[WSBARP] Condo dues foreclosure

Wed Mar 10 12:08:01 PST 2021

Thanm you to all and Paul your situation with to County PA is exactly what I was recalling. Guess we can give it a shot

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Paul Neumiller <pneumiller at hotmail.com>
Sent: Wednesday, March 10, 2021 12:22:54 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Condo dues foreclosure

But, now that I think about it, it is different under Craig’s scenario because the moratorium has changed.  I tried to “evict” last Spring but the moratorium in existence at the time didn’t have the 60-day notice component.  I recently brought a forfeiture action under a defaulted Real Estate Sale contract, and then, of course, the guy refused to move out.  So brought an eviction action after giving a termination notice and a 60-day notice of the owner’s intent to sell.  It was easy to convince the judge that the owner intended to sell the residence because the owner had already sold it to the defaulting person under the Real Estate Contract.  I made sure the Findings of Fact and Conclusions of Law and the Order for Writ of Restitution had plenty of eye-wash language saying the eviction complied with the moratorium.  Island County Sheriff allowed that one.

So, Craig, assuming there are no federal or state or County prohibitions in place, I would foreclose (and at least get ownership), then I would evict and also serve the 60-day notice of intent to sell (because HOA’s are not in the business of owning units.)  Once again, your mileage may vary, especially if the property is in King County or  in one of those test counties that are using forced mediation for evictions, or if your local judge or sheriff had something too spicy to eat for breakfast.

[cid:image001.jpg at 01D71597.52A72650]

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of scott at scottgthomaslaw.com
Sent: Wednesday, March 10, 2021 9:57 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Condo dues foreclosure

And I should add that my case is in Island County.

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 Paul Neumiller
Sent: Wednesday, March 10, 2021 9:37 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Condo dues foreclosure

As I reported here before, I convinced a judge that issuing an Order for Writ of Replevin was outside of the moratorium.  But, the Island County Sheriff refused to honor the Order for Writ of Replevin (as advised by the Island County Prosecutor’s Office) and cited separate provisions in the moratorium that prohibited a law enforcement officer from removing an occupant.  The deputy prosecutor basically told me that if it walks like an eviction and squawks like an eviction, it must be an eviction and the Sheriff will refuse to evict.  Your mileage may vary.

[cid:image002.jpg at 01D71597.52A72650]

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 scott at scottgthomaslaw.com<mailto:scott at scottgthomaslaw.com>
Sent: Wednesday, March 10, 2021 9:00 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Condo dues foreclosure

I have had difficulty evicting in a mechanic’s lien foreclosure.

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 Craig Gourley
Sent: Wednesday, March 10, 2021 6:37 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Condo dues foreclosure

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.

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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 <samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>>
Sent: Wednesday, March 10, 2021 8:31:41 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto:samuel at meylerlegal.com>

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

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