[WSBARP] Federally backed mortgages and evictions
Kary Krismer
Krismer at comcast.net
Tue Jan 17 13:16:30 PST 2023
Is a title officer an expert on federal loan programs, and whether a
particular DOT is included in any such program? Other than the fact a
certain DOT form might be used I don't see how they would know, and
anyone could use any particular form, AFAIK.
Kary L. Krismer
206 723-2148
On 1/17/2023 10:38 AM, Kaitlyn Jackson wrote:
> 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
>>
>>
>> ***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.***
>>
>> _______________________________________________
>> WSBARP mailing list
>> WSBARP at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
> ***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.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
>
> --
>
> Thank you,
>
>
> Kaitlyn R. Jackson, Senior Associate Attorney
>
> Dimension Law Group, PLLC
>
> *Office:*206-973-3500│*Fax:* 206-577-5090
>
> *Email:***kaitlyn at dimensionlaw.com <http://dimensionlaw.com/>
>
> *www.dimensionlaw.com <http://www.dimensionlaw.com/>*
>
> 631 Strander Blvd, Suite G, Tukwila, WA 98188
>
> PRIVILEGED AND CONFIDENTIAL: This email (including any attachments)
> is intended only for the use of the individual or entity named above
> and may contain privileged or confidential information. If you are not
> the intended recipient, or the employee or agent responsible to
> deliver it to the intended recipient, you are notified that any
> review, dissemination, distribution or copying of this email is
> prohibited. If you have received this email in error, please
> immediately notify us by email, facsimile, or telephone; return the
> email to us at the email address below; and destroy all paper and
> electronic copies.
>
>
> PRIVILEGED AND CONFIDENTIAL:This e-mail (including any attachments) is
> intended only for the use of the individual or entity named above and
> may contain privileged or confidential information. If you are not the
> intended recipient, or the employee or agent responsible to deliver it
> to the intended recipient, you are notified that any review,
> dissemination, distribution or copying of this e-mail is prohibited.
> Attempts to intercept this message are in violation of 18 USC 2511(1)
> of the Electronic Communications Privacy Act, which subjects the
> interceptor to fines, imprisonment and/or civil damages. If you have
> received this e-mail in error, please immediately notify us by e-mail,
> facsimile, or telephone; return the e-mail to us at the e-mail address
> below; and destroy all paper and electronic copies. Any settlement
> offer contained herein is made pursuant to Washington ER 408, and
> without admitting fault or liability on the part of this firm’s
> client(s) or its agents.IRS CIRCULAR 230 DISCLAIMER:To ensure
> compliance with requirements imposed by the IRS, I inform you that any
> U.S. tax advice contained in this communication (including any
> attachments) is not intended or written to be used, and cannot be
> used, for the purpose of (i) avoiding penalties under the Internal
> Revenue Code; or (ii) promoting, marketing or recommending to another
> party any transaction or tax-related matter addressed herein.
>
> ***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.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/cf37ee71/attachment.html>
More information about the WSBARP
mailing list