[WSBARP] Federally backed mortgages and evictions

Tue Jan 17 10:38:09 PST 2023

You might as well just all move to 30 day notices no matter what.
*Pinzon *applies
to more than just federally backed mortgages. If a tenant receives federal
subsidies, then it also applies. There's no clear way to totally determine
whether or not a property/tenant is subject to the CARES Act. In court the
other day, I watched an unlawful detainer hearing where the plaintiff was
sure the property was not subject to CARES/*Pinzon, *but the defense
attorney used some website that claimed it was (though the website
specifically stated it was not guaranteeing accuracy) and the Commissioner
said the only person "with knowledge" to provide a declaration was a
qualified title officer as part of a title review. So, if a landlord wishes
to move forward, then the landlord likely has to line up a title officer to
do a search and provide a declaration one way or the other. AND don't
forget that evictions take 4-6 months (at least they do in King County), SO
there's no guarantee that the loan, even if not federally backed, is not
sold during that time period to Fannie or Freddie. So, in that circumstance
the landlord would have to start all over at the beginning if that were to
happen at any point before the Sheriff executed the writ.

Might as well bypass the whole thing and just move to all 30 day notices
while this mess gets worked out by the Supreme Court. *Pinzon *is a mess.

Food for thought - the unlawful detainer statute was created for a quick
and efficient way to resolve the issue of possession. It's no longer quick,
it's no longer efficient, and it's no longer affordable for many landlords.
Some are starting to consider walking away from unlawful detainers and just
file full on ejectment cases because now they are likely faster and can
resolve all issues more effectively than unlawful detainers can.

KJ

On Tue, Jan 17, 2023 at 6:49 AM Kary Krismer <Krismer at comcast.net> wrote:

> If you look at the definition for 1-4 family homes it includes Fannie Mae
> and Freddie Mac loans, so it would be virtually all home loans except maybe
> those portfolio lenders like Washington Federal.
>
> 15 USC 9058.
>
> The same is true of 5 units and above, but I have no idea how common
> Fannie and Freddie are in those type of loans.
>
> There are also Internet tools I remember from the financial crisis, but I
> have not idea used or even thought about those for years.
>
> https://fhmtg.com/freddie-mac-and-fannie-mae-loan-lookup-tools/
>
> Kary L. Krismer
> 206 723-2148
>
> On 1/17/2023 6:23 AM, Annie Fitzsimmons wrote:
>
> Good Morning.  If you've not yet read *Sherwood Auburn LLC v. Pinzon*,
> 521 P.3d 212 (Wash. Ct. App. 2022), then reading it will get your
> Tuesday-masquerading-as-a-Monday off to a startling start.  Spoiler alert:
> based on the CARES Act, all  landlords with a federally backed mortgage
> must give 30 days notice before initiating an eviction based on unpaid
> rent.
>
> Question:   How do you know if a mortgage is a "federally backed
> mortgage"?  I know that FHA and VA loans are federally backed.  Aren't
> there some conventional loans that are federally backed?  If so, how do you
> determine if it is or isn't?
>
> Thanks!  Annie
>
> Annette T. Fitzsimmons P.S.
> P.O. Box 430
> Belfair, WA 98528
>
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Thank you,

Kaitlyn R. Jackson, Senior Associate Attorney

Dimension Law Group, PLLC

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