsbarppt.com>, WSBA Real Property Listserv
> <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Off topic referral - Employment Law Attorney
> Message-ID:
> <SN6PR15MB2206D83F4448CA7ABB7A68C2BD4C9 at SN6PR15MB2206.namprd15.prod.outlook.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
> Can anyone recommend a good employment law attorney? PC is getting an offer and would like counsel to review.
>
> Thanks,
>
>
> Marc Holmes, JD
> Holmes Law Group PLLC
> 2303 W. Commodore Way, Suite 306
> Seattle, WA 98199
> marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
> (206) 357-4224 (ofc)
> (206) 849-0853 (cell)
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210416/475ec71c/attachment-0001.html>
>
> ------------------------------
>
> Message: 2
> Date: Fri, 16 Apr 2021 14:00:29 -0700
> From: "Mimi Wagner" <mimi at sanjuanlaw.com>
> To: <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Georgia referral
> Message-ID: <00dd01d73303$8984cfe0$9c8e6fa0$@sanjuanlaw.com>
> Content-Type: text/plain; charset="us-ascii"
>
> Dear Listmates,
>
>
>
> I am looking for a referral to a Georgia licensed attorney who can help with
> a deed to transfer real estate in Fulton County, Georgia to a living trust.
> Does anyone have a recommendation?
>
>
>
> Thank you,
>
>
>
> Mimi M. Wagner
>
> Attorney at Law
> <mailto:mimi at sanjuanlaw.com> mimi at sanjuanlaw.com
> Phone (360) 378-6234
> Fax (360) 378-6244
> <http://www.sanjuanlaw.com/> www.sanjuanlaw.com
>
> This email is sent by a law office and contains information that may be
> privileged and confidential, or protected by the work product doctrine. If
> you believe that it has been sent to you in error, do not read it. Please
> notify the sender that you have received the message in error, and then
> delete it. To comply with IRS rules, we must tell you that if this message
> contains advice relating to federal taxes, that advice was not intended to
> be used, and cannot be used, for avoiding penalties that may be imposed
> under federal tax law.
>
>
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210416/b1d9e52d/attachment-0001.html>
>
> ------------------------------
>
> Message: 3
> Date: Fri, 16 Apr 2021 15:01:48 -0700
> From: Tom Westbrook <tjw at w3net.net>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Eviction Issue
> Message-ID: <ce852074278e595ed4ae002c96f315fc at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Eviction Issue
>
> We represent a camping club that owns the property supporting 200 lots that
> people live on in their personal recreational vehicle. The campers? right
> to live there is based upon a Membership they buy from the camping club. A
> camper has been storing and selling propane on his site which is against
> the rules of the camp. As a result the Membership has been terminated under
> the process outlined in the governing documents of the camping club. The
> camper will not leave. Trying to fit an eviction under 1 of the 3
> exceptions of the Governor?s Proclamation. I doubt the imminent threat to
> safety will pass muster but now that the club board of directors has terminated
> the Membership, they would like to resell the Membership. Anyone have an
> opinion if this could fit within the 60 day notice to vacate due to intent
> of the landowner to sell the Membership?
>
> Sincerely,
>
> Tom
>
>
>
> Thomas J. Westbrook
>
> Attorney at Law
>
>
>
> <<...>>
>
>
>
> Rodgers Kee Card & Strophy, P.S.
>
> 324 West Bay Drive NW, Suite 201
>
> Olympia, Washington 98502
>
>
>
> Phone: 360-352-8311
>
> Facsimile: 360-352-8501
>
> Email: *tjw at buddbaylaw.com* <tjw at buddbaylaw.com>
>
> Skype: thomas.westbrook
>
> *www.buddbaylaw.com* <http://www.buddbaylaw.com/>
>
>
>
> The information contained in this email and attachment(s) are for the
> exclusive use of the addressee(s) and may contain private, privileged
> and/or confidential information. If you are not the addressee, you are
> strictly prohibited from reading, photocopying, distributing or otherwise
> using this email or its contents in any way. If you have received this
> communication in error, please notify us immediately by telephone at
> 360-352-8311 or by e-mail to *reception**@buddbaylaw.com*
> <reception at buddbaylaw.com>, and destroy the original message from your
> electronic files.
