[WSBARP] WSBARP Digest, Vol 90, Issue 14

Thu Mar 10 09:46:48 PST 2022

Accepting any rent on a notice to pay rent or vacate voids the notice. I am not aware of a case on any other type of notice butsuspect the result would be the same. 
Steve

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

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Subject: WSBARP Digest, Vol 90, Issue 14

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Today's Topics:

  1. Hawaii divorce w/ Wash property (Robert R. Cole)
  2. Re: Service on State Agencies (Nicholas Pleasants)
  3. PUD Standard Tort Claim Form (Jeff at bellanddavispllc.com)
  4. Re: Can landlord refuse rent during eviction proceedings?
      (Kaitlyn Jackson)
  5. Re: Electronic notary for overseas party? (Nestor Gorfinkel)

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Message: 1
Date: Wed, 9 Mar 2022 12:32:37 -0800
From: "Robert R. Cole" <cole-gilday at stanwoodlaw.net>
To: WSBA Probate & Trust Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Hawaii divorce w/ Wash property
Message-ID: <992d39b6-c659-bd91-b7a4-acd6553e4238 at stanwoodlaw.net>
Content-Type: text/plain; charset="utf-8"; Format="flowed"

Client's husband obtained a divorce from her? in Hawaii.? In it the 
Snohomish County residence was awarded to Wife.? She tells me the title 
company says that Hawaiian decree doesn't hold water in Washington.? I 
can file that foreign Decree pursuant to 6.36.025. But will that take 
care of the issue that the Hawaii judge can't decide who owns WA 
property?? If not, what to do?? (Also, whereabouts of husband is 
unknown, and the property is being foreclosed.)

-- 

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)

This message contains confidential and privileged information that is 
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Message: 2
Date: Wed, 9 Mar 2022 22:16:19 +0000
From: Nicholas Pleasants <nick at pleasantslaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Service on State Agencies
Message-ID:
    <MW4PR20MB42961354E90597EA842BD7CEA30A9 at MW4PR20MB4296.namprd20.prod.outlook.com>

Content-Type: text/plain; charset="windows-1252"

Just as an FYI, I believe you can still e-mail the Summons and Complaint to the AG, and they will accept service on behalf of any state agency, due to the pandemic. https://www.atg.wa.gov/electronic-service-original-summons-complaint
Electronic Service of Original Summons & Complaint | Washington State<https://www.atg.wa.gov/electronic-service-original-summons-complaint>
Consistent with the July 24, 2020 extension of the Governor?s ?Safe Start Phased Reopening? plan, the Washington Attorney General?s Office will authorize and acknowledge original service of process of a Summons and Complaint by e-mail only at the following address: serviceATG at atg.wa.gov. This authorization applies only to suits against the State of Washington, its state
www.atg.wa.gov

Nicholas Pleasants

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>

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________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of John McCrady <j.mccrady at pstitle.com>
Sent: Tuesday, March 8, 2022 10:47 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Service on State Agencies

Thank you; exactly that!

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.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Scott Russon
Sent: Tuesday, March 08, 2022 10:08 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Service on State Agencies

I believe you?re looking for RCW 4.92.

Sincerely yours,

SCOTT E. RUSSON

Attorney at Law

Yates Marshall, PLLC

10000 N.E. 7th Avenue, Suite 200

Vancouver, WA 98685

Phone: (360) 449-6100

Fax:    (360) 449-6111

STATEMENT OF CONFIDENTIALITY: The information in this email and attachment(s) is legally privileged and confidential information intended only for the use of the addressee listed on this email. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this email and attachment(s) is strictly prohibited. If you have received this email in error, please immediately notify us by telephone at the number listed above, reply to this email that it was sent in error, then erase the e-mail and attachment(s) from your computer. Nothing in this message is intended to constitute an electronic signature unless a specific statement to the contrary is included in this message.  This e-mail and all responses to this email may be subject to Public Disclosure.  Thank you.

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: Tuesday, March 8, 2022 9:52 AM
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] Service on State Agencies

Can anyone point me toward the authority for service of process on a state agency?  (DSHS, Labor and Industries, Department of Revenue)

To foreclose a mortgage on a property subject to, for instance, a DSHS lien, I believe you serve the Attorney General, but I cannot locate the authority.

Any help would be appreciated.

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://f.xdref.com/?id=228IHStK043508&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=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: 3
Date: Wed, 9 Mar 2022 15:04:31 -0800
From: <Jeff at bellanddavispllc.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] PUD Standard Tort Claim Form
Message-ID: <007a01d8340a$09d0dd30$1d729790$@bellanddavispllc.com>
Content-Type: text/plain; charset="us-ascii"

Listmates:

Client negotiated an easement, over his property, with the local PUD.  As
consideration for entering into the easement, client wanted language that
required the PUD to restore his driveway if damaged, and if they did not
within a certain amount of time, that client could do the work and then bill
the PUD, which is then required to pay within a certain amount of time.  PUD
agreed to the repair language, but then redlined the language for client to
do the work and then bill.  Instead, PUD wants client to submit a Tort Claim
form saying this is required under RCW 4.96.020.  However, RCW 4.96 deals
with tort damages; failure to repair the driveway would be a breach of
contract claim. 

