[WSBARP] WSBARP Digest, Vol 80, Issue 24

Josh Grant jgrant at accima.com
Tue May 25 15:59:43 PDT 2021


wow

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Stephen Whitehouse 
Sent: Tuesday, May 25, 2021 2:29 PM
To: wsbarp at lists.wsbarppt.com 
Subject: Re: [WSBARP] WSBARP Digest, Vol 80, Issue 24

Joshua, 
       The Department of Revenue has taken a hard line and has advised local treasurer's office as it relates to even needing to file an excise tax affidavit. I suspect that somehow your issue is related since both deal with whether or not there is a present transfer of an interest. We engaged the Department and sent them authority for why they are clearly wrong. The response disagreed and provided no substantive rational. 

Steve 


Stephen Whitehouse 
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave. 
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com





-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Tue, May 25, 2021 12:00 pm
Subject: WSBARP Digest, Vol 80, Issue 24


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Today's Topics:


  1. Looking for Will of Leland P. Miller (Kate Gamble)

  2. Affid. to clear title;    parcel w/mobile home and advance

      personal prop. taxes (Josh Grant)

  3. Foreclosure of multiple properties (Craig Gourley)

  4. Re: Foreclosure of multiple properties (Robert McDonald)

  5. Re: Foreclosure of multiple properties (Craig Gourley)

  6. Re: [WSBAPT] Affid. to clear title; parcel w/mobile home and

      advance personal prop. taxes (David Moe)

  7. Re: Affid. to clear title; parcel w/mobile home and advance

      personal prop. taxes (Kary Krismer)

  8. Re: Affid. to clear title; parcel w/mobile home and advance

      personal prop. taxes (Paul Neumiller)

  9. Seeking referral (Paul Okner)



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


Message: 1

Date: Mon, 24 May 2021 12:21:40 -0700

From: Kate Gamble <uptownlawpt at gmail.com>

To: RPPT section <wsbarp at lists.wsbarppt.com>

Subject: [WSBARP] Looking for Will of Leland P. Miller

Message-ID: <845A5D52-192E-44A1-94D2-24D523C30E20 at gmail.com>

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


I am looking for a copy of the Last Will and Testament of Leland P. Miller.  If it exists, it was likely executed in Jefferson County roughly 20 years ago.  I appreciate any information provided.


Thanks,


Kate Gamble

Attorney at Law

Uptown Law PLLC

PO Box 835

Port Townsend, WA 98368

(360) 379-1818



CONFIDENTIALITY NOTICE: This email, including any  attachments, is confidential and subject to legal privilege.  The information contained in this message is intended only for the use of the above named recipient.  If you are not the intended recipient, you are hereby notified that any dissemination, disclosure, or copying of this communication, including all attachments, is strictly prohibited, and subject to penalty.  If you have received this communication in error, please immediately notify us by return email and telephone at 360-379-1818; then please destroy this original message and all attachments.  Thank you.


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Message: 2

Date: Mon, 24 May 2021 16:47:08 -0700

From: "Josh Grant" <jgrant at accima.com>

To: "wsbar" <wsbarp at lists.wsbarppt.com>, "wsbar trust"

    <wsbapt at lists.wsbarppt.com>

Subject: [WSBARP] Affid. to clear title;    parcel w/mobile home and

    advance personal prop. taxes

Message-ID: <9618824478B846A391BB589CF2EB53AF at JoshPC>

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


Client?s wife died.  I attempted to record a non-probate affidavit to clear title on two parcels one of which includes client?s (his) residence and it is a mobile home. 

the county sent it back saying because the mobile home was on the land and because it was a transfer of a mobile home the advance personal property taxes had to be paid.

It?s not a transfer...  in fact it only clears title to land for a SS and avoids a probate.  In fact there is still a loan so we aren?t doing anything with the title.

Is this common? Legal?

Joshua F. Grant


P. O. Box 619

Wilbur, WA 99185

509 647 5578

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Message: 3

Date: Tue, 25 May 2021 00:23:18 +0000

From: Craig Gourley <craig at glgmail.com>

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

Subject: [WSBARP] Foreclosure of multiple properties

Message-ID:

    <BN9PR12MB524235056A0C4693B4B3349CAE259 at BN9PR12MB5242.namprd12.prod.outlook.com>

    

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


Listmates,  I should know this but can't remember. Client has 3 adjoining properties 1 commercial and 2 residential.  Old private financing covers all three parcels with a remaining balance of maybe 25 percent of FMV. For various reasons owner can not refinance. If owner defaults can lender take all three parcels or would they need to auction one at a time? Or one at a time subject to an aggregate bid? Or one at a time until debt is satisfied? Thanks on advance.


