[WSBARP] PN and DOT enforcable against the borrower after years of nonpayment?

[Joseph McIntosh]

Yes.  The parties are free to dictate through contract when rights accrue, and therefore the commencement of the SOL.  But here, given the creditor’s conduct, there’s almost certainly going to be an election / notice requirement attached to acceleration in the contract.  But, your answer ultimately lies in the terms of the contract.

You can’t adversely possess against a voluntary lien, unless, perhaps, adverse possession had ripened prior to the grantor encumbering the interest.  In other words, the grantor had no interest to encumber.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Friday, April 16, 2021 4:15 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] PN and DOT enforcable against the borrower after years of nonpayment?

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
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Cell: 253-579-5561

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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 Andrew Hay
Sent: Friday, April 16, 2021 3:57 PM
To: cole-gilday at stanwoodlaw.net<mailto:cole-gilday at stanwoodlaw.net>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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>
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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)

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