[WSBARP] WSBARP Digest, Vol 78, Issue 7

Stephen Whitehouse swhite8893 at aol.com
Wed Mar 10 09:12:35 PST 2021


I have had a number of cases with the Northwest Justice Project. I have found them very good to work with. They are understaffed and overworked, and sometimes will assert positionsI disagree with. Who hasn't. But I think they care about their clients and are willing to engage in reasonable discussions. I do not know if what they proposed is common for them, but they are giving you a road to a resolution and at the same time getting something for their clients.
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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To: wsbarp at lists.wsbarppt.com
Sent: Wed, Mar 10, 2021 8:54 am
Subject: WSBARP Digest, Vol 78, Issue 7

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Today's Topics:

  1. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
      (Scott Russon)
  2. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
      (Kaitlyn Jackson)
  3. Re: lfp problem (Gregory L. Ursich)
  4. Nominees; WAC 458-61A-214; Flyhomes (Samuel M. Meyler)
  5. Re: Nominees; WAC 458-61A-214; Flyhomes
      (michael at westseattleattorney.com)
  6. Re: Nominees; WAC 458-61A-214; Flyhomes (marc holmeslawgroup.com)
  7. Re: Nominees; WAC 458-61A-214; Flyhomes (Samuel M. Meyler)
  8. Re: Nominees; WAC 458-61A-214; Flyhomes (Robert R. Cole)
  9. Re: Nominees; WAC 458-61A-214; Flyhomes (Samuel M. Meyler)
  10. Re: Nominees; WAC 458-61A-214; Flyhomes (Scott Osborne)
  11. Re: WSBARP Digest, Vol 78, Issue 6 (Stephen Whitehouse)
  12. Condo dues foreclosure (Craig Gourley)
  13. Re: Condo dues foreclosure (Samuel M. Meyler)
  14. Re: Condo dues foreclosure (Craig Gourley)
  15. Re: WSBARP Digest, Vol 78, Issue 6 (Jeff at bellanddavispllc.com)


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

Message: 1
Date: Tue, 9 Mar 2021 20:10:51 +0000
From: Scott Russon <scott at yatesmarshall.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
    Drury
Message-ID:
    <MWHPR1301MB2047883B65276C457C7F346EB4929 at MWHPR1301MB2047.namprd13.prod.outlook.com>
    
Content-Type: text/plain; charset="utf-8"

A few days before my hearing to evict (based solely on the 60 day notice of intent to sell - scheduled for Feb 12th) I received a NOA, a tenant declaration complying the with the CDC requirements, and an 8 page answer from a Northwest Justice Project attorney requesting a stay on the eviction and citing this case and another Supreme Court stay order based upon the CDC?s moratorium.  They told me if a stay was not granted, they would request a trial and appeal any verdict not in their favor.  At the same time, they proposed a settlement to an agreed judgment and writ if we gave tenant until May 31st to move out.  The May 31st date was set because that is minimum length they thought it would take to get the Stay issue resolved in the higher courts.  Not sure if this settlement offer is common practice for the NW Justice Project, or only on a case-by-case basis.  I wonder if others have received the same offer.

My client took the offer to get a set vacate date and avoid the cost of trial and appeal, which would have delayed everything anyway.  And we still don?t know whether the CDC moratorium would be extended further, and it?s unclear what the legislature will do in the meantime.  Our agreement waives any current or future enacted defenses to eviction.

Sincerely yours,

SCOTT E. RUSSON
Attorney at Law

Yates Marshall, PLLC
10000 N.E. 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax:    (360) 449-6111

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, March 9, 2021 11:42 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

Bryce -

Theoretically, if the occupant submits the CDC Declaration, then under the current legal justification, the occupant would be protected.

If you look at the CDC's terribly drafted "Order" you will see it applies to a "landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action" and  "covered persons" are defined as "tenant, lessee, or resident of a residential property."

The way I read it is that under the broad interpretation being applied, it even applies to a squatter or a trespasser. The CDC's Order does not (to my knowledge) even require the person, be on the property legally.



On Tue, Mar 9, 2021 at 11:36 AM Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>> wrote:
What about evictions arising out of non landlord tenant situations where PR is attempting to evict a family member from decedents house after 60 day notice to sell was given and we are in action for ejectment.

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 Rob Rowley
Sent: Tuesday, March 9, 2021 11:03 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury


Any thoughts on the February 4, 2021 Supreme Court commissioners ruling which raised issues with evictions related to terminations based upon owner's intent to sell or occupy.  Dealing with the federal CDC eviction moratorium being declared unconstitutional by a Texas federal district court.  Oral argument on May 13.

https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

I understand we can still issue notices just not proceed with eviction hearings.


[cid:image001.jpg at 01D714DC.47CFF290]
Robert R Rowley
Attorney & Counselor at Law
[cid:image002.png at 01D714DC.47CFF290] (509) 252-5074<tel:(509)%20252-5074>  [cid:image003.png at 01D714DC.47CFF290]  (509) 994-1143<tel:(509)%20994-1143>
[cid:image004.png at 01D714DC.47CFF290] (509) 928-3084  [cid:image005.png at 01D714DC.47CFF290]  rowleylegal.com<http://www.rowleylegal.com/>
[cid:image006.png at 01D714DC.47CFF290] rob at rowleylegal.com<mailto:rob at rowleylegal.com>
Helping You Protect What Matters Most
[cid:image007.png at 01D714DC.47CFF290]<https://www.facebook.com/rowleylegal>  [cid:image008.png at 01D714DC.47CFF290] <https://www.twitter.com/ROBERTRROWLEY>
Practice concentrated on business, real estate and general legal matters in Washington and Idaho.
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--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>

Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents.  IRS C!
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------------------------------

Message: 2
Date: Tue, 9 Mar 2021 12:19:34 -0800
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
    Drury
Message-ID:
    <CAO+NF_7JzbYZ8PfThLRORXJ+zERiZSC7snjchNkkZy1dqfNhuA at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Robert -

I have lots of thoughts. I'm sure I'm being naive when I assume the Supreme
Court will be rational in their assessment that the CDC's order does not
apply in Washington because 1. Washington's own eviction Proclamation is
*more* strict than the CDC"s protection (which is one of the stated
exemptions in the CDC Order itself) and/or 2. the CDC's authority does not
extend to private land contracts. It's an interesting debate - but I don't
think the CDC told people they *had *to wear masks, right? Everything they
did with regard to policing people's behavior were recommendations that
local governments could use as evidence to create policy within their
jurisdictions. That is, except for this Order regarding evictions. But it's
certainly been a really hard slog trying to keep up with all the different
municipalities, counties, state, CDC, and Federal Government all acting on
their own with regard to evictions and governing landlord/tenant contracts.
Reminds me of the old adage "too many cooks spoil the soup." So, I can't
claim I know everything the CDC did this last year and how they
accomplished it. If it is determined the CDC had the requisite authority,
it makes me wonder how far they can stretch that moving forward when we
approach new social problems. I've never been one to really fear or
question the stretch of government authority - but the way this CDC order
has been handled has been an eye-opener for me personally and
professionally. In addition to being an attorney I'm also a housing
provider. One of my goals was to provide affordable housing so I could help
people through difficult transitions in their lives. I virtually only
charge my tenant(s) what it costs me to keep the Property. However, the
reality is that the level of risk and lack of control that I have over the
Property that this situation has brought to light has made it clear that I
can't absorb that level of risk. So, like many of my clients, when it's
possible, there's really only one way to reduce that risk - sell out of
Washington which reduces the accessibility of affordable housing
(especially quality housing). Big landlords who develop large apartment
buildings will survive and probably thrive - but people who don't want to
raise their kids in apartment complexes (or in the New York large low-cost
complex model), will rarely have that opportunity.

Off of the soap box - the reality here is that the fact that owners and
housing providers are having to wait until the summer (which will be 14-16
months after the moratorium began) to come to this conclusion is a
miscarriage of justice and it's not equitable because equity requires an
assessment of both sides' circumstances. At least, it is in Washington when
Washington's own laws don't require any proof of COVID-19 impact and don't
consider the situation of the landowner. In one county I appeared in this
week, even when a Defendant files a CDC Declaration, the Commissioner will
not allow Plaintiff's counsel to question the facts declared by the
Defendant to demonstrate the patently false contents of the Declaration.
In another case I am involved in, the tenants have not paid a single dollar
in over a year and live in a 1.4 million dollar house on Lake Washington.
It's hard to say they've "lost their jobs" when they own their own
businesses. In another case the occupant is a subtenant that the landlord
never knew about or agreed to and this person is constantly posting all
over facebook vacationing in elaborate destinations while, once again, not
paying $1 in rent for over a year. A couple of weeks go I was barely able
to save a client from foreclosure due to the inability to remove the
occupants so that the Property could be sold on the open market.

I probably have 30-40 cases I've dealt with over the past year that involve
clear abuse of the protections. And I'm just one attorney in this field. So
if my experience is any indication of the level of abuse out there - it's
rampant and it will be the tax dollars that subsidize it when all this is
over.

In my humble opinion, the government is foisting it's responsibilities to
resolve the housing crisis onto private landowners without any compensation
(let alone "just" compensation). Moreover, there's no balance of the
equities even when the landlord has a really good reason to terminate the
occupancy to (for example) sell the Property. I'm working on several cases
involving elderly individuals needing to sell their rental properties in
order to pay for their own healthcare or to be able to afford housing of
their own. The justification for this is "well, these defendants still owe
the money so it's not technically a taking."  I understand housing is a
necessity - but so is food. I think what's going on now is analogous to
requiring private restaurants to allow people to come in and refuse to pay
for their meals because of COVID-19 and also require those restaurants to
continue feeding those individuals day after day while the pandemic is
going on because, well, food is a necessity. Obviously restaurants were
heavily impacted by the Pandemic, but at least they could shut their doors,
sell their business, or close up shop to stop their financial bleeding. Not
the same is true for housing providers.

I've been thinking creatively about other ways to challenge the CDC's
authority in Washington and have been wondering why housing providers can't
simply force a non-paying defendant to file for bankruptcy. Wouldn't a
housing provider be a creditor? What would happen if the housing provider
did force a tenant to file for bankruptcy? Wouldn't the trustee have the
authority whether or not to allow the lease to continue or to terminate it?
Wouldn't that create a jurisdictional showdown between the authority of the
CDC and the Bankruptcy court? Anyone have thoughts on that?

