[WSBARP] WSBARP Digest, Vol 79, Issue 31

Stephen Whitehouse swhite8893 at aol.com
Mon Apr 26 13:42:09 PDT 2021


Timothy,     SB 5160 was signed by the governor on April 22. This is the bill that provides for attorneys for low income tenants. It also provides for some rent mitigation for landlords. It is very involved and there may be a lot of questions about how this gets implemented. My first thought was at what point does someone get an attorney and how long is this process going to take. I suspect you can figure an additional 2--4 weeks to process an eviction. I have only begun to study the thing. I would think there will be a court challenge as the state is very limited on what it can provide in public benefits. There are two primary law cases, the stadium financing case and the case challenging the ability of DSHS to go after child support for people not on assistance.      As to HB 1236, the revisions to the LLTA, I believe it is on the governor's desk, the last I heard.
Steve

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98684360-426-5885swhite8893 at aol.com


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Subject: WSBARP Digest, Vol 79, Issue 31

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Today's Topics:

  1. Landlord/Tenant Legislation (Timothy Lehr)
  2. Re: Limited Warranty Deed vs Quit Claim (Rod Harmon)
  3. Re: Landlord/Tenant Legislation (Roger Moss)
  4. Re: Limited Warranty Deed vs Quit Claim (Kary Krismer)


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Message: 1
Date: Mon, 26 Apr 2021 16:00:38 +0000
From: Timothy Lehr <timothy at stileslaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Landlord/Tenant Legislation
Message-ID:
    <DM5PR22MB0074412AA66B87051D4F8754A1429 at DM5PR22MB0074.namprd22.prod.outlook.com>
    
Content-Type: text/plain; charset="us-ascii"

Happy Monday All,

Does anyone know the status of the bill(s) in Olympia regarding the RLLTA? Is there a good resource online for updates on these? I'm giving a talk to some realtors/property managers and looking to see what types of resources are out there that I can look at and point them towards.

Thank you,
Tim

Timothy C. Lehr
Attorney at Law

[cid:image001.jpg at 01D73A7A.9FD29C40]

p:  360.855.0131
e:  timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com/>

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Message: 2
Date: Mon, 26 Apr 2021 16:02:12 +0000
From: Rod Harmon <rodharmon at msn.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Limited Warranty Deed vs Quit Claim
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Dwight:

I know the statute barring claims after two years post-death. But a probate could be open for several years after death.  What statute applies to bar claims that arise during administration?  Say an injury on estate real property?

Rod Harmon

RODNEY T. HARMON
      Attorney at Law
        P.O. Box 1066
      Bothell, WA  98041
    Tel:  (425) 402-7800
    Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
  rodharmon at msn.com<mailto:rodharmon at msn.com>




From: wsbarp-bounces at lists.wsbarppt.com On Behalf Of Dwight Bickel
Sent: Friday, April 23, 2021 12:35 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Limited Warranty Deed vs Quit Claim

I often laughed at the arguments between PRs as Grantors and purchasers about warranties. Over and over the PR would sign a standard form P&SA that agreed to provide a SWD, then the lawyer would invest the Estate's assets in hundreds of dollars of attorney's fees to force a quitclaim PR deed instead. The fees seemed wasteful considering the bar to claims against an estate. What good are the warranties after the estate is closed?

Carl's offer of a limited warranty for a PR deed is slightly better than the usual zero warranty. And, no different than a full warranty deed after the estate is closed.

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976
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Message: 3
Date: Mon, 26 Apr 2021 09:40:16 -0700
From: Roger Moss <ram at rinconres.org>
To: RPPT Section <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord/Tenant Legislation
Message-ID: <B36C0F56-5CD3-4755-9444-C630E2BFCA00 at rinconres.org>
Content-Type: text/plain; charset="utf-8"

The Rental Housing Association of Washington has undertaken a significant highly organized campaign in connection with the legislation. https://www.rhawa.org/ <https://www.rhawa.org/>.

Chris Benis and Christopher Cutting serve on the RHA board and can provide the latest harrowing detail on developments.

Roger A. Moss 
Managing Director
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconResolutions.com

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> On Apr 26, 2021, at 9:00 AM, Timothy Lehr <timothy at stileslaw.com> wrote:
> 
> Happy Monday All,
>  
> Does anyone know the status of the bill(s) in Olympia regarding the RLLTA? Is there a good resource online for updates on these? I?m giving a talk to some realtors/property managers and looking to see what types of resources are out there that I can look at and point them towards. 
>  
> Thank you,
> Tim 
>  
> Timothy C. Lehr
> Attorney at Law
>  
> <image001.jpg>
>  
> p:  360.855.0131
> e:  timothy at stileslaw.com <mailto:timothy at stileslaw.com>
> w:  www.stileslaw.com <http://www.stileslaw.com/>
>  
> NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.
>  
> ***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 <mailto:WSBARP at lists.wsbarppt.com>
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Message: 4
Date: Mon, 26 Apr 2021 09:39:04 -0700
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Limited Warranty Deed vs Quit Claim
Message-ID: <0e692326-c376-09a0-393a-c9f3437b8357 at comcast.net>
Content-Type: text/plain; charset="windows-1252"; Format="flowed"

I think you raise a valid argument about a warranty claim arising while 
the case is open.? I'm not seeing an injury post-deed recording being a 
concern.? Is there some tort liability that reaches prior owners of 
property?? And if there is, I'm not seeing that a QCD would cut that off 
because the tort claim wouldn't be based on a deed warranty.

There may be another underlying issue.? Are estate PR's authorized to 
grant warranties?? I'm pretty sure bankruptcy trustees think they don't 
have that authority (an issue I've never looked into).

Kary L. Krismer
206 723-2148

On 4/26/2021 9:02 AM, Rod Harmon wrote:
>
> Dwight:
>
> I know the statute barring claims after two years post-death. But a 
> probate could be open for several years after death.? What statute 
> applies to bar claims that arise during administration?? Say an injury 
> on estate real property?
>
> Rod Harmon
>
> **
>
> *RODNEY T. HARMON*
>
> *Attorney at Law*
>
> P.O. Box 1066
>
> Bothell, WA?? 98041
>
> Tel:?? (425) 402-7800
>
> Fax:? (425) 458-9096
>
> www.rodharmon.com <http://www.rodharmon.com>
>
> rodharmon at msn.com <mailto:rodharmon at msn.com>
>
> *From:*wsbarp-bounces at lists.wsbarppt.com *On Behalf Of *Dwight Bickel
> *Sent:* Friday, April 23, 2021 12:35 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Limited Warranty Deed vs Quit Claim
>
> I often laughed at the arguments between PRs as Grantors and 
> purchasers about warranties. Over and over the PR would sign a 
> standard form P&SA that agreed to provide a SWD, then the lawyer would 
> invest the Estate?s assets in hundreds of dollars of attorney?s fees 
> to force a quitclaim PR deed instead. The fees seemed wasteful 
> considering the bar to claims against an estate. What good are the 
> warranties after the estate is closed?
>
> Carl?s offer of a limited warranty for a PR deed is slightly better 
> than the usual zero warranty. And, no different than a full warranty 
> deed after the estate is closed.
>
> Dwight A. Bickel
>
> Real Property Title Advisor
>
> Washington Title Professional
>
> Dwight at DwightBickel.com <mailto:Dwight at DwightBickel.com>
>
> https:/dwightbickel.com
>
> 206-484-1976
>
>
> ***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
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