[WSBARP] WSBARP Digest, Vol 81, Issue 7
Stephen Whitehouse
swhite8893 at aol.com
Tue Jun 8 13:10:11 PDT 2021
I think that works for things like garnishing bank accounts but do not believe it works for original service of process on banks. Keep in mind that national banks are not regulated by state law, but federal law. That is why they do not have registered agents like the rest of the world.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com
-----Original Message-----
From: Bryce Dille <Bryce at dillelaw.com>
To: Stephen Whitehouse <swhite8893 at aol.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Sent: Tue, Jun 8, 2021 12:18 pm
Subject: RE: [WSBARP] WSBARP Digest, Vol 81, Issue 7
#yiv6408043551 #yiv6408043551 -- _filtered {} _filtered {}#yiv6408043551 #yiv6408043551 p.yiv6408043551MsoNormal, #yiv6408043551 li.yiv6408043551MsoNormal, #yiv6408043551 div.yiv6408043551MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:12.0pt;font-family:New serif;}#yiv6408043551 a:link, #yiv6408043551 span.yiv6408043551MsoHyperlink {color:blue;text-decoration:underline;}#yiv6408043551 a:visited, #yiv6408043551 span.yiv6408043551MsoHyperlinkFollowed {color:purple;text-decoration:underline;}#yiv6408043551 p.yiv6408043551msonormal0, #yiv6408043551 li.yiv6408043551msonormal0, #yiv6408043551 div.yiv6408043551msonormal0 {margin-right:0in;margin-left:0in;font-size:12.0pt;font-family:New serif;}#yiv6408043551 span.yiv6408043551EmailStyle18 {font-family:sans-serif;color:#1F497D;}#yiv6408043551 .yiv6408043551MsoChpDefault {font-family:sans-serif;} _filtered {}#yiv6408043551 div.yiv6408043551WordSection1 {}#yiv6408043551 Why can’t you serve the manager of a large branch like Olympia branch they are always some sort of executive vicepreident 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 Stephen Whitehouse
Sent: Tuesday, June 8, 2021 12:11 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] WSBARP Digest, Vol 81, Issue 7 Bryce, On serving Wells Fargo, I think you have to serve them at their main office which, as I recall is located in one of the Dakotas. Go figure. Anyway, we have the address. If you call our office some time this afternoon and talk with my assistant, Tammy, she can get it for you. They likely will not respond but you do need to serve them. They are neck and neck with B of A as being the least responsive institution going. Steve Stephen Whitehouse Whitehouse & Nichols, LLP P.O. Box 1273 601 W. Railroad Ave. Shelton, Wa. 98584 360-426-5885 swhite8893 at aol.com -----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Tue, Jun 8, 2021 10:48 am
Subject: WSBARP Digest, Vol 81, Issue 7 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. Re: The lingering lien (Andrew Hay) 2. Re: The lingering lien (Bryce Dille) 3. Re: The lingering lien (Andrew Hay) 4. Re: The lingering lien (Joseph McIntosh) 5. Re: The lingering lien (John McCrady) 6. Service on Wells Fargo (Bryce Dille) 7. Re: The lingering lien (Inge Fordham) 8. Re: The lingering lien (Andrew Hay) 9. Counsel in Oklahoma City (Catherine Clark) 10. Re: Possible Referral on Sound Transit Matter --- not condemnation, but relocation --King County (Teague Pasco) ---------------------------------------------------------------------- Message: 1 Date: Mon, 7 Jun 2021 19:10:31 +0000 From: Andrew Hay <andrewhay at washingtonlaw.net> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Message-ID: <MW3PR13MB3993303A3D0FF2EBB38C2EDCB2389 at MW3PR13MB3993.namprd13.prod.outlook.com> Content-Type: text/plain; charset="us-ascii" Hi Bryce - thanks - I've got the notice going out to builder and lienholder. But the lien was not frivolous when filed because the builder didn't pay, so is it now frivolous now that the time to foreclose has passed. If not, I am wondering if the fees allowed in RCW 60.04.181 would apply in an action to remove the lien. From:wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille Sent: Monday, June 7, 2021 10:43 AM To: WSBA Real Property Listserv Subject: Re: [WSBARP] The lingering lien Ive had great success in having title co insure against it where it is clear that the 8 months have passed and cannot be foreclosed otherwise threaten the lien filer with suit for damages and atty fees under the statute to get them to voluntarily remove it. 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: Monday, June 7, 2021 10:35 AM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: [WSBARP] The lingering lien Client has a lien filed May 2020 on his property for a furnace installed during construction. General and furnace supplier got in a fight and bill remains unresolved. Homeowner wants to refi but lien is a cloud on title. Of course there is a claim against the contractor No action was filed to foreclose so the lien is not foreclosable. Does the expiration of the lien now make it removable as a frivolous lien? Is there any other way to get fees in an action against the supplier? 