[WSBARP] UD Gurus

Tue Jan 4 11:15:27 PST 2022

Good lord, the NW Justice project free atty convinced the judge we needed to special set the hearing for a 2-hour (!!) briefing with a court appointed translator for the tenant.  We have not argued the matter yet.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, January 4, 2022 10:48 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] UD Gurus

Paul -

 Just checking in on this - did your argument(s) succeed?

Kaitlyn

On Thu, Dec 23, 2021 at 2:40 PM Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
Yep.  That and the definitions of Landlord and owner under RCW509.18.030.

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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 Rob Rowley
Sent: Thursday, December 23, 2021 2:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] UD Gurus

I'd brief the fact that the RLT is a disregarded entity under state and federal law. Merely an estate planning technique.

Attorney Robert R Rowley
W: (509) 252-5074
M: (509) 994-1143
F: (509) 928-3084
rob at rowleylegal.com<mailto:rob at rowleylegal.com>

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: Thursday, December 23, 2021 1:51 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] UD Gurus

Thanks for your response.  The court granted the tenant's motion for stay of execution of the writ of restitution (the lock-out date was Monday but was based on a default judgment) and will set a hearing to address the tenant's defenses.  So, the issue of whether a 90-day notice can be given by the trustee of a trust is still open and alive.  Happy Holidays.

[cid:image001.jpg at 01D8015B.F9B881E0]

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 Maxwell Glasson
Sent: Thursday, December 23, 2021 12:18 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; Listserve RealProp (realprop at googlegroups.com<mailto:realprop at googlegroups.com>) <realprop at googlegroups.com<mailto:realprop at googlegroups.com>>
Subject: Re: [WSBARP] UD Gurus

Paul,

My understanding is the "execution" is the lock-out.

To your second question, I've never dealt with this, but I think a trustee/settlor would have a safer argument than a member of an LLC.  Give it a whirl and let us know how it goes.

Regards,

Maxwell B. Glasson

Glasson Legal, PLLC

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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 Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
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Subject: [WSBARP] UD Gurus

Two Items have just come up that I need to argue in less than two hours.  First, several sections of RCW 59.18 speak of actions that must be done "before execution of the writ of restitution."  So what does this mean?  Is the writ executed when the sheriff posts the door with the writ or is the writ executed when the sheriff shows up for the lock-out?  Second, my LL Client owns the residence using a family trust.  The LL gave a 90 day notice that "Joe Blow, as trustee of the Joe Blow Trust" intends to occupy the residence as  his primary residence.  Opposing council argues that a trust can't physically occupy the house so the notice is void.  Any experience out there on this argument?  Sorry for the rush.

[Paul A_ Neumiller]
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