Kaitlyn


On Tue, Mar 9, 2021 at 11:06 AM Rob Rowley <rob at rowleylegal.com> wrote:

> Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
> which raised issues with evictions related to terminations based upon
> owner's intent to sell or occupy.  Dealing with the federal CDC eviction
> moratorium being declared unconstitutional by a Texas federal district
> court.  Oral argument on May 13.
>
>
> https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf
>
> I understand we can still issue notices just not proceed with eviction
> hearings.
>
>
>
>
>
> *Robert R Rowley*
> Attorney & Counselor at Law
>  (509) 252-5074  (509) 994-1143
>  (509) 928-3084  rowleylegal.com <http://www.rowleylegal.com/>
>  rob at rowleylegal.com
> Helping You Protect What Matters Most
> <https://www.facebook.com/rowleylegal>
> <https://www.twitter.com/ROBERTRROWLEY>
>
> *Practice concentrated on business, real estate and general legal matters
> in Washington and Idaho. *
>
> NOTICE: The contents of this message and any attachments may be protected
> by the attorney-client privilege, work product doctrine or other applicable
> protections. If you are not the intended recipient or have received this
> message in error, please notify the sender and promptly delete the message.
> Thank you for your assistance. DISCLAIMER: You should recognize that
> responses provided by e-mail means are akin to ordinary telephone or
> face-to-face conversations and do not reflect the level of factual or legal
> inquiry or analysis which would be applied in the case of a formal legal
> opinion. A formal opinion may very well reach a different conclusion.
>
>
> ***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



-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.

All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.

-- 
PRIVILEGED AND CONFIDENTIAL:??This e-mail (including any attachments) is 
intended only for the use of the individual or entity named above and may 
contain privileged or confidential information. If you are not the intended 
recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. Attempts to intercept 
this message are in violation of 18 USC 2511(1) of the Electronic 
Communications Privacy Act, which subjects the interceptor to fines, 
imprisonment and/or civil damages. If you have received this e-mail in 
error, please immediately notify us by e-mail, facsimile, or telephone; 
return the e-mail to us at the e-mail address below; and destroy all paper 
and electronic copies.?Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
the part of this firm?s client(s) or its agents.??IRS?CIRCULAR?230 
DISCLAIMER:??To ensure compliance with requirements imposed by the IRS, I 
inform you that any U.S. tax advice contained in this communication 
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------------------------------

Message: 3
Date: Tue, 9 Mar 2021 23:27:45 +0000
From: "Gregory L. Ursich" <gursich at insleebest.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] lfp problem
Message-ID:
    <MWHPR17MB15011C893E946A49391D510CDC929 at MWHPR17MB1501.namprd17.prod.outlook.com>
    
Content-Type: text/plain; charset="windows-1252"

Roger: I have dealt with these type of cases before, but not specifically involving Lake Forest Park.  I also live in Shoreline, close to LFP.  Happy to talk to the client. -Greg

[cid:image001.jpg at 01D714F8.963C0600]
Gregory L. Ursich
Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
vCard<http://www.insleebest.com/uploads/vcards/gursich.vcf> | website<http://www.insleebest.com/> | gursich at insleebest.com<mailto:gursich at insleebest.com>

This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Tuesday, March 09, 2021 10:51 AM
To: Real Property Listserve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] lfp problem

I am looking to refer a good client to a lawyer who has dealt with Lake Forest Park before and knows about respective rights and obligations between landowner and government.  It appears that my client's home is threatened by erosion created by faulty construction of a sewer on her property , by the city.

Roger Hawkes, WSBA # 5173                                                  [cid:image006.jpg at 01D714F8.963C0600]
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>

.

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Message: 4
Date: Tue, 9 Mar 2021 16:25:46 -0800
From: "Samuel M. Meyler" <samuel at meylerlegal.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
Message-ID:
    <!&!AAAAAAAAAAAuAAAAAAAAACbHoCsc1ItKmJ4fEYgZbykBAMO2jhD3dRHOtM0AqgC7tuYAAAAAAA4AABAAAAAan1CQxuu4T7Rv+BIVEbPMAQAAAAA=@meylerlegal.com>
    
Content-Type: text/plain; charset="us-ascii"

Listmates,

 

WAC 458-61A-214 provides an excise tax exemption for the subsequent transfer
of property by a "nominee" to a third-party (the intended buyer).  My
understanding is that FlyHomes uses this exemption to purchase properties
for cash on behalf of its clients and subsequently sell the property to the
client, without having to pay excise tax on the subsequent transfer.

 

For those who are unfamiliar, FlyHomes is a real estate firm with a lending
arm that allows its buyer-clients to present an "all cash offer" by
purchasing the home for the client for all cash and then selling it to the
client, allowing the client to essentially present an extremely competitive,
all-cash offer.  This is not a promo for FlyHome's services. I just find it
to be an interesting model and I am researching it.

 

Is anyone familiar with this type of transaction and how to document it?  I
know that the WAC provides examples and "explains" what documentation is
necessary, but I am wondering if someone may have actually prepared
materials documenting a transaction involving a nominee that have been
accepted when recording and if you would be able to share those materials
for review.  TIA

 

Sam 

 

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:  <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

NOTICE:

 

This electronic message contains information which may be Confidential or
Privileged and constitutes an electronic communication within the meaning of
the Electronic Communications Privacy Act 18 USC 2510. The information is
intended to be for the use of the individual or entity named above.  If you
are not the intended recipient, please be aware that any disclosure,
copying, distribution or use of the contents of this information is
prohibited.  If you received this transmission in error, please notify the
sender and delete the copy you received together with any attachments.
Thank you.

 

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

Message: 5
Date: Tue, 09 Mar 2021 17:44:30 -0700
From: <michael at westseattleattorney.com>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
Message-ID:
    <20210309174430.c4dc0bb2a322ec24c6317f4bf97284a6.71597b1ef8.wbe at email21.godaddy.com>
    
Content-Type: text/plain; charset="us-ascii"

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

Message: 6
Date: Wed, 10 Mar 2021 00:51:24 +0000
From: "marc holmeslawgroup.com" <marc at holmeslawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
Message-ID:
    <BYAPR15MB2199443F11B34BC9D816F006BD919 at BYAPR15MB2199.namprd15.prod.outlook.com>
    
Content-Type: text/plain; charset="us-ascii"

I am familiar with FlyHomes and have been very impressed with how far they've come since I first met the founders when they were just getting started.

You can probably find a home they've sold in King County on their website and then search the county recorder's website for the excise affidavits filed in that transaction.



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)

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Samuel M. Meyler
Sent: Tuesday, March 9, 2021 6:26 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes

Listmates,

WAC 458-61A-214 provides an excise tax exemption for the subsequent transfer of property by a "nominee" to a third-party (the intended buyer).  My understanding is that FlyHomes uses this exemption to purchase properties for cash on behalf of its clients and subsequently sell the property to the client, without having to pay excise tax on the subsequent transfer.

For those who are unfamiliar, FlyHomes is a real estate firm with a lending arm that allows its buyer-clients to present an "all cash offer" by purchasing the home for the client for all cash and then selling it to the client, allowing the client to essentially present an extremely competitive, all-cash offer.  This is not a promo for FlyHome's services... I just find it to be an interesting model and I am researching it.

Is anyone familiar with this type of transaction and how to document it?  I know that the WAC provides examples and "explains" what documentation is necessary, but I am wondering if someone may have actually prepared materials documenting a transaction involving a nominee that have been accepted when recording and if you would be able to share those materials for review.  TIA

Sam



Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

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

Message: 7
Date: Tue, 9 Mar 2021 17:05:32 -0800
From: "Samuel M. Meyler" <samuel at meylerlegal.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
Message-ID:
    <!&!AAAAAAAAAAAuAAAAAAAAACbHoCsc1ItKmJ4fEYgZbykBAMO2jhD3dRHOtM0AqgC7tuYAAAAAAA4AABAAAABMUHarR4NFQIJRQWOQ9gi8AQAAAAA=@meylerlegal.com>
    
Content-Type: text/plain; charset="us-ascii"

Thanks, Marc.  Yes, I have done that and seen what they attach to their
REETAs.  I am looking for some other examples as well.  

 

They have definitely come a long way in a short period of time.  They have a
good amount of investment to back them up.  It's a very interesting model.  

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:  <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

NOTICE:

 

This electronic message contains information which may be Confidential or
Privileged and constitutes an electronic communication within the meaning of
the Electronic Communications Privacy Act 18 USC 2510. The information is
intended to be for the use of the individual or entity named above.  If you
are not the intended recipient, please be aware that any disclosure,
copying, distribution or use of the contents of this information is
prohibited.  If you received this transmission in error, please notify the
sender and delete the copy you received together with any attachments.
Thank you.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of marc holmeslawgroup.com
Sent: Tuesday, March 9, 2021 4:51 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes

 

I am familiar with FlyHomes and have been very impressed with how far
they've come since I first met the founders when they were just getting
started.  

 

You can probably find a home they've sold in King County on their website
and then search the county recorder's website for the excise affidavits
filed in that transaction.

 

 

 

Marc Holmes, JD
Holmes Law Group PLLC

2303 W. Commodore Way, Suite 306

Seattle, WA 98199
 <mailto:marc at holmeslawgroup.com> marc at holmeslawgroup.com
(206) 357-4224 (ofc)
(206) 849-0853 (cell)

 

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 Samuel M. Meyler
Sent: Tuesday, March 9, 2021 6:26 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes

 

Listmates,

 

WAC 458-61A-214 provides an excise tax exemption for the subsequent transfer
of property by a "nominee" to a third-party (the intended buyer).  My
understanding is that FlyHomes uses this exemption to purchase properties
for cash on behalf of its clients and subsequently sell the property to the
client, without having to pay excise tax on the subsequent transfer.

 

For those who are unfamiliar, FlyHomes is a real estate firm with a lending
arm that allows its buyer-clients to present an "all cash offer" by
purchasing the home for the client for all cash and then selling it to the
client, allowing the client to essentially present an extremely competitive,
all-cash offer.  This is not a promo for FlyHome's services. I just find it
to be an interesting model and I am researching it.

 

Is anyone familiar with this type of transaction and how to document it?  I
know that the WAC provides examples and "explains" what documentation is
necessary, but I am wondering if someone may have actually prepared
materials documenting a transaction involving a nominee that have been
accepted when recording and if you would be able to share those materials
for review.  TIA

 

Sam 

 

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:  <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

NOTICE:

 

This electronic message contains information which may be Confidential or
Privileged and constitutes an electronic communication within the meaning of
the Electronic Communications Privacy Act 18 USC 2510. The information is
intended to be for the use of the individual or entity named above.  If you
are not the intended recipient, please be aware that any disclosure,
copying, distribution or use of the contents of this information is
prohibited.  If you received this transmission in error, please notify the
sender and delete the copy you received together with any attachments.
Thank you.

 

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

Message: 8
Date: Tue, 9 Mar 2021 17:44:26 -0800
From: "Robert R. Cole" <cole-gilday at stanwoodlaw.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
Message-ID: <cc47ea15-d49f-d466-becd-8274afcff6ef at stanwoodlaw.net>
Content-Type: text/plain; charset="windows-1252"; Format="flowed"

Just because the treasurer allows it doesn't mean it works.? I had one 
that DOR notified us 2 years later that they had problems.? Have to do 
all the details.