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 -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210607/d04cb41b/attachment-0001.html> ------------------------------ Message: 2 Date: Mon, 7 Jun 2021 19:30:58 +0000 From: Bryce Dille <Bryce at dillelaw.com> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Message-ID: <SJ0PR11MB48936219978B36C5E9D3C221C8389 at SJ0PR11MB4893.namprd11.prod.outlook.com> Content-Type: text/plain; charset="us-ascii" I don't think so I note that in action to quiet title to outlawed deed of trust or mortgage under RCW 7.28.300 atty fees are not mentioned as being recoverable 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: Monday, June 7, 2021 12:11 PM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Hi Bryce - thanks - I've got the notice going out to builder and lienholder. But the lien was not frivolous when filed because the builder didn't pay, so is it now frivolous now that the time to foreclose has passed. If not, I am wondering if the fees allowed in RCW 60.04.181 would apply in an action to remove the lien. From:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille Sent: Monday, June 7, 2021 10:43 AM To: WSBA Real Property Listserv Subject: Re: [WSBARP] The lingering lien Ive had great success in having title co insure against it where it is clear that the 8 months have passed and cannot be foreclosed otherwise threaten the lien filer with suit for damages and atty fees under the statute to get them to voluntarily remove it. 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<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: Monday, June 7, 2021 10:35 AM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>> Subject: [WSBARP] The lingering lien Client has a lien filed May 2020 on his property for a furnace installed during construction. General and furnace supplier got in a fight and bill remains unresolved. Homeowner wants to refi but lien is a cloud on title. Of course there is a claim against the contractor No action was filed to foreclose so the lien is not foreclosable. Does the expiration of the lien now make it removable as a frivolous lien? Is there any other way to get fees in an action against the supplier? 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 -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210607/83e9a3fc/attachment-0001.html> ------------------------------ Message: 3 Date: Mon, 7 Jun 2021 19:49:58 +0000 From: Andrew Hay <andrewhay at washingtonlaw.net> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Message-ID: <MW3PR13MB3993ADFBC30B2D6C81B001BFB2389 at MW3PR13MB3993.namprd13.prod.outlook.com> Content-Type: text/plain; charset="us-ascii" Thanks again Bryce - maybe it would be helpful in quiet title cases and declaratory judgment cases to have a discretionary fee award statute like RCW 7.28.085 in adverse possession cases. Gives a little more oomph to the demand to clear up the issue. 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] On Behalf Of Bryce Dille Sent: Monday, June 7, 2021 12:31 PM To: WSBA Real Property Listserv Subject: Re: [WSBARP] The lingering lien I don't think so I note that in action to quiet title to outlawed deed of trust or mortgage under RCW 7.28.300 atty fees are not mentioned as being recoverable 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: Monday, June 7, 2021 12:11 PM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Hi Bryce - thanks - I've got the notice going out to builder and lienholder. But the lien was not frivolous when filed because the builder didn't pay, so is it now frivolous now that the time to foreclose has passed. If not, I am wondering if the fees allowed in RCW 60.04.181 would apply in an action to remove the lien. From:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille Sent: Monday, June 7, 2021 10:43 AM To: WSBA Real Property Listserv Subject: Re: [WSBARP] The lingering lien Ive had great success in having title co insure against it where it is clear that the 8 months have passed and cannot be foreclosed otherwise threaten the lien filer with suit for damages and atty fees under the statute to get them to voluntarily remove it. 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<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: Monday, June 7, 2021 10:35 AM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>> Subject: [WSBARP] The lingering lien Client has a lien filed May 2020 on his property for a furnace installed during construction. General and furnace supplier got in a fight and bill remains unresolved. Homeowner wants to refi but lien is a cloud on title. Of course there is a claim against the contractor No action was filed to foreclose so the lien is not foreclosable. Does the expiration of the lien now make it removable as a frivolous lien? Is there any other way to get fees in an action against the supplier? 