Sent from my Verizon, Samsung Galaxy smartphone

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

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Message: 4

Date: Tue, 25 May 2021 00:36:08 +0000

From: Robert McDonald <rmcdonald at qualityloan.com>

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

Subject: Re: [WSBARP] Foreclosure of multiple properties

Message-ID:

    <119509413CABB14090C51C930350935F0371FDC986 at IDS-MB.domain.local>

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


Craig


If all three properties are covered under the same deed of trust, then pursuant to RCW 61.24.040(8) The trustee may sell the property in gross or in parcels as the trustee shall deem most advantageous.


Robert W. McDonald |  General Counsel

[cid:image001.jpg at 01CF81A3.73B5F270]

"Excellence Starts Here"


108 1st Avenue South, Suite 202

Seattle, WA 98104

d. 206.596.4862 | f. 206.274.4902 | c. 206.673.6523

rmcdonald at qualityloan.com<mailto:rmcdonald at quailtyloans.com>


Your feedback is warmly welcomed and greatly appreciated! Please feel free to send us your suggestions, comments, and/or concerns to QLSFeedback at qualityloan.com<mailto:QLSFeedback at qualityloan.com>.


CONFIDENTIALITY NOTICE: The information contained herein may be privileged and protected by the attorney/client and/or other privilege. It is confidential in nature and intended for use by the intended addressee only. If you are not the intended recipient, you are hereby expressly prohibited from dissemination distribution, copy or any use whatsoever of this transmission and its contents. If you receive this transmission in error, please reply or call the sender and arrangements will be made to retrieve the originals from you at no charge. Federal law requires us to advise you that communication with our office could be interpreted as an attempt to collect a debt and that any information obtained will be used for that purpose.


LEGAL DISCLAIMER:  Please be advised that while the opinions expressed herein are provided by an attorney employed by Quality Loan Service Corp. of Washington, Quality Loan Service Corp. of Washington is not a law office.  The legal analysis of any situation depends on a variety of factors and the opinions expressed herein could change based on the specific facts of any given situation.  The information and opinions set forth herein are intended as general information only, and are not intended to serve as legal advice or as a substitute for legal counsel. If you have a question about a specific factual situation, you should contact an attorney directly.


From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley

Sent: Monday, May 24, 2021 5:29 PM

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

Subject: [WSBARP] Foreclosure of multiple properties


Listmates,  I should know this but can't remember. Client has 3 adjoining properties 1 commercial and 2 residential.  Old private financing covers all three parcels with a remaining balance of maybe 25 percent of FMV. For various reasons owner can not refinance. If owner defaults can lender take all three parcels or would they need to auction one at a time? Or one at a time subject to an aggregate bid? Or one at a time until debt is satisfied? Thanks on advance.


Sent from my Verizon, Samsung Galaxy smartphone

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

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Message: 5

Date: Tue, 25 May 2021 00:40:06 +0000

From: Craig Gourley <craig at glgmail.com>

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

Subject: Re: [WSBARP] Foreclosure of multiple properties

Message-ID:

    <BN9PR12MB524274BCA81584E60CA55FA9AE259 at BN9PR12MB5242.namprd12.prod.outlook.com>

    

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


Perfect. Thanks.


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 Robert McDonald <rmcdonald at qualityloan.com>

Sent: Monday, May 24, 2021 7:36:08 PM

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

Subject: Re: [WSBARP] Foreclosure of multiple properties



Craig




If all three properties are covered under the same deed of trust, then pursuant to RCW 61.24.040(8) The trustee may sell the property in gross or in parcels as the trustee shall deem most advantageous.




Robert W. McDonald |  General Counsel


[cid:image001.jpg at 01CF81A3.73B5F270]


"Excellence Starts Here"




108 1st Avenue South, Suite 202


Seattle, WA 98104


d. 206.596.4862 | f. 206.274.4902 | c. 206.673.6523


rmcdonald at qualityloan.com<mailto:rmcdonald at quailtyloans.com>




Your feedback is warmly welcomed and greatly appreciated! Please feel free to send us your suggestions, comments, and/or concerns to QLSFeedback at qualityloan.com<mailto:QLSFeedback at qualityloan.com>.