Very Truly Yours,

Robert R. Cole

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.

On 3/9/2021 5:05 PM, Samuel M. Meyler wrote:
>
> Thanks, Marc.? Yes, I have done that and seen what they attach to 
> their REETAs.? I am looking for some other examples as well.
>
> They have definitely come a long way in a short period of time.? They 
> have a good amount of investment to back them up.? It?s a very 
> interesting model.
>
> **
>
> *Samuel M. Meyler*
>
> *Meyler Legal, PLLC *
>
> 1700 Westlake Ave. N., Ste. 200
>
> Seattle, Washington 98109
>
> *Tel:*206.876.7770
>
> *Fax:*206.876.7771
>
> *Email:*samuel at meylerlegal.com <mailto:samuel at meylerlegal.com>
>
> *NOTICE:*
>
> This electronic message contains information which may be Confidential 
> or Privileged and constitutes an electronic communication within the 
> meaning of the Electronic Communications Privacy Act 18 USC 2510. The 
> information is intended to be for the use of the individual or entity 
> named above.? If you are not the intended recipient, please be aware 
> that any disclosure, copying, distribution or use of the contents of 
> this information is prohibited. If you received this transmission in 
> error, please notify the sender and delete the copy you received 
> together with any attachments.? Thank you.
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *marc holmeslawgroup.com
> *Sent:* Tuesday, March 9, 2021 4:51 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
>
> I am familiar with FlyHomes and have been very impressed with how far 
> they?ve come since I first met the founders when they were just 
> getting started.
>
> You can probably find a home they?ve sold in King County on their 
> website and then search the county recorder?s website for the excise 
> affidavits filed in that transaction.
>
> 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)
>
> *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 *Samuel M. 
> Meyler
> *Sent:* Tuesday, March 9, 2021 6:26 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com 
> <mailto:wsbarp at lists.wsbarppt.com>>
> *Subject:* [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
>
> Listmates,
>
> WAC 458-61A-214 provides an excise tax exemption for the subsequent 
> transfer of property by a ?nominee? to a third-party (the intended 
> buyer).? My understanding is that FlyHomes uses this exemption to 
> purchase properties for cash on behalf of its clients and subsequently 
> sell the property to the client, without having to pay excise tax on 
> the subsequent transfer.
>
> For those who are unfamiliar, FlyHomes is a real estate firm with a 
> lending arm that allows its buyer-clients to present an ?all cash 
> offer? by purchasing the home for the client for all cash and then 
> selling it to the client, allowing the client to essentially present 
> an extremely competitive, all-cash offer.? This is not a promo for 
> FlyHome?s services? I just find it to be an interesting model and I am 
> researching it.
>
> Is anyone familiar with this type of transaction and how to document 
> it?? I know that the WAC provides examples and ?explains? what 
> documentation is necessary, but I am wondering if someone may have 
> actually prepared materials documenting a transaction involving a 
> nominee that have been accepted when recording and if you would be 
> able to share those materials for review.? TIA
>
> Sam
>
> **
>
> *Samuel M. Meyler*
>
> *Meyler Legal, PLLC *
>
> 1700 Westlake Ave. N., Ste. 200
>
> Seattle, Washington 98109
>
> *Tel:*206.876.7770
>
> *Fax:*206.876.7771
>
> *Email:*samuel at meylerlegal.com <mailto:samuel at meylerlegal.com>
>
> *NOTICE:*
>
> This electronic message contains information which may be Confidential 
> or Privileged and constitutes an electronic communication within the 
> meaning of the Electronic Communications Privacy Act 18 USC 2510. The 
> information is intended to be for the use of the individual or entity 
> named above.? If you are not the intended recipient, please be aware 
> that any disclosure, copying, distribution or use of the contents of 
> this information is prohibited.? If you received this transmission in 
> error, please notify the sender and delete the copy you received 
> together with any attachments.? 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
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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------------------------------

Message: 9
Date: Tue, 9 Mar 2021 18:20:30 -0800
From: "Samuel M. Meyler" <samuel at meylerlegal.com>
To: <cole-gilday at stanwoodlaw.net>, "'WSBA Real Property Listserv'"
    <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
Message-ID:
    <!&!AAAAAAAAAAAuAAAAAAAAACbHoCsc1ItKmJ4fEYgZbykBAMO2jhD3dRHOtM0AqgC7tuYAAAAAAA4AABAAAAAm4tRX0tnJQImbC5RFZxceAQAAAAA=@meylerlegal.com>
    
Content-Type: text/plain; charset="us-ascii"

Robert,

 

Yes, that's a concern and why I am asking for examples of transaction docs
that other have used.  

 

Does the issue with DOR that you are dealing with relate to the use of a
nominee to purchase property and the exemption under WAC 458-61A-214?  It
would be good to know what issues DOR has with such transactions.  

 

Sam

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:  <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

NOTICE:

 

This electronic message contains information which may be Confidential or
Privileged and constitutes an electronic communication within the meaning of
the Electronic Communications Privacy Act 18 USC 2510. The information is
intended to be for the use of the individual or entity named above.  If you
are not the intended recipient, please be aware that any disclosure,
copying, distribution or use of the contents of this information is
prohibited.  If you received this transmission in error, please notify the
sender and delete the copy you received together with any attachments.
Thank you.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Robert R. Cole
Sent: Tuesday, March 9, 2021 5:44 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes

 

Just because the treasurer allows it doesn't mean it works.  I had one that
DOR notified us 2 years later that they had problems.  Have to do all the
details.  

 

Very Truly Yours,

Robert R. Cole

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.

 

On 3/9/2021 5:05 PM, Samuel M. Meyler wrote:

Thanks, Marc.  Yes, I have done that and seen what they attach to their
REETAs.  I am looking for some other examples as well.  

 

They have definitely come a long way in a short period of time.  They have a
good amount of investment to back them up.  It's a very interesting model.  

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:  <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

NOTICE:

 

This electronic message contains information which may be Confidential or
Privileged and constitutes an electronic communication within the meaning of
the Electronic Communications Privacy Act 18 USC 2510. The information is
intended to be for the use of the individual or entity named above.  If you
are not the intended recipient, please be aware that any disclosure,
copying, distribution or use of the contents of this information is
prohibited.  If you received this transmission in error, please notify the
sender and delete the copy you received together with any attachments.
Thank you.

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com> On Behalf Of marc holmeslawgroup.com
Sent: Tuesday, March 9, 2021 4:51 PM
To: WSBA Real Property Listserv  <mailto:wsbarp at lists.wsbarppt.com>
<wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes

 

I am familiar with FlyHomes and have been very impressed with how far
they've come since I first met the founders when they were just getting
started.  

 

You can probably find a home they've sold in King County on their website
and then search the county recorder's website for the excise affidavits
filed in that transaction.

 

 

 

Marc Holmes, JD
Holmes Law Group PLLC

2303 W. Commodore Way, Suite 306

Seattle, WA 98199
 <mailto:marc at holmeslawgroup.com> marc at holmeslawgroup.com
(206) 357-4224 (ofc)
(206) 849-0853 (cell)

 

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 Samuel M. Meyler
Sent: Tuesday, March 9, 2021 6:26 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes

 

Listmates,

 

WAC 458-61A-214 provides an excise tax exemption for the subsequent transfer
of property by a "nominee" to a third-party (the intended buyer).  My
understanding is that FlyHomes uses this exemption to purchase properties
for cash on behalf of its clients and subsequently sell the property to the
client, without having to pay excise tax on the subsequent transfer.

 

For those who are unfamiliar, FlyHomes is a real estate firm with a lending
arm that allows its buyer-clients to present an "all cash offer" by
purchasing the home for the client for all cash and then selling it to the
client, allowing the client to essentially present an extremely competitive,
all-cash offer.  This is not a promo for FlyHome's services. I just find it
to be an interesting model and I am researching it.

 

Is anyone familiar with this type of transaction and how to document it?  I
know that the WAC provides examples and "explains" what documentation is
necessary, but I am wondering if someone may have actually prepared
materials documenting a transaction involving a nominee that have been
accepted when recording and if you would be able to share those materials
for review.  TIA

 

Sam 

 

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:  <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

NOTICE:

 

This electronic message contains information which may be Confidential or
Privileged and constitutes an electronic communication within the meaning of
the Electronic Communications Privacy Act 18 USC 2510. The information is
intended to be for the use of the individual or entity named above.  If you
are not the intended recipient, please be aware that any disclosure,
copying, distribution or use of the contents of this information is
prohibited.  If you received this transmission in error, please notify the
sender and delete the copy you received together with any attachments.
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.***
 
_______________________________________________
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Message: 10
Date: Tue, 9 Mar 2021 22:04:04 -0500
From: Scott Osborne <scott.osborne2 at gmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
Message-ID: <8949BA0F-061A-4A57-85E1-275686AAA78A at gmail.com>
Content-Type: text/plain; charset="utf-8"

Does the ultimate owner receive a title policy insuring against the potential excise tax?

Scott Osborne

scott.osborne2 at gmail.com
scott.osborne at foster.com
206 447-6293 - Direct Line
206 359-5454 Cell