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 -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210607/a51dbb9b/attachment-0001.html> ------------------------------ Message: 4 Date: Mon, 7 Jun 2021 20:14:54 +0000 From: Joseph McIntosh <jmcintosh at McCarthyHolthus.com> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Message-ID: <A2C62F4295112F44A50E3A4A2026B87B02C35FB8FC at IDS-MB.domain.local> Content-Type: text/plain; charset="us-ascii" Whether holders of time-barred liens have an affirmative duty to release after statute of limitations expiration is an interesting query, something I run into every so often. As with many statutes governing liens, I assume the duty to release under this particular Act is triggered only upon satisfaction of the secured debt, and not expiration of the statute of limitations for enforcing. I can see the lienholders argument -- I don't intend to enforce, but.... I'm not obligated to release where there was no payment. Ultimately, and even though RCW 7.28.085 doesn't authorize an action against a mechanic's lien, I think you can get the court to quiet it from title as time barred through a general quiet title or declaratory relief styled action. If you want to recover fees, I would additionally look to the existence of a contract with a fee provision, and what recovery it authorizes. Seems like there should be a contractual relationship between the sub and the owner for the lien to be authorized in the first place. From:wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Andrew Hay Sent: Monday, June 07, 2021 12:55 PM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Thanks again Bryce - maybe it would be helpful in quiet title cases and declaratory judgment cases to have a discretionary fee award statute like RCW 7.28.085 in adverse possession cases. Gives a little more oomph to the demand to clear up the issue. 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> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille Sent: Monday, June 7, 2021 12:31 PM To: WSBA Real Property Listserv Subject: Re: [WSBARP] The lingering lien I don't think so I note that in action to quiet title to outlawed deed of trust or mortgage under RCW 7.28.300 atty fees are not mentioned as being recoverable 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<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: Monday, June 7, 2021 12:11 PM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>> Subject: Re: [WSBARP] The lingering lien Hi Bryce - thanks - I've got the notice going out to builder and lienholder. But the lien was not frivolous when filed because the builder didn't pay, so is it now frivolous now that the time to foreclose has passed. If not, I am wondering if the fees allowed in RCW 60.04.181 would apply in an action to remove the lien. From:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille Sent: Monday, June 7, 2021 10:43 AM To: WSBA Real Property Listserv Subject: Re: [WSBARP] The lingering lien Ive had great success in having title co insure against it where it is clear that the 8 months have passed and cannot be foreclosed otherwise threaten the lien filer with suit for damages and atty fees under the statute to get them to voluntarily remove it. 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<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: Monday, June 7, 2021 10:35 AM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>> Subject: [WSBARP] The lingering lien Client has a lien filed May 2020 on his property for a furnace installed during construction. General and furnace supplier got in a fight and bill remains unresolved. Homeowner wants to refi but lien is a cloud on title. Of course there is a claim against the contractor No action was filed to foreclose so the lien is not foreclosable. Does the expiration of the lien now make it removable as a frivolous lien? Is there any other way to get fees in an action against the supplier? 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 -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210607/b6943037/attachment-0001.html> ------------------------------ Message: 5 Date: Mon, 7 Jun 2021 20:22:13 +0000 From: John McCrady <j.mccrady at pstitle.com> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Message-ID: <fa5c8a437fb44eb3be5264c4f52e1916 at PST-MAIL.pstitle.com> Content-Type: text/plain; charset="us-ascii" Under the facts you describe I would recommend a talk with the title company; if the lien has expired without any foreclosure action or bankruptcy the title company should be willing to remove it from their title report. If they won't remove it, try another title company. John McCrady Counsel Puget Sound Title Company 5350 Orchard Street West University Place WA 98467 253-476-5721 j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com> WARNING-FRAUDULENT FUNDING INSTRUCTIONS Email hacking and fraud are on the rise to fraudulently misdirect funds. Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received. We are not responsible for any wire sent by you to an incorrect bank account. ***Due to the Covid 19 outbreak and with concern for the health and safety of our employees and community; our University Place lobby will remain locked during normal business hours. If you need to make an appointment or have any questions or concerns, please contact us at our main office at 253-474-4747. We appreciate your patience during these uncertain times and look forward to consistently exceeding your expectations.*** From:wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Andrew Hay Sent: Monday, June 07, 2021 10:35 AM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: [WSBARP] The lingering lien Client has a lien filed May 2020 on his property for a furnace installed during construction. General and furnace supplier got in a fight and bill remains unresolved. Homeowner wants to refi but lien is a cloud on title. Of course there is a claim against the contractor No action was filed to foreclose so the lien is not foreclosable. Does the expiration of the lien now make it removable as a frivolous lien? Is there any other way to get fees in an action against the supplier? Andrew Hay Hay & Swann PLLC 201 S. 34th St. Tacoma, WA 98418 www.washingtonlaw.net<https://r.xdref.com/?id=157HNpOm063431&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=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 -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210607/d98c592e/attachment-0001.html> ------------------------------ Message: 6 Date: Mon, 7 Jun 2021 21:04:32 +0000 From: Bryce Dille <Bryce at dillelaw.com> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: [WSBARP] Service on Wells Fargo Message-ID: <SJ0PR11MB48932E5D6D11A6DE4C1CDD65C8389 at SJ0PR11MB4893.namprd11.prod.outlook.com> Content-Type: text/plain; charset="us-ascii" I have an adverse possession action in which Wells Fargo has a deed of trust on a portion of the property in question who if anyone can I serve in the state to get good service on them the registered agent is in Ca which mean 60 days may go by before I can finalize action your comments would be appreciated 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. -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210607/d9c2ba93/attachment-0001.html> ------------------------------ Message: 7 Date: Mon, 7 Jun 2021 21:04:53 +0000 From: Inge Fordham <inge at fordhamlegal.com> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Message-ID: <EB8C9BA0-E705-4158-9C2F-89724EE58B34 at fordhamlegal.com> Content-Type: text/plain; charset="utf-8" I?ve never had any luck with getting a title company to let this go. I have, however, successfully petitioned the court to order the lien released based on the expiration of the 8-mo. foreclosure period. In my experience, the trick to requesting fees (and actually getting them awarded) is to send correspondence to the contractor ahead of time with an enclosed release of claim of lien and let the contractor know that unless the signed release is returned within XX days, you?ll file a frivolous lien petition and request an award of fees. It?s helpful to show the court you did everything you could before escalating the dispute. It?s a delicate balance, however, as that can also increase costs and fees and courts rarely give a full fee award on a frivolous lien petition (at least in my experience). [uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ] Inge A. Fordham | Attorney Fordham Law, PLLC 3218 Sixth Avenue | Tacoma, WA 98406 Office: (253) 348-2657 | Mobile: (206) 778-3131 www.fordhamlegal.com<http://www.fordhamlegal.com> Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message. From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of John McCrady <j.mccrady at pstitle.com> Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Date: Monday, June 7, 2021 at 1:25 PM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Under the facts you describe I would recommend a talk with the title company; if the lien has expired without any foreclosure action or bankruptcy the title company should be willing to remove it from their title report. If they won?t remove it, try another title company. John McCrady Counsel Puget Sound Title Company 5350 Orchard Street West University Place WA 98467 253-476-5721 j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com> WARNING-FRAUDULENT FUNDING INSTRUCTIONS Email hacking and fraud are on the rise to fraudulently misdirect funds. Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received. We are not responsible for any wire sent by you to an incorrect bank account. ***Due to the Covid 19 outbreak and with concern for the health and safety of our employees and community; our University Place lobby will remain locked during normal business hours. If you need to make an appointment or have any questions or concerns, please contact us at our main office at 253-474-4747. We appreciate your patience during these uncertain times and look forward to consistently exceeding your expectations.