>
> COVID-19 UPDATE:
>
> s Rodgers Kee Card & Strophy will no longer maintain ?open? hours at the
> physical office.
>
> s All the staff is working remotely. We are routinely monitoring our voice
> mail and email, which is the best way to communicate during this period.
>
> s We are still taking new clients but consultations will be telephonic or
> via video conferencing, and any in-person meetings will be by appointment
> and only if necessary to execute documents.
>
> s Please provide necessary documents to us by scan and email, where
> possible, or by mail if not.
>
> s We anticipate these changes will be effective for the foreseeable future.
> We are doing everything we can to maintain the level of service and
> professionalism we?ve always provided, even in the face of this public
> health crisis. Thank you in advance for your patience and understanding.
> We look forward to the soonest possible return to full operations and
> continued service to our clients.
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210416/03515076/attachment-0001.html>
>
> ------------------------------
>
> Message: 4
> Date: Fri, 16 Apr 2021 15:26:34 -0700
> From: "Ryan P. Coon" <cole-gilday at stanwoodlaw.net>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] PN and DOT enforcable against the borrower after
> years of nonpayment?
> Message-ID: <f8a64845-d2e7-1073-c762-3716b4ffa199 at stanwoodlaw.net>
> Content-Type: text/plain; charset="utf-8"; Format="flowed"
>
> Dear Listies,
>
> Client purchased a vacant parcel in 2003, seller financed via Promissory
> Note and Deed of Trust. Client stopped making payments on the Note
> during the 2008 housing crash and hasn't made any payments since. No
> attempts have been made to collect on the balance owed and no
> foreclosure attempted. Clients also haven't paid property taxes since
> sometime in 2008 or 2009. Someone has paid property taxes to prevent
> foreclosure, Client suspects the seller/lender.
>
> Client now wonders whether, after 12-13 years of nonpayment, they can
> clear title in their name without paying the balance on the Note.
>
> Any thoughts on what Clients options are? Can they claim Statute of
> Limitations? Adverse possession?
>
> --
>
> Very Truly Yours,
>
> Ryan P. Coon
>
> Law Office of Cole & Gilday, P.C.
>
> //
>
> 10101 - 270th St. NW
>
> Stanwood, WA 98292
>
> (360) 629-2900 (Telephone)
>
> (360) 629-0220 (Fax)
>
> This message contains confidential and privileged information that is
> intended only for the named recipient(s).Unless you are the named
> recipient or authorized agent thereof, you are prohibited from reading,
> copying, distributing or otherwise disseminating such information.If you
> receive this communication in error, please notify the sender immediately.
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210416/b6c3c662/attachment-0001.html>
>
> ------------------------------
>
> Message: 5
> Date: Fri, 16 Apr 2021 22:56:47 +0000
> From: Andrew Hay <andrewhay at washingtonlaw.net>
> To: "cole-gilday at stanwoodlaw.net" <cole-gilday at stanwoodlaw.net>, WSBA
> Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] PN and DOT enforcable against the borrower after
> years of nonpayment?
> Message-ID:
> <MW3PR13MB3993F3A279BAEFAC5113B84BB24C9 at MW3PR13MB3993.namprd13.prod.outlook.com>
>
> Content-Type: text/plain; charset="utf-8"
>
> Hi Cole
> I looked at this a while ago and here are two pretty new cases on it. Without an acceleration, the statute only runs on payments due more than 6 years ago.
>
> Andrew Hay
> Hay & Swann PLLC
> 201 S. 34th St.
