[WSBARP] Federally backed mortgages and evictions
Tom Westbrook
tjw at w3net.net
Wed Jan 18 17:19:01 PST 2023
Amen………………..
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
324 West Bay Drive NW, Suite 201
Olympia, WA 98502
(360) 866-4000 phone
(360) 866--3832 fax
www.buddbaylaw.com
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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *K. Garl Long
*Sent:* Wednesday, January 18, 2023 5:13 PM
*To:* wsbarp at lists.wsbarppt.com
*Subject:* Re: [WSBARP] Federally backed mortgages and evictions
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
www.bellanddavispllc.com
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*From:* wsbarp-bounces at lists.wsbarppt.com
<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
www.bellanddavispllc.com
The information contained in this e-mail message may be privileged,
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error, please e-mail the sender at info at bellanddavispllc.com or call
360.683.1129.
*From:* wsbarp-bounces at lists.wsbarppt.com
<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>
<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
[image: 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
www.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/
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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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*Email:* kaitlyn at dimensionlaw.com
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