[WSBARP] WSBARP Digest, Vol 76, Issue 2

Tue Jan 5 22:08:41 PST 2021

Bryce,       When you say the county does not recognize the division, I am not sure what you mean. If they are saying they will not issue permits because the property is now nonconforming, that is not necessarily not recognizing the subdivision. They are simply recognizing it as being nonconforming and not grandfathered for some reason.       If that is the case, then the county is within its rights. Think about the consequences of that not being the case. 
Steve

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com

-----Original Message-----
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Sent: Tue, Jan 5, 2021 12:00 pm
Subject: WSBARP Digest, Vol 76, Issue 2

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Today's Topics:

  1. Re: SB 5009--Uniform Public Expression Protection Act
      (Dwight Bickel)
  2. Re: Appraiser Recommendations in North Seattle (Michael Brandt)
  3. Non-judicial Foreclosure of Insured Probate Asset
      (labor4law at yahoo.com)
  4. Partition not recognized by City as division of Property
      (Bryce Dille)
  5. Reminder - Open Forum tomorrow on eviction moratorium and
      pending legislation (Roger Moss)
  6. Re: Reminder - Open Forum tomorrow on eviction moratorium and
      pending legislation (Kary Krismer)
  7. Re: Reminder - Open Forum tomorrow on eviction moratorium and
      pending legislation (K. Garl Long)

----------------------------------------------------------------------

Message: 1
Date: Tue, 5 Jan 2021 00:04:23 +0000
From: Dwight Bickel <dwight at dwightbickel.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] SB 5009--Uniform Public Expression Protection
    Act
Message-ID:
    <BN8PR14MB2980CAD487002867526E34F2BFD10 at BN8PR14MB2980.namprd14.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Interesting. The structure seems to require the same hearing required by RCW 4.24.500-.525 that the WA Supreme Court held was unconstitutional in Davis v. Cox (183 Wn.2d 269 (2015)), since the Court will be able to dismiss the pleading in the second phase, without giving the proponent the opportunity to have the facts determined by a jury.

I do not yet perceive why a civil action related to real property needs an exception. Can you make up an example?

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: 2
Date: Tue, 5 Jan 2021 16:31:18 +0000
From: Michael Brandt <mbrandt at brandtlawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Appraiser Recommendations in North Seattle
Message-ID:
    <MW3PR13MB3980D72895B159FB29E15204DDD10 at MW3PR13MB3980.namprd13.prod.outlook.com>

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Jan:

I have used Appraisal Group of the NW in Bellevue for years, with its retired principal, Jim Price, and with Philip Cole.

Appraisal Group of the Northwest, LLP
1409 140th PL NE, Ste. 105, Bellevue, WA 98007-3963

? ? ?
Phone: (425) 453-9292
Fax: (425) 455-9740

Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com<http://www.brandtlawgroup.com/>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jan Kelly
Sent: Thursday, December 31, 2020 11:16 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Appraiser Recommendations in North Seattle

Does anyone have a good recommendation for an appraiser? The house is in the Shoreline area.

Thank you.

--

Jan Kelly, JD/MBA
Attorney at Law

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733
Facsimile (360) 779-2265

Licensed in Nevada and Washington.

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Message: 3
Date: Tue, 5 Jan 2021 10:30:38 -0700
From: <labor4law at yahoo.com>
To: <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Non-judicial Foreclosure of Insured Probate Asset
Message-ID: <018601d6e388$7c888ef0$7599acd0$@yahoo.com>
Content-Type: text/plain; charset="us-ascii"

Good day,

I have a probate matter where the decedent purchased credit life and credit
disability insurance. Both policy premiums are on the TIL as part of the
initial loan amount. The mortgage servicer sent a letter saying the
insurance policies have expired. 

Decedent told her sole heir that once she passes, the insurance will pay off
the mortgage. The heir has no paperwork of the original mortgage or
insurance documents.

I have requested a copy of the insurance policies from the mortgage
servicers without success. Since the mortgage servicing has transferred at
least two times, I want to verify what the decedent told her heir is or is
not correct.

Can someone provide me with guidance on how to proceed? The home is of
modest value but is the only asset of value in the estate to the heir. I
anticipate once the moratoriums lift, the trustee will begin a non-judicial
foreclosure.

