[WSBARP] WSBARP Digest, Vol 95, Issue 27

Stephen Whitehouse swhite8893 at aol.com
Tue Aug 30 08:57:33 PDT 2022


Assuming the association documents are properly done, the debt runs with the land. 
Steve

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


-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Mon, Aug 29, 2022 12:00 pm
Subject: WSBARP Digest, Vol 95, Issue 27

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Today's Topics:

  1. Re: Homeowner assessments and Real estate contracts
      (Michael Brandt)
  2. Re: Homeowner assessments and Real estate contracts
      (Paul Neumiller)
  3. Shared dock usage agreement (Jon Fritzler)
  4. Appraiser - Walla Walla (Michael Brandt)


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Message: 1
Date: Mon, 29 Aug 2022 16:41:58 +0000
From: Michael Brandt <mbrandt at brandtlawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Homeowner assessments and Real estate contracts
Message-ID:
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John:

My practice is mostly association disputes and assessments are lienable.  As such, I would tighten up that language to exclude assessments from the association is that is the intent.

Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com<http://www.brandtlawgroup.com/>

[Description: BPLogoTag4Email]

The information contained in this e-mail and in any attached document(s) is CONFIDENTIAL and may be protected by attorney-client privilege and/or the work-product doctrine. The e-mail (and attached document(s)) is intended for use by the person(s) to whom this e-mail is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of such e-mail and/or document(s) is strictly prohibited. If you have received this e-mail and/or any attached document(s) in error, please immediately notify us by telephone at (206) 441-5739.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Friday, August 26, 2022 3:32 PM
To: WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM) <wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBARP] Homeowner assessments and Real estate contracts

The LPB 44 contains the following language:
TAXES, ASSESSMENTS, AND UTILITY LIENS. Purchaser agrees to pay by the date due all taxes and assessments becoming a lien against the property after the date of this Contract.

Has anyone seen the "Assessments" construed to include Homeowner's Association assessments?
We don't use Real Estate Contracts very much in Pierce County!


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>



Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.


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Message: 2
Date: Mon, 29 Aug 2022 17:01:34 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Homeowner assessments and Real estate contracts
Message-ID:
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John, remember that a Real Estate Contract is just another method of selling the property.  Even though the Vendor retains ownership of record, the vendee is buying the property.  As you know, once the loan is paid in full, the Vender delivers a fulfilment deed to the Vendee.  The Vendor is acting as the bank.  So, with this understanding in mind, ALL costs of the property are to be taken over by the Vendee.  Just as no lender under a standard deed of trust would want to be liable for HOA fees (why should they?  They are "only" the lender), no Vendor under Real Estate Contract would be willing to be responsible for HOA fees.


[cid:image002.jpg at 01D8BB8E.2B3FA0D0]

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 Michael Brandt
Sent: Monday, August 29, 2022 9:42 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Homeowner assessments and Real estate contracts

John:

My practice is mostly association disputes and assessments are lienable.  As such, I would tighten up that language to exclude assessments from the association is that is the intent.

Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.brandtlawgroup.com%2F&data=05%7C01%7C%7C7f1e1cb9c10e4a9a335108da89de2510%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637973884480134824%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=DQvRW5HaafSrS62GCTjc4PUoTGcidHGgvIr1Gs2dCl8%3D&reserved=0>

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The information contained in this e-mail and in any attached document(s) is CONFIDENTIAL and may be protected by attorney-client privilege and/or the work-product doctrine. The e-mail (and attached document(s)) is intended for use by the person(s) to whom this e-mail is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of such e-mail and/or document(s) is strictly prohibited. If you have received this e-mail and/or any attached document(s) in error, please immediately notify us by telephone at (206) 441-5739.

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 John McCrady
Sent: Friday, August 26, 2022 3:32 PM
To: WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM<mailto:wsbarp at LISTS.WSBARPPT.COM>) <wsbarp at LISTS.WSBARPPT.COM<mailto:wsbarp at LISTS.WSBARPPT.COM>>
Subject: [WSBARP] Homeowner assessments and Real estate contracts

The LPB 44 contains the following language:
TAXES, ASSESSMENTS, AND UTILITY LIENS. Purchaser agrees to pay by the date due all taxes and assessments becoming a lien against the property after the date of this Contract.

Has anyone seen the "Assessments" construed to include Homeowner's Association assessments?
We don't use Real Estate Contracts very much in Pierce County!


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>



Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.piercecountywa.gov%2FDocumentCenter%2FView%2F105275%2FRecording-Fee-Schedule-Effective-Jul-25-2021-&data=05%7C01%7C%7C7f1e1cb9c10e4a9a335108da89de2510%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637973884480134824%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Lgg7I52TffGxe%2FjcAXEkBBfaDVX0uontKL2gb4yTsc8%3D&reserved=0>. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.


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Message: 3
Date: Mon, 29 Aug 2022 18:06:00 +0000
From: Jon Fritzler <FritzlerLaw at outlook.com>
To: "WSBARP at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Shared dock usage agreement
Message-ID:
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Does anyone have an agreement regarding shared usage of a dock that they would be willing to share?  Potential client is the owner of the dock and needs agreement with neighbor that will allow neighbor to use the dock but protect PC from liability.

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

CONFIDENTIALITY
The information contained in this email is intended only for the use of the person or entity to whom it is addressed. This email may contain confidential or privileged information. If you are not the person whose name appears above, or the person responsible for delivering the email to the addressee, you are hereby notified that reading, using, copying, distributing or disseminating this communication is strictly prohibited. If you think that you have received this email message in error, please email the sender at fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>. Thank you.

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Message: 4
Date: Mon, 29 Aug 2022 18:44:19 +0000
From: Michael Brandt <mbrandt at brandtlawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Appraiser - Walla Walla
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Listmates:

Can anyone recommend a good appraiser to appraise a condominium unit in the Walla Walla area?

Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com<http://www.brandtlawgroup.com/>

[Description: BPLogoTag4Email]

The information contained in this e-mail and in any attached document(s) is CONFIDENTIAL and may be protected by attorney-client privilege and/or the work-product doctrine. The e-mail (and attached document(s)) is intended for use by the person(s) to whom this e-mail is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of such e-mail and/or document(s) is strictly prohibited. If you have received this e-mail and/or any attached document(s) in error, please immediately notify us by telephone at (206) 441-5739.

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