[WSBARP] Returned "served by mail" pleadings

[Mark Anderson]

12 U.S. Code § 1701j-3 - Preemption of due-on-sale prohibitions
(d)(5)  (a transfer to a relative resulting from the death of a borrower)

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of johnl at ollps.com
Sent: 07/26/2022 8:42 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Returned "served by mail" pleadings

Thank you so much for the authority.

JOHN H. LOEFFLER

OLSON LOEFFLER LAW GROUP, P.S.

8414 N. Wall Street, Suite a
Spokane, Washington 99208
509.467-6767 (tel)
509.467-4710 (fax)

www.OLLPS.com<http://www.ollps.com/>


Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege

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 Kerry Richards
Sent: Tuesday, July 26, 2022 8:06 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Returned "served by mail" pleadings

Dear John:
John McCrady just responded to a similar question about the applicability of the Garn+St. Germain act and quoted a section that prohibits the enforcement of a due on sale clause when the transfer is to the child of the deceased mother. I think the lender is prohibited from making the daughter refinance the property.
Kerry A. Richards

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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 johnl at ollps.com<mailto:johnl at ollps.com> <johnl at ollps.com<mailto:johnl at ollps.com>>
Sent: Tuesday, July 26, 2022 7:46:39 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Returned "served by mail" pleadings


Listmates,



I have a client who was placed in title to her mother's home under a TOD deed after the mother passed away.  The property is subject to a mortgage, and the bank wants the client to apply for a refinance and pay a sizeable down payment.  Is there authority in the area for TODD transfers and existing mortgages?



Thank you.



JOHN H. LOEFFLER



OLSON LOEFFLER LAW GROUP, P.S.



8414 N.  Wall Street, Suite a

Spokane, Washington 99208

509.467-6767 (tel)

509.467-4710 (fax)



www.OLLPS.com<http://www.ollps.com/>





Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges.  It constitutes non-public information intended to be conveyed only to the designated recipient(s).  If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner.  The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful.  Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege



g to another party any transaction or tax-related matter addressed herein.
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