Thank you in advance and I look forward to your reply.

Warmest regards,

Roberta

Creator of the first on-line Indian Will Production System CHECK OUT -
<http://www.nativewill.org/> www.NativeWill.org

Ms. Roberta Armstrong

Washington State Bar Association No. 42343

Founder and Executive Director

Stewards of Indigenous Resources Endowment,

a Non-Profit Professional Service Corporation              

on the Tohono O'odham Indian Reservation

31 West Los Reales Road, Unit 151

Tucson, Arizona 85756

425.737.5448 | Direct

866.639.5550 | Toll Free

866.227.6651 | Fax

 <mailto:Roberta at IndianWillsOnWheels.org> Roberta at IndianWillsOnWheels.org

 <http://www.indianwillsonwheels.org/> www.IndianWillsOnWheels.org 

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Message: 4
Date: Tue, 5 Jan 2021 19:26:58 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Partition not recognized by City as division of
    Property
Message-ID:
    <MW3PR11MB4588708E3652864E932C4269C8D10 at MW3PR11MB4588.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

A partition  action between two tenants in common resulted in a court judgment dividing the property into two parcels and that after filing the county recognize4d the two parcels as legally segregated tax parcels. That a building permit has been applied for and the city stated they don't recognize the property division as it doesn't fall under their subdivision exceptions. Doesn't a court ordered division of property supersede their subdivision requirements? Any case law or comments on this issue would be appreciated thanks
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

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Message: 5
Date: Tue, 5 Jan 2021 11:39:39 -0800
From: Roger Moss <ram at rinconres.org>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>,
    "adr-section at list.wsba.org" <adr-section at list.wsba.org>
Subject: [WSBARP] Reminder - Open Forum tomorrow on eviction
    moratorium and pending legislation
Message-ID: <B5A1AB62-FAC8-445F-A051-6CD44AF281DF at rinconres.org>
Content-Type: text/plain; charset="utf-8"

Happy New Year Colleagues,

Our informal but important open forum takes place at 12:00pm PST tomorrow. While some people have volunteered to organize the discussion, the hope is that tomorrow?s session will spawn additional meetings and ultimately inform an effort to influence the legislation under current review in the legislature. It is moving quickly, and contains issues of concern to many people, including those who may not agree on particular points.

This event is sponsored by the RPPT and ADR section executive committees.

The meeting registration link is highlighted below. We look forward to a lively conversation!

Roger Moss 
> 
> From: Roger Moss <ram at rinconres.org <mailto:ram at rinconres.org>>
> Subject: January 6, 2021 12:00pm PST Open Forum on Pending Eviction Legislation
> Date: December 17, 2020 at 2:13:12 PM PST
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>>, "Adrienne Keith Wills <akwills at willslawfirm.com <mailto:akwills at willslawfirm.com>>" <adr-section at list.wsba.org <mailto:adr-section at list.wsba.org>>
> 
> The ADR Section executive committee will be hosting an open forum for members of the RPPT and ADR sections to discuss issues of concern about eviction legislation under review at this time. There are many issues to raise with policy makers that call for an organized effort among our respective memberships.
> 
> The forum will take place at 1200 PST Wednesday January 6 and  will accommodate up to 300 participants. In addition to identifying major issues for discussion, we will plan additional forums at different times.
> 
> Register for the meeting and get Zoom links here:  https://zoom.us/meeting/register/tJwrdOivrj8tHtUdh4DB8pAQ4gd6cmvSWxxz <https://zoom.us/meeting/register/tJwrdOivrj8tHtUdh4DB8pAQ4gd6cmvSWxxz> <>
> 
> 
> Roger A. Moss 
> Mediation Counsel
> Rincon Resolutions LLC
> 206.790.1971 Seattle
> 415.371.9724 San Francisco
> RinconRes.org <http://rinconres.org/>
> 
> Confidential Correspondence
> The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.
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Message: 6
Date: Tue, 5 Jan 2021 11:51:55 -0800
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Reminder - Open Forum tomorrow on eviction
    moratorium and pending legislation
Message-ID: <77268efa-fc55-1b67-87b6-94a4bd388e64 at comcast.net>
Content-Type: text/plain; charset="utf-8"; Format="flowed"

I was reading A Cray from the Far Middle:? Dispatches from a Divided 
Land, by P.J. O'Rourke last night.? This passage practically predicts 
the moratorium.? Note the book was released in June 2020, but written in 
2019, before Covid-19.