Sent from my iPhone

> On Mar 9, 2021, at 9:24 PM, Samuel M. Meyler <samuel at meylerlegal.com> wrote:
> 
> ?
> Robert,
>  
> Yes, that?s a concern and why I am asking for examples of transaction docs that other have used. 
>  
> Does the issue with DOR that you are dealing with relate to the use of a nominee to purchase property and the exemption under WAC 458-61A-214?  It would be good to know what issues DOR has with such transactions. 
>  
> Sam
>  
>  
> Samuel M. Meyler
> Meyler Legal, PLLC 
> 1700 Westlake Ave. N., Ste. 200
> Seattle, Washington 98109
> Tel:  206.876.7770
> Fax:  206.876.7771
> Email:  samuel at meylerlegal.com
>  
> NOTICE:
>  
> This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.
>  
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Robert R. Cole
> Sent: Tuesday, March 9, 2021 5:44 PM
> To: wsbarp at lists.wsbarppt.com
> Subject: Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
>  
> Just because the treasurer allows it doesn't mean it works.  I had one that DOR notified us 2 years later that they had problems.  Have to do all the details. 
> 
>  
> Very Truly Yours,
> Robert R. Cole
> 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.
>  
> On 3/9/2021 5:05 PM, Samuel M. Meyler wrote:
> Thanks, Marc.  Yes, I have done that and seen what they attach to their REETAs.  I am looking for some other examples as well. 
>  
> They have definitely come a long way in a short period of time.  They have a good amount of investment to back them up.  It?s a very interesting model. 
>  
>  
> Samuel M. Meyler
> Meyler Legal, PLLC 
> 1700 Westlake Ave. N., Ste. 200
> Seattle, Washington 98109
> Tel:  206.876.7770
> Fax:  206.876.7771
> Email:  samuel at meylerlegal.com
>  
> NOTICE:
>  
> This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.
>  
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of marc holmeslawgroup.com
> Sent: Tuesday, March 9, 2021 4:51 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
>  
> I am familiar with FlyHomes and have been very impressed with how far they?ve come since I first met the founders when they were just getting started. 
>  
> You can probably find a home they?ve sold in King County on their website and then search the county recorder?s website for the excise affidavits filed in that transaction.
>  
>  
>  
> Marc Holmes, JD
> Holmes Law Group PLLC
> 2303 W. Commodore Way, Suite 306
> Seattle, WA 98199
> marc at holmeslawgroup.com
> (206) 357-4224 (ofc)
> (206) 849-0853 (cell)
>  
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Samuel M. Meyler
> Sent: Tuesday, March 9, 2021 6:26 PM
> To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Nominees; WAC 458-61A-214; Flyhomes
>  
> Listmates,
>  
> WAC 458-61A-214 provides an excise tax exemption for the subsequent transfer of property by a ?nominee? to a third-party (the intended buyer).  My understanding is that FlyHomes uses this exemption to purchase properties for cash on behalf of its clients and subsequently sell the property to the client, without having to pay excise tax on the subsequent transfer.
>  
> For those who are unfamiliar, FlyHomes is a real estate firm with a lending arm that allows its buyer-clients to present an ?all cash offer? by purchasing the home for the client for all cash and then selling it to the client, allowing the client to essentially present an extremely competitive, all-cash offer.  This is not a promo for FlyHome?s services? I just find it to be an interesting model and I am researching it.
>  
> Is anyone familiar with this type of transaction and how to document it?  I know that the WAC provides examples and ?explains? what documentation is necessary, but I am wondering if someone may have actually prepared materials documenting a transaction involving a nominee that have been accepted when recording and if you would be able to share those materials for review.  TIA
>  
> Sam
>  
>  
>  
> Samuel M. Meyler
> Meyler Legal, PLLC 
> 1700 Westlake Ave. N., Ste. 200
> Seattle, Washington 98109
> Tel:  206.876.7770
> Fax:  206.876.7771
> Email:  samuel at meylerlegal.com
>  
> NOTICE:
>  
> This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  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
> http://mailman.fsr.com/mailman/listinfo/wsbarp
> ***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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Message: 11
Date: Wed, 10 Mar 2021 03:48:12 +0000 (UTC)
From: Stephen Whitehouse <swhite8893 at aol.com>
To: "wsbarp-request at lists.wsbarppt.com"
    <wsbarp-request at lists.wsbarppt.com>, "wsbarp at lists.wsbarppt.com"
    <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WSBARP Digest, Vol 78, Issue 6
Message-ID: <1534247728.2034431.1615348092421 at mail.yahoo.com>
Content-Type: text/plain; charset="utf-8"

Jeff,? ? ? Your facts are not fully clear. Is the trail in the easement? Are there any restrictions on the short plats? Is the easement exclusive?? ? ? So let me hazard a guess that the trail is over the easement and is solely over the property on the right, ?there are no restrictions and it is not exclusive. As a general rule, the owner on?the right can allow other people to use the easement area, but only the part on his/her lot and the other people cannot restrict it unless it is interfering with the use of the easement rights?by the other easement holders, or is creating a nuisance.?? ? ? Where does the easement go to? Who controls the property at the end of the easement? That may be an issue as well.
Steve? ? ??

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


-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Tue, Mar 9, 2021 12:00 pm
Subject: WSBARP Digest, Vol 78, Issue 6

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. HOA dues foreclosure under covid (Craig Gourley)
? 2. Adjoining Short Plat Lot Owner Opens Walking Trail and??? allows
? ? ? Public Use (Jeff at bellanddavispllc.com)
? 3. lfp problem (Roger Hawkes)
? 4. Supreme Court - Eviction Moratorium - McCrea v Drury (Rob Rowley)
? 5. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
? ? ? (Tom Westbrook)
? 6. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
? ? ? (Bryce Dille)
? 7. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
? ? ? (Tom Westbrook)
? 8. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
? ? ? (Kaitlyn Jackson)
? 9. Re: Supreme Court - Eviction Moratorium - McCrea v Drury
? ? ? (Kaitlyn Jackson)


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

Message: 1
Date: Tue, 9 Mar 2021 13:50:38 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA dues foreclosure under covid
Message-ID:
??? <MW3PR12MB43468D436EBF8CA63620B43DAE929 at MW3PR12MB4346.namprd12.prod.outlook.com>
??? 
Content-Type: text/plain; charset="us-ascii"

Listmates. Has anyone had experience with Condo dues foreclosure under covid? I don't recall it being addressed in any moratorium but am wondering about real world enforcement by the courts. Thanks to all.

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/ghei36>
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Message: 2
Date: Tue, 9 Mar 2021 10:39:02 -0800
From: <Jeff at bellanddavispllc.com>
To: <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Adjoining Short Plat Lot Owner Opens Walking Trail
??? and??? allows Public Use
Message-ID: <00f201d71513$7aed6860$70c83920$@bellanddavispllc.com>
Content-Type: text/plain; charset="us-ascii"

Listmates, 

 

Two separate, but adjoining short plats share a common ingress/egress
easement.? An owner, in the? "short plat on the right" opened a walking
trail through his lot and allows the general public to use it.? This allows
people from outside the two short plats to go through lots and resulted in
increased litter and pet problems.? Questions are: 1)? can the other lots
owners require the one to block access through his property, or 2) can other
lot owners block non-easement holders access through their properties?? I
think the answer is yes, at least to #2, but in today's uncertain world, I
would like your opinions.

 

Jeff Davis

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Message: 3
Date: Tue, 9 Mar 2021 18:50:53 +0000
From: Roger Hawkes <Roger at law-hawks.com>
To: Real Property Listserve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] lfp problem
Message-ID:
??? <MN2PR16MB2750E525EBF72A5EF5CC6627E9929 at MN2PR16MB2750.namprd16.prod.outlook.com>
??? 
Content-Type: text/plain; charset="us-ascii"

I am looking to refer a good client to a lawyer who has dealt with Lake Forest Park before and knows about respective rights and obligations between landowner and government.? It appears that my client's home is threatened by erosion created by faulty construction of a sewer on her property , by the city.

Roger Hawkes, WSBA # 5173? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? [cid:image001.jpg at 01D714D2.135145A0]
Shoreline Office: 19944 Ballinger Way NE
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? Shoreline, WA 98155
Sultan Office:? ? ? ? 423 Main
? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>

.

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Message: 4
Date: Tue, 9 Mar 2021 11:03:01 -0800
From: Rob Rowley <rob at rowleylegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury
Message-ID: <23e9565525bef269332c28dbddcbdb2b at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
which raised issues with evictions related to terminations based upon
owner's intent to sell or occupy.? Dealing with the federal CDC eviction
moratorium being declared unconstitutional by a Texas federal district
court.? Oral argument on May 13.

https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

I understand we can still issue notices just not proceed with eviction
hearings.





*Robert R Rowley*
Attorney & Counselor at Law
 (509) 252-5074? (509) 994-1143
 (509) 928-3084 <fax:(509)%20928-3084>? rowleylegal.com
<http://www.rowleylegal.com/>
 rob at rowleylegal.com
Helping You Protect What Matters Most
<https://www.facebook.com/rowleylegal>
<https://www.twitter.com/ROBERTRROWLEY>

*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *

NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections. If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the message.
Thank you for your assistance. DISCLAIMER: You should recognize that
responses provided by e-mail means are akin to ordinary telephone or
face-to-face conversations and do not reflect the level of factual or legal
inquiry or analysis which would be applied in the case of a formal legal
opinion. A formal opinion may very well reach a different conclusion.
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------------------------------

Message: 5
Date: Tue, 9 Mar 2021 11:14:10 -0800
From: Tom Westbrook <tjw at w3net.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
??? Drury
Message-ID: <6723db35fef3107f7d249651d238309e at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Yes???Ugh!



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

Skype: thomas.westbrook

www.buddbaylaw.com



The information contained in this email and attachment(s) are for the
exclusive use of the addressee(s) and may contain private, privileged
and/or confidential information.? If you are not the addressee, you are
strictly prohibited from reading, photocopying, distributing or otherwise
using this email or its contents in any way. If you have received this
communication in error, please notify us immediately by telephone at
360-352-8311 or by e-mail to reception at buddbaylaw.com, and destroy the
original message from your electronic files.



COVID-19 UPDATE:

s Rodgers Kee Card & Strophy will no longer maintain ?open? hours at the
physical office.

s All the staff is working remotely.? We are routinely monitoring our voice
mail and email, which is the best way to communicate during this period.

s We are still taking new clients but consultations will be telephonic or
via video conferencing, and any in-person meetings will be by appointment
and only if necessary to execute documents.

s Please provide necessary documents to us by scan and email, where
possible, or by mail if not.

s We anticipate these changes will be effective for the foreseeable
future.? We are doing everything we can to maintain the level of service
and professionalism we?ve always provided, even in the face of this public
health crisis. Thank you in advance for your patience and understanding.
 We look forward to the soonest possible return to full operations and
continued service to our clients.















*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Rob Rowley
*Sent:* Tuesday, March 09, 2021 11:03 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury



Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
which raised issues with evictions related to terminations based upon
owner's intent to sell or occupy.? Dealing with the federal CDC eviction
moratorium being declared unconstitutional by a Texas federal district
court.? Oral argument on May 13.

https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

I understand we can still issue notices just not proceed with eviction
hearings.





*Robert R Rowley*
Attorney & Counselor at Law
 (509) 252-5074? (509) 994-1143
 (509) 928-3084 <fax:(509)%20928-3084>? rowleylegal.com
<http://www.rowleylegal.com/>
 rob at rowleylegal.com
Helping You Protect What Matters Most
<https://www.facebook.com/rowleylegal>
<https://www.twitter.com/ROBERTRROWLEY>

*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *

NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections. If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the message.
Thank you for your assistance. DISCLAIMER: You should recognize that
responses provided by e-mail means are akin to ordinary telephone or
face-to-face conversations and do not reflect the level of factual or legal
inquiry or analysis which would be applied in the case of a formal legal
opinion. A formal opinion may very well reach a different conclusion.
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------------------------------

Message: 6
Date: Tue, 9 Mar 2021 19:33:23 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
??? Drury
Message-ID:
??? <MW3PR11MB45883E6BBE53B7B9C5C45C23C8929 at MW3PR11MB4588.namprd11.prod.outlook.com>
??? 
Content-Type: text/plain; charset="utf-8"

What about evictions arising out of non landlord tenant situations where PR is attempting to evict a family member from decedents house after 60 day notice to sell was given and we are in action for ejectment.

