[WSBARP] New fact pattern for me Adverse Possession.

[Jennifer L White]

Craig,
Tagging onto the other comments:

  1.  I would quickly file a quiet title action (either under an estate or 11.04.250 heir). Your PC started out having superior rights to the property at Mom's death, at least over bad guy. You didn't indicate if there are other potential beneficiaries to share with or fight with.... Make sure that you are VERY CLEAR  and that HE KNOWS that YOU KNOW the IRS is looking at him. I'd cc the serving documents on the IRS representative and make sure he saw that. It may squelch his inclination to appear in the action and fight the quiet title.
  2.  In addition to the "not open & notorious" issue he has a statute of frauds problem (though part performance/performance) can take it outside.
  3.  Your PC doesn't sound like the sharpest tool in the shed, so I'd be prepared for other weirdness to crawl to the surface....may be a fun project to take on contingency if your PC has no $$ to pay fees.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D71689.DB8535F0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Christy M
Sent: Thursday, March 11, 2021 2:53 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] New fact pattern for me Adverse Possession.

If he's telling people it's not his, it doesn't seem open and notorious.


-------- Original message --------
From: Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>>
Date: 3/11/21 2:45 PM (GMT-08:00)
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] New fact pattern for me Adverse Possession.


  1.  My guess is the bad guy was making the payments, got behind and then cured it. Bank obviously either doesn't know or doesn't care that borrower is deceased.


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 Roger Hawkes
Sent: Thursday, March 11, 2021 2:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] New fact pattern for me Adverse Possession.

Craig: if facts are what you state, I am pretty sure a sober judge would find some sort of equitable relief and not grant a decree of ap.  The two foreclosure actions give me some pause too; seems like somebody would have to do something so the result was not 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: Thursday, March 11, 2021 2:19 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] New fact pattern for me Adverse Possession.

Listmates.  After 37 years I thought I had seen just about every weird fact pattern that people can come up with.  Well, I was wrong.  Your thoughts on this would be appreciated.   Mom dies 17 years ago. No probate. Son is grief stricken when along comes the bad guy and tells grief stricken son that he will " take over"  the house and gives him a couple bucks for his trouble.  Son moves out, signs some document which we do not have a copy of.  Son later figures out he has been taken advantage of but figures nothing can be done.   Now, along comes the IRS investigating the bad guy and trying to see if he owns the property which bad guy I believe tells the IRS that he does not . IRS tells son that whatever he signed was not valid so Mom is still in title.  I check and yes deceased mom is still in title with an outstanding Deed of Trust that has been in foreclosure twice since she died. Not sure if bad guy lives there but suspect he is renting it out.  Soooo.  If we open probate to get son the  power over the real estate can we try to kick the bad guy out?  Is the fact he has had possession for more than 10 years create adverse possession even if he acquired that possession by fraud or some underhanded means?  If he made a statement to the IRS under penalty of perjury that he does not own it, is that a waiver or some such thing? My initial thought is adverse possession is a problem but I have never researched the fraud angle or a subsequent disclaimer.  Thoughts???

GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092

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