"Property rights will be next to go. Here too the Internet aids and 
abets, particularly in the destruction of intellectual property rights. 
Take it from me, a print journalist. ?Content Is Free??that?s the 
founding concept of the Internet. I spent forty years as a print 
journalist. Now I?m a ?content provider.? And . . . /Content Is Free./

Our remaining property rights, our rights to physical property, will be 
sacrificed either to the campaign for income equality or to the campaign 
against climate change (or, *should these hysterias fail, to the 
campaign against something terrible we haven?t imagined yet)*.? 
(Emphasis supplied.)"

O'Rourke, P.? J.. A Cry from the Far Middle: Dispatches from a Divided 
Land (p. 48-49). Grove Atlantic. Kindle Edition.

Kary L. Krismer

206 723-2148

On 1/5/2021 11:39 AM, Roger Moss wrote:
> Happy New Year Colleagues,
>
> Our informal but important open forum takes place at 12:00pm PST 
> tomorrow. While some people have volunteered to organize the 
> discussion, the hope is that tomorrow?s session will spawn additional 
> meetings and ultimately inform an effort to influence the legislation 
> under current review in the legislature. It is moving quickly, and 
> contains issues of concern to many people, including those who may not 
> agree on particular points.
>
> This event is sponsored by the RPPT and ADR section executive committees.
>
> The meeting registration link is highlighted below. We look forward to 
> a lively conversation!
>
> Roger Moss
>>
>> *From: *Roger Moss <ram at rinconres.org <mailto:ram at rinconres.org>>
>> *Subject: **January 6, 2021 12:00pm PST Open Forum on Pending 
>> Eviction Legislation*
>> *Date: *December 17, 2020 at 2:13:12 PM PST
>> *To: *WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
>> <mailto:wsbarp at lists.wsbarppt.com>>, "Adrienne Keith Wills 
>> <akwills at willslawfirm.com <mailto:akwills at willslawfirm.com>>" 
>> <adr-section at list.wsba.org <mailto:adr-section at list.wsba.org>>
>>
>> The ADR Section executive committee will be hosting an open forum for 
>> members of the RPPT and ADR sections to discuss issues of concern 
>> about eviction legislation under review at this time. There are many 
>> issues to raise with policy makers that call for an organized effort 
>> among our respective memberships.
>>
>> The forum will take place at 1200 PST Wednesday January 6 and ?will 
>> accommodate up to 300 participants. In addition to identifying major 
>> issues for discussion, we will plan additional forums at different times.
>>
>> Register for the meeting and get Zoom links here: 
>> https://zoom.us/meeting/register/tJwrdOivrj8tHtUdh4DB8pAQ4gd6cmvSWxxz 
>> <https://zoom.us/meeting/register/tJwrdOivrj8tHtUdh4DB8pAQ4gd6cmvSWxxz>
>>
>>
>> Roger A. Moss
>> Mediation Counsel
>> /*Rincon Resolutions LLC*/
>> 206.790.1971 Seattle
>> 415.371.9724 San Francisco
>> RinconRes.org <http://rinconres.org/>
>>
>> *Confidential Correspondence*
>> The information in this e-mail?(including attachments, if any) 
>> is?considered privileged and/or?confidential and is intended only?for 
>> the recipient(s) listed above.?Any review, use, 
>> disclosure,?distribution or copying of this e-mail is prohibited 
>> except by or?on behalf of the intended?recipient. If you have 
>> received?this email in error, please notify?me immediately by reply 
>> email,?delete this email, and do not?disclose its contents to anyone.
>
> ***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
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Message: 7
Date: Tue, 5 Jan 2021 11:57:24 -0800
From: "K. Garl Long" <Garl at longlaw.biz>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Reminder - Open Forum tomorrow on eviction
    moratorium and pending legislation
Message-ID: <5f7709e2-e463-ebac-826f-06219b1cf1e6 at longlaw.biz>
Content-Type: text/plain; charset="utf-8"; Format="flowed"

Law conquers liberty, when liberty is not defended by lawyers.