*** From:wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Andrew Hay Sent: Monday, June 07, 2021 10:35 AM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: [WSBARP] The lingering lien Client has a lien filed May 2020 on his property for a furnace installed during construction. General and furnace supplier got in a fight and bill remains unresolved. Homeowner wants to refi but lien is a cloud on title. Of course there is a claim against the contractor No action was filed to foreclose so the lien is not foreclosable. Does the expiration of the lien now make it removable as a frivolous lien? Is there any other way to get fees in an action against the supplier? Andrew Hay Hay & Swann PLLC 201 S. 34th St. Tacoma, WA 98418 www.washingtonlaw.net<https://r.xdref.com/?id=157HNpOm063431&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=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 -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210607/d42f479f/attachment-0001.html> -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 358106 bytes Desc: image001.png URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210607/d42f479f/image001-0001.png> ------------------------------ Message: 8 Date: Mon, 7 Jun 2021 22:26:20 +0000 From: Andrew Hay <andrewhay at washingtonlaw.net> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Message-ID: <MW3PR13MB3993C43A10F3992A865BDC0CB2389 at MW3PR13MB3993.namprd13.prod.outlook.com> Content-Type: text/plain; charset="utf-8" Good idea Ingrid ? thanks! ? I?ll add a lien release to my notice on this. 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] On Behalf Of Inge Fordham Sent: Monday, June 7, 2021 2:05 PM To: WSBA Real Property Listserv Subject: Re: [WSBARP] The lingering lien I?ve never had any luck with getting a title company to let this go. I have, however, successfully petitioned the court to order the lien released based on the expiration of the 8-mo. foreclosure period. In my experience, the trick to requesting fees (and actually getting them awarded) is to send correspondence to the contractor ahead of time with an enclosed release of claim of lien and let the contractor know that unless the signed release is returned within XX days, you?ll file a frivolous lien petition and request an award of fees. It?s helpful to show the court you did everything you could before escalating the dispute. It?s a delicate balance, however, as that can also increase costs and fees and courts rarely give a full fee award on a frivolous lien petition (at least in my experience). [uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ] Inge A. Fordham | Attorney Fordham Law, PLLC 3218 Sixth Avenue | Tacoma, WA 98406 Office: (253) 348-2657 | Mobile: (206) 778-3131 www.fordhamlegal.com<http://www.fordhamlegal.com> Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message. From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of John McCrady <j.mccrady at pstitle.com> Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Date: Monday, June 7, 2021 at 1:25 PM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] The lingering lien Under the facts you describe I would recommend a talk with the title company; if the lien has expired without any foreclosure action or bankruptcy the title company should be willing to remove it from their title report. If they won?t remove it, try another title company. John McCrady Counsel Puget Sound Title Company 5350 Orchard Street West University Place WA 98467 253-476-5721 j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com> WARNING-FRAUDULENT FUNDING INSTRUCTIONS Email hacking and fraud are on the rise to fraudulently misdirect funds. Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received. We are not responsible for any wire sent by you to an incorrect bank account. ***Due to the Covid 19 outbreak and with concern for the health and safety of our employees and community; our University Place lobby will remain locked during normal business hours. If you need to make an appointment or have any questions or concerns, please contact us at our main office at 253-474-4747. We appreciate your patience during these uncertain times and look forward to consistently exceeding your expectations.