[WSBARP] Federally backed mortgages and evictions
K. Garl Long
Garl at longlaw.biz
Wed Jan 18 17:13:03 PST 2023
Jeff:
You are. The combat is, and has, caused smaller housing providers to
flee the market. The UD statute was implemented to convince people to
provide housing by promising that if they were not paid, or the tenant
caused problems, the law would promptly and inexpensively restore the
owner to possession of their property. Now, the law does the opposite.
This "policy" convinces people not to provide housing. It is foolish in
the short term, and very foolish in the long term. The small housing
provider will soon be gone. The government is more likely to seize
control of private property than it is to admit it destroyed a market
that served good tenants and willing providers well. (The registration
list will provide target properties.) We will have more actual homeless,
more government tenements, and more profit for monopolistic housing
conglomerates. What a beautiful world it will be.
KGL
On 1/18/23 15:39, Jeff at bellanddavispllc.com wrote:
>
> You are technically right Garl, however, here, it feels like you are
> fighting the court, tenant, and the tenant’s court appointed attorney.
>
> 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/>
>
> The information contained in this e-mail message may be privileged,
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> info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>or call
> 360.683.1129.
>
> **
>
> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *K. Garl Long
> *Sent:* Wednesday, January 18, 2023 2:21 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* Re: [WSBARP] Federally backed mortgages and evictions
>
> "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/>
>
> The information contained in this e-mail message may be
> privileged, confidential, and protected from disclosure. If you
> are not the intended recipient, any dissemination, distribution,
> or copying is strictly prohibited. If you think that you have
> received this e-mail message in error, please e-mail the sender at
> info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>or
> call 360.683.1129.
>
> **
>
> *From:* 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 1:40 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> <mailto: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
> generated with low confidence <http://reedlongyearlaw.com/>
>
> 801 Second Ave, Suite 1415
> Seattle, WA 98104
> Phone: (206) 624‑6271
> Fax: (206) 624‑6672
> jburnett at reedlongyearlaw.com
> <mailto:jburnett at reedlongyearlaw.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 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
>
> ***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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> Thank you,
>
> Kaitlyn R. Jackson, Senior Associate Attorney
>
> Dimension Law Group, PLLC
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