CONFIDENTIALITY NOTICE: The information contained herein may be privileged and protected by the attorney/client and/or other privilege. It is confidential in nature and intended for use by the intended addressee only. If you are not the intended recipient, you are hereby expressly prohibited from dissemination distribution, copy or any use whatsoever of this transmission and its contents. If you receive this transmission in error, please reply or call the sender and arrangements will be made to retrieve the originals from you at no charge. Federal law requires us to advise you that communication with our office could be interpreted as an attempt to collect a debt and that any information obtained will be used for that purpose.




LEGAL DISCLAIMER:  Please be advised that while the opinions expressed herein are provided by an attorney employed by Quality Loan Service Corp. of Washington, Quality Loan Service Corp. of Washington is not a law office.  The legal analysis of any situation depends on a variety of factors and the opinions expressed herein could change based on the specific facts of any given situation.  The information and opinions set forth herein are intended as general information only, and are not intended to serve as legal advice or as a substitute for legal counsel. If you have a question about a specific factual situation, you should contact an attorney directly.




From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley

Sent: Monday, May 24, 2021 5:29 PM

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

Subject: [WSBARP] Foreclosure of multiple properties




Listmates,  I should know this but can't remember. Client has 3 adjoining properties 1 commercial and 2 residential.  Old private financing covers all three parcels with a remaining balance of maybe 25 percent of FMV. For various reasons owner can not refinance. If owner defaults can lender take all three parcels or would they need to auction one at a time? Or one at a time subject to an aggregate bid? Or one at a time until debt is satisfied? Thanks on advance.




Sent from my Verizon, Samsung Galaxy smartphone

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

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Message: 6

Date: Tue, 25 May 2021 01:15:08 +0000

From: David Moe <davidmoe at maplevalleylaw.com>

To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>, wsbar

    <wsbarp at lists.wsbarppt.com>

Subject: Re: [WSBARP] [WSBAPT] Affid. to clear title; parcel w/mobile

    home and advance personal prop. taxes

Message-ID:

    <MW2PR02MB3755EA2DCF36BFBEC2713E87A8259 at MW2PR02MB3755.namprd02.prod.outlook.com>

    

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


I suggest you wait until client has paid his 1st and 2nd half real and/or property taxes on the parcel with the mobile home.  My experience in King County is that, even if title has not been eliminated, sometimes or often the assessor taxes both the land and mobile home as if title had been eliminated (perhaps with older mobile homes that can?t be relocated).  Where the document to be recorded describes the mobile home, then in either event after the property taxes for the year have been paid, you can prepare the REETA, pay the $10 REETA fee, claim an exemption under WAC 458-61A-303(2)(g?) and file it at that time with your clients ?affidavit of successor? or ?lack of probate affidavit? including reference to the mobile home on the property.  The annoying extra step in this county is that the REETA with the mobile home included may need to be approved/signed off by the County Treasurer?s Personal Property Tax person before recording can happen.  [Often, since here it?s a dif!

ferent floor where that property tax official must review and sign off (on the REETA), the instrument sometimes get?s hung up at that station, or gets moved on for recording without the lawyer?s cover letter instructing/authorizing the recorder to debit the attorney?s e-recording trust account. Alas, COVID complications.

The assessor and treasurer will use the new REETA to update the tax-payer name of record.  Otherwise, often your client will call months later asking why the deceased spouse?s name still appears on the property tax statement, and you?ll end up spending more time on the matter anyway.


David Moe Attorney, P.S.

Telephone:  425-432-1277

Fax:  425-432-1280

23745 225th Way SE, Suite 108

Maple Valley, WA 98038


Email:  davidmoe at maplevalleylaw.com<mailto:davidmoe at maplevalleylaw.com>


CONFIDENTIALITY NOTICE:  This communication is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law.  If you have received this communication in error, please notify this firm immediately by collect call (425)-432-1277, or by reply to this communication.



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant

Sent: Monday, May 24, 2021 4:47 PM

To: wsbar <wsbarp at lists.wsbarppt.com>; wsbar trust <wsbapt at lists.wsbarppt.com>

Subject: [WSBAPT] Affid. to clear title; parcel w/mobile home and advance personal prop. taxes


Client?s wife died.  I attempted to record a non-probate affidavit to clear title on two parcels one of which includes client?s (his) residence and it is a mobile home.

the county sent it back saying because the mobile home was on the land and because it was a transfer of a mobile home the advance personal property taxes had to be paid.

It?s not a transfer...  in fact it only clears title to land for a SS and avoids a probate.  In fact there is still a loan so we aren?t doing anything with the title.