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 Rob Rowley
Sent: Tuesday, March 9, 2021 11:03 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury


Any thoughts on the February 4, 2021 Supreme Court commissioners ruling which raised issues with evictions related to terminations based upon owner's intent to sell or occupy.? Dealing with the federal CDC eviction moratorium being declared unconstitutional by a Texas federal district court.? Oral argument on May 13.

https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

I understand we can still issue notices just not proceed with eviction hearings.


[cid:image001.jpg at 01D714D8.0334EA90]
Robert R Rowley
Attorney & Counselor at Law
[cid:image002.png at 01D714D8.0334EA90] (509) 252-5074<tel:(509)%20252-5074>? [cid:image003.png at 01D714D8.0334EA90]? (509) 994-1143<tel:(509)%20994-1143>
[cid:image004.png at 01D714D8.0334EA90] (509) 928-3084<fax:(509)%20928-3084>? [cid:image005.png at 01D714D8.0334EA90]? rowleylegal.com<http://www.rowleylegal.com/>
[cid:image006.png at 01D714D8.0334EA90] rob at rowleylegal.com<mailto:rob at rowleylegal.com>
Helping You Protect What Matters Most
[cid:image007.png at 01D714D8.0334EA90]<https://www.facebook.com/rowleylegal>? [cid:image008.png at 01D714D8.0334EA90] <https://www.twitter.com/ROBERTRROWLEY>
Practice concentrated on business, real estate and general legal matters in Washington and Idaho.
NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.

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

Message: 7
Date: Tue, 9 Mar 2021 11:38:28 -0800
From: Tom Westbrook <tjw at w3net.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
??? Drury
Message-ID: <61e0a6ce1e323385eb9ee9f00cd94de9 at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Bryce, I have the same concern time 3 in various stages of the 60 day
period. I guess the question is, how will our Superior Court Judges react
to this?



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

Skype: thomas.westbrook

www.buddbaylaw.com



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original message from your electronic files.



COVID-19 UPDATE:

s Rodgers Kee Card & Strophy will no longer maintain ?open? hours at the
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s All the staff is working remotely.? We are routinely monitoring our voice
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s Please provide necessary documents to us by scan and email, where
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s We anticipate these changes will be effective for the foreseeable
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and professionalism we?ve always provided, even in the face of this public
health crisis. Thank you in advance for your patience and understanding.
 We look forward to the soonest possible return to full operations and
continued service to our clients.















*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Bryce Dille
*Sent:* Tuesday, March 09, 2021 11:33 AM
*To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury



What about evictions arising out of non landlord tenant situations where PR
is attempting to evict a family member from decedents house after 60 day
notice to sell was given and we are in action for ejectment.



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 *Rob Rowley
*Sent:* Tuesday, March 9, 2021 11:03 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury



Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
which raised issues with evictions related to terminations based upon
owner's intent to sell or occupy.? Dealing with the federal CDC eviction
moratorium being declared unconstitutional by a Texas federal district
court.? Oral argument on May 13.

https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

I understand we can still issue notices just not proceed with eviction
hearings.





*Robert R Rowley*
Attorney & Counselor at Law
 (509) 252-5074? (509) 994-1143
 (509) 928-3084 <fax:(509)%20928-3084>? rowleylegal.com
<http://www.rowleylegal.com/>
 rob at rowleylegal.com
Helping You Protect What Matters Most
<https://www.facebook.com/rowleylegal>
<https://www.twitter.com/ROBERTRROWLEY>

*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *

NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections. If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the message.
Thank you for your assistance. DISCLAIMER: You should recognize that
responses provided by e-mail means are akin to ordinary telephone or
face-to-face conversations and do not reflect the level of factual or legal
inquiry or analysis which would be applied in the case of a formal legal
opinion. A formal opinion may very well reach a different conclusion.
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------------------------------

Message: 8
Date: Tue, 9 Mar 2021 11:41:47 -0800
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
??? Drury
Message-ID:
??? <CAO+NF_464x2QFfkwAuUJkO0YLS8Sdn9D+b6sW=mC4j-ZjTV6sw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Bryce -

Theoretically, if the occupant submits the CDC Declaration, then under the
current legal justification, the occupant would be protected.

If you look at the CDC's terribly drafted "Order" you will see it applies
to a "landlord, owner of a residential property, or other person with a
legal right to pursue eviction or possessory action" and? "covered persons"
are defined as "tenant, lessee, or resident of a residential property."

The way I read it is that under the broad interpretation being applied, it
even applies to a squatter or a trespasser. The CDC's Order does not (to my
knowledge) even require the person, be on the property legally.



On Tue, Mar 9, 2021 at 11:36 AM Bryce Dille <Bryce at dillelaw.com> wrote:

> What about evictions arising out of non landlord tenant situations where
> PR is attempting to evict a family member from decedents house after 60 day
> notice to sell was given and we are in action for ejectment.
>
>
>
> 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 *Rob Rowley
> *Sent:* Tuesday, March 9, 2021 11:03 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury
>
>
>
> Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
> which raised issues with evictions related to terminations based upon
> owner's intent to sell or occupy.? Dealing with the federal CDC eviction
> moratorium being declared unconstitutional by a Texas federal district
> court.? Oral argument on May 13.
>
>
> https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf
>
> I understand we can still issue notices just not proceed with eviction
> hearings.
>
>
>
>
>
> *Robert R Rowley*
> Attorney & Counselor at Law
>? (509) 252-5074 <(509)%20252-5074>? (509) 994-1143 <(509)%20994-1143>
>? (509) 928-3084? rowleylegal.com <http://www.rowleylegal.com/>
>? rob at rowleylegal.com
> Helping You Protect What Matters Most
> <https://www.facebook.com/rowleylegal>
> <https://www.twitter.com/ROBERTRROWLEY>
>
> *Practice concentrated on business, real estate and general legal matters
> in Washington and Idaho. *
>
> NOTICE: The contents of this message and any attachments may be protected
> by the attorney-client privilege, work product doctrine or other applicable
> protections. If you are not the intended recipient or have received this
> message in error, please notify the sender and promptly delete the message.
> Thank you for your assistance. DISCLAIMER: You should recognize that
> responses provided by e-mail means are akin to ordinary telephone or
> face-to-face conversations and do not reflect the level of factual or legal
> inquiry or analysis which would be applied in the case of a formal legal
> opinion. A formal opinion may very well reach a different conclusion.
>
>
> ***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



-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.

All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
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------------------------------

Message: 9
Date: Tue, 9 Mar 2021 11:48:19 -0800
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v
??? Drury
Message-ID:
??? <CAO+NF_77m2aYtTxK+v0eZfHa_8qbmFcJxgirjBQzajVu-cjc3w at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Bryce -

Let me correct. In the Order, they further define "Residential Property" as
"property leased for residential purposes...". So, you might be able to
argue the CDC Order does not apply. However, if there's any evidence that
the occupant *paid *for anything that could be construed to create an
implied contract to rent, then the CDC could be argued to apply.

On Tue, Mar 9, 2021 at 11:41 AM Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
wrote:

> Bryce -
>
> Theoretically, if the occupant submits the CDC Declaration, then under the
> current legal justification, the occupant would be protected.
>
> If you look at the CDC's terribly drafted "Order" you will see it applies
> to a "landlord, owner of a residential property, or other person with a
> legal right to pursue eviction or possessory action" and? "covered persons"
> are defined as "tenant, lessee, or resident of a residential property."
>
> The way I read it is that under the broad interpretation being applied, it
> even applies to a squatter or a trespasser. The CDC's Order does not (to my
> knowledge) even require the person, be on the property legally.
>
>
>
> On Tue, Mar 9, 2021 at 11:36 AM Bryce Dille <Bryce at dillelaw.com> wrote:
>
>> What about evictions arising out of non landlord tenant situations where
>> PR is attempting to evict a family member from decedents house after 60 day
>> notice to sell was given and we are in action for ejectment.
>>
>>
>>
>> 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 *Rob Rowley
>> *Sent:* Tuesday, March 9, 2021 11:03 AM
>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> *Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury
>>
>>
>>
>> Any thoughts on the February 4, 2021 Supreme Court commissioners ruling
>> which raised issues with evictions related to terminations based upon
>> owner's intent to sell or occupy.? Dealing with the federal CDC eviction
>> moratorium being declared unconstitutional by a Texas federal district
>> court.? Oral argument on May 13.
>>
>>
>> https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf
>>
>> I understand we can still issue notices just not proceed with eviction
>> hearings.
>>
>>
>>
>>
>>
>> *Robert R Rowley*
>> Attorney & Counselor at Law
>>? (509) 252-5074 <(509)%20252-5074>? (509) 994-1143 <(509)%20994-1143>
>>? (509) 928-3084? rowleylegal.com <http://www.rowleylegal.com/>
>>? rob at rowleylegal.com
>> Helping You Protect What Matters Most
>> <https://www.facebook.com/rowleylegal>
>> <https://www.twitter.com/ROBERTRROWLEY>
>>
>> *Practice concentrated on business, real estate and general legal matters
>> in Washington and Idaho. *
>>
>> NOTICE: The contents of this message and any attachments may be protected
>> by the attorney-client privilege, work product doctrine or other applicable
>> protections. If you are not the intended recipient or have received this
>> message in error, please notify the sender and promptly delete the message.
>> Thank you for your assistance. DISCLAIMER: You should recognize that
>> responses provided by e-mail means are akin to ordinary telephone or
>> face-to-face conversations and do not reflect the level of factual or legal
>> inquiry or analysis which would be applied in the case of a formal legal
>> opinion. A formal opinion may very well reach a different conclusion.
>>
>>
>> ***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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>
>
> --
> Thank you,
>
> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
> t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
> www.dimensionlaw.com
>
> Covid-19 Update - Dimension Law Group remains available to serve our
> clients and the public during this time, subject to the orders and
> recommendations of government authority.
>
> All attorneys and staff are working remotely regular business hours and
> are available via email and by phone. Videoconferencing also is available. We
> will continue to advise and support our clients throughout this health
> emergency.
>


-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.

All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.

-- 
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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 others.***
_______________________________________________
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http://mailman.fsr.com/mailman/listinfo/wsbarp

End of WSBARP Digest, Vol 78, Issue 6
*************************************
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Message: 12
Date: Wed, 10 Mar 2021 14:01:26 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Condo dues foreclosure
Message-ID:
    <MW3PR12MB4346A3B6B7D6E475B60BF9D3AE919 at MW3PR12MB4346.namprd12.prod.outlook.com>
    
Content-Type: text/plain; charset="us-ascii"

Reposting this. Has anyone had an issue with foreclosure on codo dues? I don'tthinkit is covered under the moratorium but.wondering if courts are enforcing these actions in light if covid. Thanks

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/ghei36>
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Message: 13
Date: Wed, 10 Mar 2021 06:31:41 -0800
From: "Samuel M. Meyler" <samuel at meylerlegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Condo dues foreclosure
Message-ID: <14B915B7-5A5D-47DD-8BA2-0CD8C0D44051 at meylerlegal.com>
Content-Type: text/plain; charset="utf-8"

Craig,

Check out the Governor?s Proclamation 20-51 et seq. The current version prevents condominiums and HOAs from charging late fees for delinquent assessments but does not outright restrict foreclosure. I believe the original version did restrict foreclosure but that has since been amended. 


Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, WA 98109
Main: 206-876-7770
Fax: 206-876-7771
Direct: 206-876-7772
Email: samuel at meylerlegal.com

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

> On Mar 10, 2021, at 6:09 AM, Craig Gourley <craig at glgmail.com> wrote:
> ?
> Reposting this. Has anyone had an issue with foreclosure on codo dues? I don'tthinkit is covered under the moratorium but.wondering if courts are enforcing these actions in light if covid. Thanks
> 
> Sent from my Verizon, Samsung Galaxy smartphone
> Get Outlook for Android
> ***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.***
> 
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> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 14
Date: Wed, 10 Mar 2021 14:37:12 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Condo dues foreclosure
Message-ID:
    <MW3PR12MB43464BF7BD9EED8E7953DF43AE919 at MW3PR12MB4346.namprd12.prod.outlook.com>
    
Content-Type: text/plain; charset="utf-8"

Thank you. I know that courts and in some cases local law enforcement have refused to enforce actions eviction allowed under the moratorium and was wondering if anyone had that same experience with hoa dues actions.

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/ghei36>

________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Samuel M. Meyler <samuel at meylerlegal.com>
Sent: Wednesday, March 10, 2021 8:31:41 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Condo dues foreclosure

Craig,

Check out the Governor?s Proclamation 20-51 et seq. The current version prevents condominiums and HOAs from charging late fees for delinquent assessments but does not outright restrict foreclosure. I believe the original version did restrict foreclosure but that has since been amended.



Samuel M. Meyler

Meyler Legal, PLLC

1700 Westlake Ave. N., Ste. 200

Seattle, WA 98109

Main: 206-876-7770

Fax: 206-876-7771

Direct: 206-876-7772

Email: samuel at meylerlegal.com


NOTICE:


This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

On Mar 10, 2021, at 6:09 AM, Craig Gourley <craig at glgmail.com> wrote:

?
Reposting this. Has anyone had an issue with foreclosure on codo dues? I don'tthinkit is covered under the moratorium but.wondering if courts are enforcing these actions in light if covid. Thanks

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/ghei36>
***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.***

_______________________________________________
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Message: 15
Date: Wed, 10 Mar 2021 08:54:36 -0800
From: <Jeff at bellanddavispllc.com>
To: "'Stephen Whitehouse'" <swhite8893 at aol.com>, "'WSBA Real Property
    Listserv'" <wsbarp at lists.wsbarppt.com>,
    <wsbarp-request at lists.wsbarppt.com>
Subject: Re: [WSBARP] WSBARP Digest, Vol 78, Issue 6
Message-ID: <006c01d715ce$0e4072f0$2ac158d0$@bellanddavispllc.com>
Content-Type: text/plain; charset="utf-8"

Steve,

 

The trail is not in the easement.  The easement is a full, 60 foot, roadway easement that comes in from the south and terminates with a turn around that is partially on the south side of the lot on the right side.  The trial comes in from the right side lot?s north boundary.  It is a walking trail and then people walk, or ride bikes, through that lot until they reach the turn around.  

 

The right lot is in a different short plat than my clients.  The easements benefit each lot in the two separate short plats.  Although it is a 60 foot easement, it is still a private road.  I am of the opinion that individual lot owners cannot open up the easement for use by non-lot owners, except for quests, but not the public in general.  Yes, I agree with you that the owner, who opened the trail, can allow people to access his lot, only.

 

Jeff

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Stephen Whitehouse
Sent: Tuesday, March 9, 2021 7:48 PM
To: wsbarp-request at lists.wsbarppt.com; wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] WSBARP Digest, Vol 78, Issue 6

 

Jeff, 

      Your facts are not fully clear. Is the trail in the easement? Are there any restrictions on the short plats? Is the easement exclusive?

      So let me hazard a guess that the trail is over the easement and is solely over the property on the right,  there are no restrictions and it is not exclusive. As a general rule, the owner on 

the right can allow other people to use the easement area, but only the part on his/her lot and the other people cannot restrict it unless it is interfering with the use of the easement rights 

by the other easement holders, or is creating a nuisance. 

      Where does the easement go to? Who controls the property at the end of the easement? That may be an issue as well.

 

Steve

      

Stephen Whitehouse

Whitehouse & Nichols, LLP

P.O. Box 1273

601 W. Railroad Ave.

Shelton, Wa. 98584

360-426-5885
 <mailto:swhite8893 at aol.com> swhite8893 at aol.com

 

-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com <mailto:wsbarp-request at lists.wsbarppt.com> 
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Sent: Tue, Mar 9, 2021 12:00 pm
Subject: WSBARP Digest, Vol 78, Issue 6

Send WSBARP mailing list submissions to

    wsbarp at lists.wsbarppt.com <mailto: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 <mailto:wsbarp-request at lists.wsbarppt.com> 

 

You can reach the person managing the list at

    wsbarp-owner at lists.wsbarppt.com <mailto: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. HOA dues foreclosure under covid (Craig Gourley)

  2. Adjoining Short Plat Lot Owner Opens Walking Trail and    allows

      Public Use (Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> )

  3. lfp problem (Roger Hawkes)

  4. Supreme Court - Eviction Moratorium - McCrea v Drury (Rob Rowley)

  5. Re: Supreme Court - Eviction Moratorium - McCrea v Drury

      (Tom Westbrook)

  6. Re: Supreme Court - Eviction Moratorium - McCrea v Drury

      (Bryce Dille)

  7. Re: Supreme Court - Eviction Moratorium - McCrea v Drury

      (Tom Westbrook)

  8. Re: Supreme Court - Eviction Moratorium - McCrea v Drury

      (Kaitlyn Jackson)

  9. Re: Supreme Court - Eviction Moratorium - McCrea v Drury

      (Kaitlyn Jackson)

 

 

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

 

Message: 1

Date: Tue, 9 Mar 2021 13:50:38 +0000

From: Craig Gourley <craig at glgmail.com <mailto:craig at glgmail.com> >

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: [WSBARP] HOA dues foreclosure under covid

Message-ID:

    <MW3PR12MB43468D436EBF8CA63620B43DAE929 at MW3PR12MB4346.namprd12.prod.outlook.com <mailto:MW3PR12MB43468D436EBF8CA63620B43DAE929 at MW3PR12MB4346.namprd12.prod.outlook.com> >

    

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

 

Listmates. Has anyone had experience with Condo dues foreclosure under covid? I don't recall it being addressed in any moratorium but am wondering about real world enforcement by the courts. Thanks to all.

 

Sent from my Verizon, Samsung Galaxy smartphone

Get Outlook for Android<https://aka.ms/ghei36>

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

 

Message: 2

Date: Tue, 9 Mar 2021 10:39:02 -0800

From: <Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> >

To: <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: [WSBARP] Adjoining Short Plat Lot Owner Opens Walking Trail

    and    allows Public Use

Message-ID: <00f201d71513$7aed6860$70c83920$@bellanddavispllc.com <mailto:00f201d71513$7aed6860$70c83920$@bellanddavispllc.com> >

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

 

Listmates, 

 

 

 

Two separate, but adjoining short plats share a common ingress/egress

easement.  An owner, in the  "short plat on the right" opened a walking

trail through his lot and allows the general public to use it.  This allows

people from outside the two short plats to go through lots and resulted in

increased litter and pet problems.  Questions are: 1)  can the other lots

owners require the one to block access through his property, or 2) can other

lot owners block non-easement holders access through their properties?  I

think the answer is yes, at least to #2, but in today's uncertain world, I

would like your opinions.

 

 

 

Jeff Davis

 

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Message: 3

Date: Tue, 9 Mar 2021 18:50:53 +0000

From: Roger Hawkes <Roger at law-hawks.com <mailto:Roger at law-hawks.com> >

To: Real Property Listserve <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: [WSBARP] lfp problem

Message-ID:

    <MN2PR16MB2750E525EBF72A5EF5CC6627E9929 at MN2PR16MB2750.namprd16.prod.outlook.com <mailto:MN2PR16MB2750E525EBF72A5EF5CC6627E9929 at MN2PR16MB2750.namprd16.prod.outlook.com> >

    

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

 

I am looking to refer a good client to a lawyer who has dealt with Lake Forest Park before and knows about respective rights and obligations between landowner and government.  It appears that my client's home is threatened by erosion created by faulty construction of a sewer on her property , by the city.

 

Roger Hawkes, WSBA # 5173                                                  [cid:image001.jpg at 01D714D2.135145A0 <mailto:image001.jpg at 01D714D2.135145A0> ]

Shoreline Office: 19944 Ballinger Way NE

                                Shoreline, WA 98155

Sultan Office:        423 Main

                                Sultan, WA 98294

 

Phone: 206 367 5000; fax: 206 367 4005

Email: roger at law-hawks.com <mailto:roger at law-hawks.com> <mailto:roger at law-hawks.com <mailto:roger at law-hawks.com> >

Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>

 

.

 

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

 

Message: 4

Date: Tue, 9 Mar 2021 11:03:01 -0800

From: Rob Rowley <rob at rowleylegal.com <mailto:rob at rowleylegal.com> >

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

Message-ID: <23e9565525bef269332c28dbddcbdb2b at mail.gmail.com <mailto:23e9565525bef269332c28dbddcbdb2b at mail.gmail.com> >

Content-Type: text/plain; charset="utf-8"

 

Any thoughts on the February 4, 2021 Supreme Court commissioners ruling

which raised issues with evictions related to terminations based upon

owner's intent to sell or occupy.  Dealing with the federal CDC eviction

moratorium being declared unconstitutional by a Texas federal district

court.  Oral argument on May 13.

 

https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

 

I understand we can still issue notices just not proceed with eviction

hearings.

 

 

 

 

 

*Robert R Rowley*

Attorney & Counselor at Law

(509) 252-5074  (509) 994-1143

(509) 928-3084 <fax:(509)%20928-3084>  rowleylegal.com

<http://www.rowleylegal.com/>

rob at rowleylegal.com <mailto:rob at rowleylegal.com> 

Helping You Protect What Matters Most

<https://www.facebook.com/rowleylegal>

<https://www.twitter.com/ROBERTRROWLEY>

 

*Practice concentrated on business, real estate and general legal matters

in Washington and Idaho. *

 

NOTICE: The contents of this message and any attachments may be protected

by the attorney-client privilege, work product doctrine or other applicable

protections. If you are not the intended recipient or have received this

message in error, please notify the sender and promptly delete the message.