> Tacoma, WA 98418
> www.washingtonlaw.net<http://www.washingtonlaw.net/>
> andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
> 253.272.2400 (w)
> 253.377.3085 (c)
> THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
>
>
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Ryan P. Coon
> Sent: Friday, April 16, 2021 3:27 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] PN and DOT enforcable against the borrower after years of nonpayment?
>
>
> Dear Listies,
>
> Client purchased a vacant parcel in 2003, seller financed via Promissory Note and Deed of Trust. Client stopped making payments on the Note during the 2008 housing crash and hasn't made any payments since. No attempts have been made to collect on the balance owed and no foreclosure attempted. Clients also haven't paid property taxes since sometime in 2008 or 2009. Someone has paid property taxes to prevent foreclosure, Client suspects the seller/lender.
>
> Client now wonders whether, after 12-13 years of nonpayment, they can clear title in their name without paying the balance on the Note.
>
> Any thoughts on what Clients options are? Can they claim Statute of Limitations? Adverse possession?
> --
>
>
> Very Truly Yours,
> Ryan P. Coon
> Law Office of Cole & Gilday, P.C.
>
> 10101 - 270th St. NW
> Stanwood, WA 98292
> (360) 629-2900 (Telephone)
> (360) 629-0220 (Fax)
>
> This message contains confidential and privileged information that is intended only for the named recipient(s). Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information. If you receive this communication in error, please notify the sender immediately.
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210416/231f9af8/attachment-0001.html>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: Grahn .docx
> Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
> Size: 70490 bytes
> Desc: Grahn .docx
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210416/231f9af8/Grahn-0001.docx>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: Zimmerman.docx
> Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
> Size: 55559 bytes
> Desc: Zimmerman.docx
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210416/231f9af8/Zimmerman-0001.docx>
>
> ------------------------------
>
> Message: 6
> Date: Fri, 16 Apr 2021 23:10:27 +0000
> From: Bryce Dille <Bryce at dillelaw.com>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] PN and DOT enforcable against the borrower after
> years of nonpayment?
> Message-ID:
> <MW3PR11MB4588600E1DA9D31EB142028BC84C9 at MW3PR11MB4588.namprd11.prod.outlook.com>
>
> Content-Type: text/plain; charset="utf-8"
>
> What if the note by its terms states that any payment late as defined in the note automatically accelerates the balance due and no notice need be given isn?t this the same as a due date in the note from which the SL would run from.
>
> Bryce H. Dille
> Dille Law, PLLC
> 2010 Caton Way SW Ste. 101
> Olympia, WA 98502
> Office: 360-350-0270
> Cell: 253-579-5561
>
> ** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
>
> This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s). If this matter is transmitted to you in error, please notify the sender immediately.
>
> Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Andrew Hay
> Sent: Friday, April 16, 2021 3:57 PM
> To: cole-gilday at stanwoodlaw.net; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] PN and DOT enforcable against the borrower after years of nonpayment?
>
> Hi Cole
> I looked at this a while ago and here are two pretty new cases on it. Without an acceleration, the statute only runs on payments due more than 6 years ago.
>
> Andrew Hay
> Hay & Swann PLLC
> 201 S. 34th St.
> Tacoma, WA 98418
> www.washingtonlaw.net<http://www.washingtonlaw.net/>
> andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
> 253.272.2400 (w)
> 253.377.3085 (c)
> THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
>
>
>
> 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 Ryan P. Coon
> Sent: Friday, April 16, 2021 3:27 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
> Subject: [WSBARP] PN and DOT enforcable against the borrower after years of nonpayment?
>
>
> Dear Listies,
>
> Client purchased a vacant parcel in 2003, seller financed via Promissory Note and Deed of Trust. Client stopped making payments on the Note during the 2008 housing crash and hasn't made any payments since. No attempts have been made to collect on the balance owed and no foreclosure attempted. Clients also haven't paid property taxes since sometime in 2008 or 2009. Someone has paid property taxes to prevent foreclosure, Client suspects the seller/lender.
