[WSBARP] Federally backed mortgages and evictions
Jeff at bellanddavispllc.com
Jeff at bellanddavispllc.com
Wed Jan 18 11:52:46 PST 2023
I would love to avoid the UDA, under the present law, and just eject. However, won’t the court’s argue you are denying the Tenants the (onerous) protections provided by the new RCW 59.18. Denying them moving costs, to be paid by the Landlord, recovery of rent, penalties, attorney’s fees.
Jeff
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
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Sequim WA 98382
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email: <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
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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 17, 2023 1:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Federally backed mortgages and evictions
Jason -
I would LOVE to know what grounds Judge Faris based that opinion on given several facts, including but not limited to the fact that Superior Court is a court of general jurisdiction.
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On Tue, Jan 17, 2023 at 11:04 AM Jason Burnett <jburnett at reedlongyearlaw.com <mailto:jburnett at reedlongyearlaw.com> > wrote:
I recently learned that Judge Ana Faris in Snohomish County thinks that landlords are obligated to use the unlawful detainer process and that ejectment is unavailable other than as ancillary relief to a quiet title action.
Jason W. Burnett
Attorney at Law
Reed Longyear Malnati Corwin & Burnett, PLLC
<http://reedlongyearlaw.com/>
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Seattle, WA 98104
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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 Kaitlyn Jackson
Sent: Tuesday, January 17, 2023 10:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Federally backed mortgages and evictions
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 <mailto: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/ <https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffhmtg.com%2Ffreddie-mac-and-fannie-mae-loan-lookup-tools%2F&data=05%7C01%7Cjburnett%40reedlongyearlaw.com%7C70fc37ac567844d4dff908daf8bb2aba%7Cc42db07999e840ff9b106ba95e2918a6%7C0%7C0%7C638095780012455978%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=ilqfpqtiqr9yUmp%2BhfQYjMAC2cSpcTHpVCjojdHOqBQ%3D&reserved=0>
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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