Thank you for your assistance. DISCLAIMER: You should recognize that

responses provided by e-mail means are akin to ordinary telephone or

face-to-face conversations and do not reflect the level of factual or legal

inquiry or analysis which would be applied in the case of a formal legal

opinion. A formal opinion may very well reach a different conclusion.

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Message: 5

Date: Tue, 9 Mar 2021 11:14:10 -0800

From: Tom Westbrook <tjw at w3net.net <mailto:tjw at w3net.net> >

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v

    Drury

Message-ID: <6723db35fef3107f7d249651d238309e at mail.gmail.com <mailto:6723db35fef3107f7d249651d238309e at mail.gmail.com> >

Content-Type: text/plain; charset="utf-8"

 

Yes???Ugh!

 

 

 

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 <mailto:tjw at buddbaylaw.com> 

 

Skype: thomas.westbrook

 

www.buddbaylaw.com <http://www.buddbaylaw.com> 

 

 

 

The information contained in this email and attachment(s) are for the

exclusive use of the addressee(s) and may contain private, privileged

and/or confidential information.  If you are not the addressee, you are

strictly prohibited from reading, photocopying, distributing or otherwise

using this email or its contents in any way. If you have received this

communication in error, please notify us immediately by telephone at

360-352-8311 or by e-mail to reception at buddbaylaw.com <mailto:reception at buddbaylaw.com> , and destroy the

original message from your electronic files.

 

 

 

COVID-19 UPDATE:

 

s Rodgers Kee Card & Strophy will no longer maintain ?open? hours at the

physical office.

 

s All the staff is working remotely.  We are routinely monitoring our voice

mail and email, which is the best way to communicate during this period.

 

s We are still taking new clients but consultations will be telephonic or

via video conferencing, and any in-person meetings will be by appointment

and only if necessary to execute documents.

 

s Please provide necessary documents to us by scan and email, where

possible, or by mail if not.

 

s We anticipate these changes will be effective for the foreseeable

future.  We are doing everything we can to maintain the level of service

and professionalism we?ve always provided, even in the face of this public

health crisis. Thank you in advance for your patience and understanding.

We look forward to the soonest possible return to full operations and

continued service to our clients.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*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 *Rob Rowley

*Sent:* Tuesday, March 09, 2021 11:03 AM

*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

*Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

 

 

 

Any thoughts on the February 4, 2021 Supreme Court commissioners ruling

which raised issues with evictions related to terminations based upon

owner's intent to sell or occupy.  Dealing with the federal CDC eviction

moratorium being declared unconstitutional by a Texas federal district

court.  Oral argument on May 13.

 

https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

 

I understand we can still issue notices just not proceed with eviction

hearings.

 

 

 

 

 

*Robert R Rowley*

Attorney & Counselor at Law

(509) 252-5074  (509) 994-1143

(509) 928-3084 <fax:(509)%20928-3084>  rowleylegal.com

<http://www.rowleylegal.com/>

rob at rowleylegal.com <mailto:rob at rowleylegal.com> 

Helping You Protect What Matters Most

<https://www.facebook.com/rowleylegal>

<https://www.twitter.com/ROBERTRROWLEY>

 

*Practice concentrated on business, real estate and general legal matters

in Washington and Idaho. *

 

NOTICE: The contents of this message and any attachments may be protected

by the attorney-client privilege, work product doctrine or other applicable

protections. If you are not the intended recipient or have received this

message in error, please notify the sender and promptly delete the message.

Thank you for your assistance. DISCLAIMER: You should recognize that

responses provided by e-mail means are akin to ordinary telephone or

face-to-face conversations and do not reflect the level of factual or legal

inquiry or analysis which would be applied in the case of a formal legal

opinion. A formal opinion may very well reach a different conclusion.

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

 

Message: 6

Date: Tue, 9 Mar 2021 19:33:23 +0000

From: Bryce Dille <Bryce at dillelaw.com <mailto:Bryce at dillelaw.com> >

To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v

    Drury

Message-ID:

    <MW3PR11MB45883E6BBE53B7B9C5C45C23C8929 at MW3PR11MB4588.namprd11.prod.outlook.com <mailto:MW3PR11MB45883E6BBE53B7B9C5C45C23C8929 at MW3PR11MB4588.namprd11.prod.outlook.com> >

    

Content-Type: text/plain; charset="utf-8"

 

What about evictions arising out of non landlord tenant situations where PR is attempting to evict a family member from decedents house after 60 day notice to sell was given and we are in action for ejectment.

 

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 Rob Rowley

Sent: Tuesday, March 9, 2021 11:03 AM

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

 

 

Any thoughts on the February 4, 2021 Supreme Court commissioners ruling which raised issues with evictions related to terminations based upon owner's intent to sell or occupy.  Dealing with the federal CDC eviction moratorium being declared unconstitutional by a Texas federal district court.  Oral argument on May 13.

 

https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

 

I understand we can still issue notices just not proceed with eviction hearings.

 

 

[cid:image001.jpg at 01D714D8.0334EA90 <mailto:image001.jpg at 01D714D8.0334EA90> ]

Robert R Rowley

Attorney & Counselor at Law

[cid:image002.png at 01D714D8.0334EA90 <mailto:image002.png at 01D714D8.0334EA90> ] (509) 252-5074<tel:(509)%20252-5074>  [cid:image003.png at 01D714D8.0334EA90 <mailto:image003.png at 01D714D8.0334EA90> ]  (509) 994-1143<tel:(509)%20994-1143>

[cid:image004.png at 01D714D8.0334EA90 <mailto:image004.png at 01D714D8.0334EA90> ] (509) 928-3084<fax:(509)%20928-3084>  [cid:image005.png at 01D714D8.0334EA90 <mailto:image005.png at 01D714D8.0334EA90> ]  rowleylegal.com<http://www.rowleylegal.com/>

[cid:image006.png at 01D714D8.0334EA90 <mailto:image006.png at 01D714D8.0334EA90> ] rob at rowleylegal.com <mailto:rob at rowleylegal.com> <mailto:rob at rowleylegal.com <mailto:rob at rowleylegal.com> >

Helping You Protect What Matters Most

[cid:image007.png at 01D714D8.0334EA90 <mailto:image007.png at 01D714D8.0334EA90> ]<https://www.facebook.com/rowleylegal>  [cid:image008.png at 01D714D8.0334EA90 <mailto:image008.png at 01D714D8.0334EA90> ] <https://www.twitter.com/ROBERTRROWLEY>

Practice concentrated on business, real estate and general legal matters in Washington and Idaho.

NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.

 

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

 

Message: 7

Date: Tue, 9 Mar 2021 11:38:28 -0800

From: Tom Westbrook <tjw at w3net.net <mailto:tjw at w3net.net> >

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v

    Drury

Message-ID: <61e0a6ce1e323385eb9ee9f00cd94de9 at mail.gmail.com <mailto:61e0a6ce1e323385eb9ee9f00cd94de9 at mail.gmail.com> >

Content-Type: text/plain; charset="utf-8"

 

Bryce, I have the same concern time 3 in various stages of the 60 day

period. I guess the question is, how will our Superior Court Judges react

to this?

 

 

 

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 <mailto:tjw at buddbaylaw.com> 

 

Skype: thomas.westbrook

 

www.buddbaylaw.com <http://www.buddbaylaw.com> 

 

 

 

The information contained in this email and attachment(s) are for the

exclusive use of the addressee(s) and may contain private, privileged

and/or confidential information.  If you are not the addressee, you are

strictly prohibited from reading, photocopying, distributing or otherwise

using this email or its contents in any way. If you have received this

communication in error, please notify us immediately by telephone at

360-352-8311 or by e-mail to reception at buddbaylaw.com, and destroy the

original message from your electronic files.

 

 

 

COVID-19 UPDATE:

 

s Rodgers Kee Card & Strophy will no longer maintain ?open? hours at the

physical office.

 

s All the staff is working remotely.  We are routinely monitoring our voice

mail and email, which is the best way to communicate during this period.

 

s We are still taking new clients but consultations will be telephonic or

via video conferencing, and any in-person meetings will be by appointment

and only if necessary to execute documents.

 

s Please provide necessary documents to us by scan and email, where

possible, or by mail if not.

 

s We anticipate these changes will be effective for the foreseeable

future.  We are doing everything we can to maintain the level of service

and professionalism we?ve always provided, even in the face of this public

health crisis. Thank you in advance for your patience and understanding.

We look forward to the soonest possible return to full operations and

continued service to our clients.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*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 *Bryce Dille

*Sent:* Tuesday, March 09, 2021 11:33 AM

*To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

*Subject:* Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

 

 

 

What about evictions arising out of non landlord tenant situations where PR

is attempting to evict a family member from decedents house after 60 day

notice to sell was given and we are in action for ejectment.

 

 

 

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 *Rob Rowley

*Sent:* Tuesday, March 9, 2021 11:03 AM

*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

*Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

 

 

 

Any thoughts on the February 4, 2021 Supreme Court commissioners ruling

which raised issues with evictions related to terminations based upon

owner's intent to sell or occupy.  Dealing with the federal CDC eviction

moratorium being declared unconstitutional by a Texas federal district

court.  Oral argument on May 13.

 

https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

 

I understand we can still issue notices just not proceed with eviction

hearings.

 

 

 

 

 

*Robert R Rowley*

Attorney & Counselor at Law

(509) 252-5074  (509) 994-1143

(509) 928-3084 <fax:(509)%20928-3084>  rowleylegal.com

<http://www.rowleylegal.com/>

rob at rowleylegal.com <mailto:rob at rowleylegal.com> 

Helping You Protect What Matters Most

<https://www.facebook.com/rowleylegal>

<https://www.twitter.com/ROBERTRROWLEY>

 

*Practice concentrated on business, real estate and general legal matters

in Washington and Idaho. *

 

NOTICE: The contents of this message and any attachments may be protected

by the attorney-client privilege, work product doctrine or other applicable

protections. If you are not the intended recipient or have received this

message in error, please notify the sender and promptly delete the message.

Thank you for your assistance. DISCLAIMER: You should recognize that

responses provided by e-mail means are akin to ordinary telephone or

face-to-face conversations and do not reflect the level of factual or legal

inquiry or analysis which would be applied in the case of a formal legal

opinion. A formal opinion may very well reach a different conclusion.

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

 

Message: 8

Date: Tue, 9 Mar 2021 11:41:47 -0800

From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com <mailto:kaitlyn at dimensionlaw.com> >

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v

    Drury

Message-ID:

    <CAO+NF_464x2QFfkwAuUJkO0YLS8Sdn9D+b6sW=mC4j-ZjTV6sw at mail.gmail.com <mailto:mC4j-ZjTV6sw at mail.gmail.com> >

Content-Type: text/plain; charset="utf-8"

 

Bryce -

 

Theoretically, if the occupant submits the CDC Declaration, then under the

current legal justification, the occupant would be protected.

