[WSBARP] WSBARP Digest, Vol 79, Issue 20
Tom Westbrook
tjw at w3net.net
Sat Apr 24 15:02:20 PDT 2021
Hi Steve,
They are not tenants, they are holdover after their membership camping
rights were terminated. I would file an ejectment but believe I am still
bound by Inslee's proclamation as far as notice is concerned.
You probably noticed that Kaitlyn Jackson agrees since camping is stated in
the Whereas portion of the proclamation. So, I think I can give the 60 day
notice and then file ejectment if he does not vacate. Guess I'll find out.
Regards, Tom
-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of STEPHEN WHITEHOUSE
Sent: Saturday, April 17, 2021 7:15 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] WSBARP Digest, Vol 79, Issue 20
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:
>
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> 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.ou
> tlook.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)
>
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> ------------------------------
>
> 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.
>
>
>
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> ------------------------------
>
> 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/>
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> COVID-19 UPDATE:
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> s Rodgers Kee Card & Strophy will no longer maintain ?open? hours at
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> ------------------------------
>
> 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.
>
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> ------------------------------
>
> 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.ou
> tlook.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.
>
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> ------------------------------
>
> 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.ou
> tlook.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.wsbarpp
> t.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
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>
> ------------------------------
>
> 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.
>
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> ------------------------------
>
> ***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
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> End of WSBARP Digest, Vol 79, Issue 20
> **************************************
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