Is this common? Legal?

Joshua F. Grant

[advocates]

P. O. Box 619

Wilbur, WA 99185

509 647 5578

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Message: 7

Date: Tue, 25 May 2021 06:57:47 -0700

From: Kary Krismer <Krismer at comcast.net>

To: wsbarp at lists.wsbarppt.com

Subject: Re: [WSBARP] Affid. to clear title; parcel w/mobile home and

    advance personal prop. taxes

Message-ID: <0d521a21-b357-ed7a-c6c6-6b15c18313ee at comcast.net>

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


I responded to Joshua privately since messages on this forum are not 

private, but I have a question for the group.


Is there some reason someone would choose to not eliminate title on a 

mobile home when it is placed on real property owned by the same owner?? 

I came across that last year where the owner had died, and everything 

indicated it was just an oversight.? But this is seemingly a second 

situation, so I'm wondering if it's sometimes a choice for some reason.? 

Separately financed, perhaps?


Kary L. Krismer

206 723-2148


On 5/24/2021 4:47 PM, Josh Grant wrote:

> Client?s wife died.? I attempted to record a non-probate affidavit to 

> clear title on two parcels one of which includes client?s (his) 

> residence and it is a mobile home.

> the county sent it back saying because the mobile home was on the land 

> and because it was a transfer of a mobile home the advance personal 

> property taxes had to be paid.

> It?s not a transfer...? in fact it only clears title to land for a SS 

> and avoids a probate.? In fact there is still a loan so we aren?t 

> doing anything with the title.

> Is this common? Legal?

> *Joshua F. Grant*

> advocates

> P. O. Box 619

> Wilbur, WA 99185

> 509 647 5578

>

> ***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: 8

Date: Tue, 25 May 2021 16:45:23 +0000

From: Paul Neumiller <pneumiller at hotmail.com>

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

Subject: Re: [WSBARP] Affid. to clear title; parcel w/mobile home and

    advance personal prop. taxes

Message-ID:

    <MW3PR13MB398002E5687EA9EC01B43DBBD2259 at MW3PR13MB3980.namprd13.prod.outlook.com>

    

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


In Island County, the elimination of title causes the County Inspector to come out and inspect the unit for code violations.  While there is not much they inspect for the interior, I am told by clients that they didn't want to have to rip out the outside decking and structures to bring them up to current code.



[cid:image001.jpg at 01D7514A.AB9298A0]


IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer

Sent: Tuesday, May 25, 2021 6:58 AM

To: wsbarp at lists.wsbarppt.com

Subject: Re: [WSBARP] Affid. to clear title; parcel w/mobile home and advance personal prop. taxes



I responded to Joshua privately since messages on this forum are not private, but I have a question for the group.


Is there some reason someone would choose to not eliminate title on a mobile home when it is placed on real property owned by the same owner?  I came across that last year where the owner had died, and everything indicated it was just an oversight.  But this is seemingly a second situation, so I'm wondering if it's sometimes a choice for some reason.  Separately financed, perhaps?


Kary L. Krismer


206 723-2148

On 5/24/2021 4:47 PM, Josh Grant wrote:

Client's wife died.  I attempted to record a non-probate affidavit to clear title on two parcels one of which includes client's (his) residence and it is a mobile home.

the county sent it back saying because the mobile home was on the land and because it was a transfer of a mobile home the advance personal property taxes had to be paid.

It's not a transfer...  in fact it only clears title to land for a SS and avoids a probate.  In fact there is still a loan so we aren't doing anything with the title.

Is this common? Legal?

Joshua F. Grant

[advocates]

P. O. Box 619

Wilbur, WA 99185

509 647 5578




***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: 9

Date: Tue, 25 May 2021 09:47:19 -0700

From: Paul Okner <paul at fremontlawgroup.com>

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

Subject: [WSBARP] Seeking referral

Message-ID:

    <CAOsMK+Rt+_+xjuESB8oROr0_ZK0E8wv_q5TzU=hSuE0SXDtz9A at mail.gmail.com>

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


Hello!


Downtown Seattle retailer on ground floor of a condo highrise is in a

dispute with the building HOA regarding extensive construction scaffolding

disrupting retailer's business.  I'm conflicted out.  Anyone interested?


Sincerely,


-Paul Okner

*Fremont Law Group PLLC*

3429 Fremont Pl. N.,  Suite 305

Seattle, WA 98103

(206) 399 - 1922

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End of WSBARP Digest, Vol 80, Issue 24

**************************************



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