>
> Client now wonders whether, after 12-13 years of nonpayment, they can clear title in their name without paying the balance on the Note.
>
> Any thoughts on what Clients options are? Can they claim Statute of Limitations? Adverse possession?
> --
>
> Very Truly Yours,
> Ryan P. Coon
> Law Office of Cole & Gilday, P.C.
>
> 10101 - 270th St. NW
> Stanwood, WA 98292
> (360) 629-2900 (Telephone)
> (360) 629-0220 (Fax)
>
> This message contains confidential and privileged information that is intended only for the named recipient(s). Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information. If you receive this communication in error, please notify the sender immediately.
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210416/72bcc58a/attachment-0001.html>
>
> ------------------------------
>
> Message: 7
> Date: Fri, 16 Apr 2021 23:17:40 +0000
> From: Eric Nelsen <eric at sayrelawoffices.com>
> To: "cole-gilday at stanwoodlaw.net" <cole-gilday at stanwoodlaw.net>, "WSBA
> Real Property Listserv" <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] PN and DOT enforcable against the borrower after
> years of nonpayment?
> Message-ID:
> <098D0346993E6A48B0D5F184C0AB002E88795A at SBS2011.sayrelawoffices.local>
> Content-Type: text/plain; charset="utf-8"
>
> Depends on the payment terms of the note. The 6-year S/L runs on each installment payment, so if the payment schedule is still ongoing, the S/L hasn?t passed yet as to payments due within the last 6 years. See e.g. Cedar West Owners Assn. v. Nationstar Mortgage, 7 Wn.App.2d 473, 434 P.3d 554 (Div. 1 2019). Maybe the principal amount owing might be shaved down by the S/L passing on previous installment payments, but mathematically those are the payments that are mostly interest so I don?t know how much that will reduce the client?s debt. I also haven?t seen a case that actually attempts to do the calculations to figure out the effect of having S/L run on some installment payments.
>
> I don?t think adverse possession works since the Trustee of the DOT has no possessory interest, by definition. There?s no way for ?open and notorious? possession of the property to be, legally speaking, ?hostile? or adverse to the Trustee.
>
> Sincerely,
>
> Eric
>
> Eric C. Nelsen
> Sayre Law Offices, PLLC
> 1417 31st Ave South
> Seattle WA 98144-3909
> 206-625-0092
> eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
>
> Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Ryan P. Coon
> Sent: Friday, April 16, 2021 3:27 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] PN and DOT enforcable against the borrower after years of nonpayment?
>
>
> Dear Listies,
>
> Client purchased a vacant parcel in 2003, seller financed via Promissory Note and Deed of Trust. Client stopped making payments on the Note during the 2008 housing crash and hasn't made any payments since. No attempts have been made to collect on the balance owed and no foreclosure attempted. Clients also haven't paid property taxes since sometime in 2008 or 2009. Someone has paid property taxes to prevent foreclosure, Client suspects the seller/lender.
>
> Client now wonders whether, after 12-13 years of nonpayment, they can clear title in their name without paying the balance on the Note.
>
> Any thoughts on what Clients options are? Can they claim Statute of Limitations? Adverse possession?
> --
>
>
> Very Truly Yours,
> Ryan P. Coon
> Law Office of Cole & Gilday, P.C.
>
> 10101 - 270th St. NW
> Stanwood, WA 98292
> (360) 629-2900 (Telephone)
> (360) 629-0220 (Fax)
>
> This message contains confidential and privileged information that is intended only for the named recipient(s). Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information. If you receive this communication in error, please notify the sender immediately.
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210416/5e5acb42/attachment-0001.html>
>
> ------------------------------
>
> ***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
>
> End of WSBARP Digest, Vol 79, Issue 20
> **************************************
More information about the WSBARP
mailing list