K. Garl Long

On 01/05/2021 11:51 AM, Kary Krismer wrote:
>
> I was reading A Cray from the Far Middle:? Dispatches from a Divided 
> Land, by P.J. O'Rourke last night.? This passage practically predicts 
> the moratorium.? Note the book was released in June 2020, but written 
> in 2019, before Covid-19.
>
> "Property rights will be next to go. Here too the Internet aids and 
> abets, particularly in the destruction of intellectual property 
> rights. Take it from me, a print journalist. ?Content Is Free??that?s 
> the founding concept of the Internet. I spent forty years as a print 
> journalist. Now I?m a ?content provider.? And . . . /Content Is Free./
>
> Our remaining property rights, our rights to physical property, will 
> be sacrificed either to the campaign for income equality or to the 
> campaign against climate change (or, *should these hysterias fail, to 
> the campaign against something terrible we haven?t imagined yet)*.? 
> (Emphasis supplied.)"
>
> O'Rourke, P.? J.. A Cry from the Far Middle: Dispatches from a Divided 
> Land (p. 48-49). Grove Atlantic. Kindle Edition.
>
> Kary L. Krismer
>
> 206 723-2148
> On 1/5/2021 11:39 AM, Roger Moss wrote:
>> Happy New Year Colleagues,
>>
>> Our informal but important open forum takes place at 12:00pm PST 
>> tomorrow. While some people have volunteered to organize the 
>> discussion, the hope is that tomorrow?s session will spawn additional 
>> meetings and ultimately inform an effort to influence the legislation 
>> under current review in the legislature. It is moving quickly, and 
>> contains issues of concern to many people, including those who may 
>> not agree on particular points.
>>
>> This event is sponsored by the RPPT and ADR section executive committees.
>>
>> The meeting registration link is highlighted below. We look forward 
>> to a lively conversation!
>>
>> Roger Moss
>>>
>>> *From: *Roger Moss <ram at rinconres.org <mailto:ram at rinconres.org>>
>>> *Subject: **January 6, 2021 12:00pm PST Open Forum on Pending 
>>> Eviction Legislation*
>>> *Date: *December 17, 2020 at 2:13:12 PM PST
>>> *To: *WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com 
>>> <mailto:wsbarp at lists.wsbarppt.com>>, "Adrienne Keith Wills 
>>> <akwills at willslawfirm.com <mailto:akwills at willslawfirm.com>>" 
>>> <adr-section at list.wsba.org <mailto:adr-section at list.wsba.org>>
>>>
>>> The ADR Section executive committee will be hosting an open forum 
>>> for members of the RPPT and ADR sections to discuss issues of 
>>> concern about eviction legislation under review at this time. There 
>>> are many issues to raise with policy makers that call for an 
>>> organized effort among our respective memberships.
>>>
>>> The forum will take place at 1200 PST Wednesday January 6 and ?will 
>>> accommodate up to 300 participants. In addition to identifying major 
>>> issues for discussion, we will plan additional forums at different 
>>> times.
>>>
>>> Register for the meeting and get Zoom links here: 
>>> https://zoom.us/meeting/register/tJwrdOivrj8tHtUdh4DB8pAQ4gd6cmvSWxxz
>>>
>>>
>>> Roger A. Moss
>>> Mediation Counsel
>>> /*Rincon Resolutions LLC*/
>>> 206.790.1971 Seattle
>>> 415.371.9724 San Francisco
>>> RinconRes.org <http://rinconres.org/>
>>>
>>> *Confidential Correspondence*
>>> The information in this e-mail?(including attachments, if any) 
>>> is?considered privileged and/or?confidential and is intended 
>>> only?for the recipient(s) listed above.?Any review, use, 
>>> disclosure,?distribution or copying of this e-mail is prohibited 
>>> except by or?on behalf of the intended?recipient. If you have 
>>> received?this email in error, please notify?me immediately by reply 
>>> email,?delete this email, and do not?disclose its contents to anyone.
>>
>> ***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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End of WSBARP Digest, Vol 76, Issue 2
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