Have any of you dealt with this.

Jeff Davis

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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Message: 4
Date: Wed, 9 Mar 2022 16:24:38 -0800
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Can landlord refuse rent during eviction
    proceedings?
Message-ID: <FFCBB973-CF97-4EB8-A36E-58C225ADB529 at dimensionlaw.com>
Content-Type: text/plain; charset="utf-8"

Usually in a nuisance case, the tenancy is terminated vis a vis a 3 day notice to quit. This terminates the tenancy and therefore rent is not due. So, accepting rent could ?re-start? the tenancy. At this point, the occupancy past the expiration of the 3 day notice is a damages claim calculated by pro rata rent.

Sent from my iPhone

> On Mar 9, 2022, at 10:19 AM, Maxwell Glasson <max at glassonlegal.com> wrote:
> 
> ?
> Hi Jennifer,
>  
> If the eviction is based upon nuisance, the landlord is not obligated to accept a rental payment from the client in this scenario.  That said, take a careful look at your lease to see how the wording of the ?last month?s rent? is to be applied. 
>  
> You may also want to include in the complaint a claim for rent and costs ?to be proven at trial? and a prayer for the same so if the eviction is successful but extends beyond the move-out date.  You can then convert the action to a civil matter and it if the client thinks that would be cost/energy effective. 
>  
> Regards,
>  
> Maxwell B. Glasson 
> Glasson Legal, PLLC 
> 2212 Queen Anne Ave. N, #659
> Seattle, Washington, 98109
> 206-627-0528
> max at glassonlegal.com
> www.glassonlegal.com
> WA# 51948  NV# 13339  CA# 292356
> THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY NOTIFY US AND DELETE THE ORIGINAL MESSAGE.
>  
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jennifer Tengono
> Sent: Wednesday, March 9, 2022 10:05 AM
> To: wsbarp at lists.wsbarppt.com
> Subject: [WSBARP] Can landlord refuse rent during eviction proceedings?
>  
> Good morning Listmates.
>  
> Can a landlord refuse rent for a month-to-month tenant during an eviction that is (1) not based upon the failure to pay rent when the landlord already has received a last month?s rent payment at signing and (2) not section 8 housing? Landlord has already served complaint and summons on tenant for nuisance and intends to proceed with OSC hearing. In the meantime, the landlord intends to apply the last month?s rent already received for this March?s rent. In the event the eviction proceeds past March, the landlord would accept a prorated rent upon completion of the action. Landlord is not intending to make any claims regarding past due rent or anything of that nature, merely wishes to terminate lease in accordance with .650.
>  
> Thank you for your input.
>  
> Respectfully,
>  
> Jennifer Tengono
>  
> ***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: 5
Date: Thu, 10 Mar 2022 16:52:32 +0000
From: Nestor Gorfinkel <esq at gorfinkel-law.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Electronic notary for overseas party?
Message-ID:
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My response is yes. Florida has had an electronic notary procedure (RON) in place since 1/1/2020. I am not an electronic notary, but used them as well as a Virginia RON (for non US Residents) very frequently.
The Florida law and I don't see how Washington would be different, requires only the notary to be physically present in the State of Florida when the act is performed. I have participated with clients signing in far away places like Siberia and Argentina and the act is valid and granted full faith and credit in all states.

I have had several Washington State Deeds or other instruments signed by a Florida RON with clients sitting in Washington State and never had an issue getting the document recorded.

Cordially,

Nestor Gorfinkel, Attorney at Law
Licensed in Florida & Washington State
Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Anthony F. Gibbs
Sent: Wednesday, March 9, 2022 1:49 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Electronic notary for overseas party?

With this new-fangled electronic notary thing happening, I wonder:

If the owners of a property here in Seattle currently live in Somaliland and they want to transfer their property to their two sons, who live here in Seattle, could a notary with the electronic notary endorsement notarize a quitclaim deed when the Grantors are in Somaliland?

Any thoughts are appreciated.

Otherwise, I'm trying to determine the best way to have the Somaliland parents properly execute a quitclaim deed for use here.

Thanks!
--
Anthony F. Gibbs, Esq.
Sounder Law PLLC

(206) 734-4374 [P]
(206) 212-7825 [F]
anthony at sounderlaw.com<mailto:anthony at sounderlaw.com>
sounderlaw.com

22014 7th Ave South, Suite 106
Des Moines, WA 98198

15600 Redmond Way, Suite 101
Redmond, WA 98052

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