 

If you look at the CDC's terribly drafted "Order" you will see it applies

to a "landlord, owner of a residential property, or other person with a

legal right to pursue eviction or possessory action" and  "covered persons"

are defined as "tenant, lessee, or resident of a residential property."

 

The way I read it is that under the broad interpretation being applied, it

even applies to a squatter or a trespasser. The CDC's Order does not (to my

knowledge) even require the person, be on the property legally.

 

 

 

On Tue, Mar 9, 2021 at 11:36 AM Bryce Dille <Bryce at dillelaw.com <mailto:Bryce at dillelaw.com> > wrote:

 

> What about evictions arising out of non landlord tenant situations where

> PR is attempting to evict a family member from decedents house after 60 day

> notice to sell was given and we are in action for ejectment.

> 

> 

> 

> 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 *Rob Rowley

> *Sent:* Tuesday, March 9, 2021 11:03 AM

> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

> *Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

> 

> 

> 

> Any thoughts on the February 4, 2021 Supreme Court commissioners ruling

> which raised issues with evictions related to terminations based upon

> owner's intent to sell or occupy.  Dealing with the federal CDC eviction

> moratorium being declared unconstitutional by a Texas federal district

> court.  Oral argument on May 13.

> 

> 

> https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

> 

> I understand we can still issue notices just not proceed with eviction

> hearings.

> 

> 

> 

> 

> 

> *Robert R Rowley*

> Attorney & Counselor at Law

>  (509) 252-5074 <(509)%20252-5074>  (509) 994-1143 <(509)%20994-1143>

>  (509) 928-3084  rowleylegal.com <http://www.rowleylegal.com/>

>  rob at rowleylegal.com <mailto:rob at rowleylegal.com> 

> Helping You Protect What Matters Most

> <https://www.facebook.com/rowleylegal>

> <https://www.twitter.com/ROBERTRROWLEY>

> 

> *Practice concentrated on business, real estate and general legal matters

> in Washington and Idaho. *

> 

> NOTICE: The contents of this message and any attachments may be protected

> by the attorney-client privilege, work product doctrine or other applicable

> protections. If you are not the intended recipient or have received this

> message in error, please notify the sender and promptly delete the message.

> Thank you for your assistance. DISCLAIMER: You should recognize that

> responses provided by e-mail means are akin to ordinary telephone or

> face-to-face conversations and do not reflect the level of factual or legal

> inquiry or analysis which would be applied in the case of a formal legal

> opinion. A formal opinion may very well reach a different conclusion.

> 

> 

> ***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> 

> http://mailman.fsr.com/mailman/listinfo/wsbarp

 

 

 

-- 

Thank you,

 

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC

130 Andover Park East, Suite 300 | Tukwila, WA 98188

t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com <mailto:kaitlyn at dimensionlaw.com> *|

www.dimensionlaw.com <http://www.dimensionlaw.com> 

 

Covid-19 Update - Dimension Law Group remains available to serve our

clients and the public during this time, subject to the orders and

recommendations of government authority.

 

All attorneys and staff are working remotely regular business hours and are

available via email and by phone. Videoconferencing also is available. We

will continue to advise and support our clients throughout this health

emergency.

 

-- 

PRIVILEGED AND CONFIDENTIAL:??This e-mail (including any attachments) is 

intended only for the use of the individual or entity named above and may 

contain privileged or confidential information. If you are not the intended 

recipient, or the employee or agent responsible to deliver it to the 

intended recipient, you are notified that any review, dissemination, 

distribution or copying of this e-mail is prohibited. Attempts to intercept 

this message are in violation of 18 USC 2511(1) of the Electronic 

Communications Privacy Act, which subjects the interceptor to fines, 

imprisonment and/or civil damages. If you have received this e-mail in 

error, please immediately notify us by e-mail, facsimile, or telephone; 

return the e-mail to us at the e-mail address below; and destroy all paper 

and electronic copies.?Any settlement offer contained herein is made 

pursuant to Washington ER 408, and without admitting fault or liability on 

the part of this firm?s client(s) or its agents.??IRS?CIRCULAR?230 

DISCLAIMER:??To ensure compliance with requirements imposed by the IRS, I 

inform you that any U.S. tax advice contained in this communication 

(including any attachments) is not intended or written to be used, and 

cannot be used, for the purpose of (i) avoiding penalties under the 

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

 

Message: 9

Date: Tue, 9 Mar 2021 11:48:19 -0800

From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com <mailto:kaitlyn at dimensionlaw.com> >

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v

    Drury

Message-ID:

    <CAO+NF_77m2aYtTxK+v0eZfHa_8qbmFcJxgirjBQzajVu-cjc3w at mail.gmail.com <mailto:v0eZfHa_8qbmFcJxgirjBQzajVu-cjc3w at mail.gmail.com> >

Content-Type: text/plain; charset="utf-8"

 

Bryce -

 

Let me correct. In the Order, they further define "Residential Property" as

"property leased for residential purposes...". So, you might be able to

argue the CDC Order does not apply. However, if there's any evidence that

the occupant *paid *for anything that could be construed to create an

implied contract to rent, then the CDC could be argued to apply.

 

On Tue, Mar 9, 2021 at 11:41 AM Kaitlyn Jackson <kaitlyn at dimensionlaw.com <mailto:kaitlyn at dimensionlaw.com> >

wrote:

 

> Bryce -

> 

> Theoretically, if the occupant submits the CDC Declaration, then under the

> current legal justification, the occupant would be protected.

> 

> If you look at the CDC's terribly drafted "Order" you will see it applies

> to a "landlord, owner of a residential property, or other person with a

> legal right to pursue eviction or possessory action" and  "covered persons"

> are defined as "tenant, lessee, or resident of a residential property."

> 

> The way I read it is that under the broad interpretation being applied, it

> even applies to a squatter or a trespasser. The CDC's Order does not (to my

> knowledge) even require the person, be on the property legally.

> 

> 

> 

> On Tue, Mar 9, 2021 at 11:36 AM Bryce Dille <Bryce at dillelaw.com <mailto:Bryce at dillelaw.com> > wrote:

> 

>> What about evictions arising out of non landlord tenant situations where

>> PR is attempting to evict a family member from decedents house after 60 day

>> notice to sell was given and we are in action for ejectment.

>> 

>> 

>> 

>> 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 *Rob Rowley

>> *Sent:* Tuesday, March 9, 2021 11:03 AM

>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

>> *Subject:* [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

>> 

>> 

>> 

>> Any thoughts on the February 4, 2021 Supreme Court commissioners ruling

>> which raised issues with evictions related to terminations based upon

>> owner's intent to sell or occupy.  Dealing with the federal CDC eviction

>> moratorium being declared unconstitutional by a Texas federal district

>> court.  Oral argument on May 13.

>> 

>> 

>> https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

>> 

>> I understand we can still issue notices just not proceed with eviction

>> hearings.

>> 

>> 

>> 

>> 

>> 

>> *Robert R Rowley*

>> Attorney & Counselor at Law

>>  (509) 252-5074 <(509)%20252-5074>  (509) 994-1143 <(509)%20994-1143>

>>  (509) 928-3084  rowleylegal.com <http://www.rowleylegal.com/>

>>  rob at rowleylegal.com <mailto:rob at rowleylegal.com> 

>> Helping You Protect What Matters Most

>> <https://www.facebook.com/rowleylegal>

>> <https://www.twitter.com/ROBERTRROWLEY>

>> 

>> *Practice concentrated on business, real estate and general legal matters

>> in Washington and Idaho. *

>> 

>> NOTICE: The contents of this message and any attachments may be protected

>> by the attorney-client privilege, work product doctrine or other applicable

>> protections. If you are not the intended recipient or have received this

>> message in error, please notify the sender and promptly delete the message.

>> Thank you for your assistance. DISCLAIMER: You should recognize that

>> responses provided by e-mail means are akin to ordinary telephone or

>> face-to-face conversations and do not reflect the level of factual or legal

>> inquiry or analysis which would be applied in the case of a formal legal

>> opinion. A formal opinion may very well reach a different conclusion.

>> 

>> 

>> ***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> 

>> http://mailman.fsr.com/mailman/listinfo/wsbarp

> 

> 

> 

> --

> Thank you,

> 

> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC

> 130 Andover Park East, Suite 300 | Tukwila, WA 98188

> t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com <mailto:kaitlyn at dimensionlaw.com> *|

> www.dimensionlaw.com

> 

> Covid-19 Update - Dimension Law Group remains available to serve our

> clients and the public during this time, subject to the orders and

> recommendations of government authority.

> 

> All attorneys and staff are working remotely regular business hours and

> are available via email and by phone. Videoconferencing also is available. We

> will continue to advise and support our clients throughout this health

> emergency.

> 

 

 

-- 

Thank you,

 

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC

130 Andover Park East, Suite 300 | Tukwila, WA 98188

t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com <mailto:kaitlyn at dimensionlaw.com> *|

www.dimensionlaw.com

 

Covid-19 Update - Dimension Law Group remains available to serve our

clients and the public during this time, subject to the orders and

recommendations of government authority.

 

All attorneys and staff are working remotely regular business hours and are

available via email and by phone. Videoconferencing also is available. We

will continue to advise and support our clients throughout this health

emergency.

 

-- 

PRIVILEGED AND CONFIDENTIAL:??This e-mail (including any attachments) is 

intended only for the use of the individual or entity named above and may 

contain privileged or confidential information. If you are not the intended 

recipient, or the employee or agent responsible to deliver it to the 

intended recipient, you are notified that any review, dissemination, 

distribution or copying of this e-mail is prohibited. Attempts to intercept 

this message are in violation of 18 USC 2511(1) of the Electronic 

Communications Privacy Act, which subjects the interceptor to fines, 

imprisonment and/or civil damages. If you have received this e-mail in 

error, please immediately notify us by e-mail, facsimile, or telephone; 

return the e-mail to us at the e-mail address below; and destroy all paper 

and electronic copies.?Any settlement offer contained herein is made 

pursuant to Washington ER 408, and without admitting fault or liability on 

the part of this firm?s client(s) or its agents.??IRS?CIRCULAR?230 

DISCLAIMER:??To ensure compliance with requirements imposed by the IRS, I 

inform you that any U.S. tax advice contained in this communication 

(including any attachments) is not intended or written to be used, and 

cannot be used, for the purpose of (i) avoiding penalties under the 

Internal Revenue Code; or (ii) promoting, marketing or recommending to 

another party any transaction or tax-related matter addressed herein. 

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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 others.***

_______________________________________________

WSBARP mailing list

WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com> 

http://mailman.fsr.com/mailman/listinfo/wsbarp

 

End of WSBARP Digest, Vol 78, Issue 6

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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 others.***
_______________________________________________
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