[WSBARP] Federally backed mortgages and evictions
K. Garl Long
Garl at longlaw.biz
Wed Jan 18 14:21:24 PST 2023
"won't the courts argue", maybe the court should leave argument to the
lawyers.
KGL
On 1/18/23 11:52, Jeff at bellanddavispllc.com wrote:
>
> 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
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.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.
>
> /Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>/
>
> On Tue, Jan 17, 2023 at 11:04 AM Jason Burnett
> <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
> A black background with white text Description automatically
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> 801 Second Ave, Suite 1415
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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 10:38 AM
> *To:* WSBA Real Property Listserv <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>
> 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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> Thank you,
>
> Kaitlyn R. Jackson, Senior Associate Attorney
>
> Dimension Law Group, PLLC
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>
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