*** From:wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Andrew Hay Sent: Monday, June 07, 2021 10:35 AM To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: [WSBARP] The lingering lien Client has a lien filed May 2020 on his property for a furnace installed during construction. General and furnace supplier got in a fight and bill remains unresolved. Homeowner wants to refi but lien is a cloud on title. Of course there is a claim against the contractor No action was filed to foreclose so the lien is not foreclosable. Does the expiration of the lien now make it removable as a frivolous lien? Is there any other way to get fees in an action against the supplier? Andrew Hay Hay & Swann PLLC 201 S. 34th St. Tacoma, WA 98418 www.washingtonlaw.net<https://r.xdref.com/?id=157HNpOm063431&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=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 -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210607/befa7277/attachment-0001.html> -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.png Type: image/png Size: 14096 bytes Desc: image002.png URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210607/befa7277/image002-0001.png> ------------------------------ Message: 9 Date: Tue, 8 Jun 2021 17:37:30 +0000 From: Catherine Clark <Cat at loccc.com> To: "wsbarp at LISTS.WSBARPPT.COM" <wsbarp at lists.wsbarppt.com> Subject: [WSBARP] Counsel in Oklahoma City Message-ID: <BY3PR19MB493261F3C322C4B28F746DAEA3379 at BY3PR19MB4932.namprd19.prod.outlook.com> Content-Type: text/plain; charset="us-ascii" Looking to chat with someone about the real estate market and practices in Oklahoma City for a client who is moving there. Any names appreciated. Catherine "Cat" Clark Law Office of Catherine C. Clark PLLC 2200 Sixth Avenue, Suite 1250 Seattle, WA 98121 Phone: (206) 838-2528 Cell: (206) 409-8938 Fax: (206) 374-3003 Email: cat at loccc.com<mailto:cat at loccc.com> NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited. If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you. -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210608/9a910266/attachment-0001.html> ------------------------------ Message: 10 Date: Tue, 8 Jun 2021 10:48:01 -0700 From: Teague Pasco <pasco at pasco-law.com> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> Subject: Re: [WSBARP] Possible Referral on Sound Transit Matter --- not condemnation, but relocation --King County Message-ID: <CAA41B-w=1CSOgdYATbK8zBCedBgFYD_BAB5=EeNdSLgt=cccFQ at mail.gmail.com> Content-Type: text/plain; charset="utf-8" See relocation cheat sheet attached. The authority is 49 CFR Subpart D - Payments for Moving and Related Expenses - ?24.304 Reestablishment. I did a little digging - the $50,000 cap for non-residential reestablishment expenses is set in RCW 8.26.035(d). The federal limit is now $25,000 (the CFR is currently being revised), but states can set their own amounts. Teague Pasco 1214 S. 68th St. Tacoma WA 98408 pasco at pasco-law.com Mobile: 360-643-3990 On Fri, Jun 4, 2021 at 11:48 AM Ronald L. Coleman <rcoleman at dpearson.com> wrote: > I am interested in hearing from attys experienced in dealing with Sound > Transit for referral of the client to deal with relocation expenses where > the issue is the position on Sound Transit in claiming some expenses are > not to be paid pursuant to the relocation agreement with the client because > Sound Transit claims they are capital improvements, and not a relocation > expense. This is not a condemnation matter. If you have that experience, > please email me your contact information. > > Thank you. > > > > Ronald L. Coleman > Direct 253-238-5129 -rcoleman at dpearson.com > > *Davies Pearson, **P.C.* > ATTORNEYS AT LAW > 920 Fawcett Avenue / PO Box 1657, Tacoma, WA 98401 > 253-620-1500 | Fax 253-238-5158 | www.dpearson.com > Download vCard > <http://www.dpearson.com/wp-content/uploads/2015/03/Ronald_1584702.vcf> | View > Profile <http://www.dpearson.com/people/ronald-l-coleman> > > This e-mail is covered by the Electronic Communications Privacy Act, 18 > U.S.C. secs. 2510-2521, and is legally privileged and confidential. If the > reader of this message is not the intended recipient, the reader is hereby > notified that any unauthorized review, dissemination, distribution, or > copying of this message is strictly prohibited. If you are not the intended > recipient, please contact the sender by reply e-mail or call the sender at > (800) 439-1112, and destroy all copies of the original message. > > IRS regulations require us to advise you that, unless otherwise > specifically noted, any federal tax advice in this communication (including > any attachments, enclosures, or other accompanying materials) was not > intended or written to be used, and it cannot be used, by any person for > the purpose of avoiding tax-related penalties; furthermore, this > communication was not intended or written to support the promotion or > marketing of any of the transactions or matters it addresses. Please call > us for additional information. > ***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 -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210608/8fb3ba79/attachment.html> -------------- next part -------------- A non-text attachment was scrubbed... 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