[WSBARP] WSBARP Digest, Vol 100, Issue 22
STEPHEN WHITEHOUSE
swhite8893 at aol.com
Wed Jan 18 17:43:53 PST 2023
So what if the loan was prior to the enactment of the CARES act?
Whose burden of proof is it?
Steve Whitehouse
Sent from my iPad
> On Jan 17, 2023, at 2:28 PM, wsbarp-request at lists.wsbarppt.com wrote:
>
> Send WSBARP mailing list submissions to
> wsbarp at lists.wsbarppt.com
>
> To subscribe or unsubscribe via the World Wide Web, visit
> http://mailman.fsr.com/mailman/listinfo/wsbarp
> or, via email, send a message with subject or body 'help' to
> wsbarp-request at lists.wsbarppt.com
>
> You can reach the person managing the list at
> wsbarp-owner at lists.wsbarppt.com
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of WSBARP digest..."
>
>
> Today's Topics:
>
> 1. Re: Federally backed mortgages and evictions (Jimmy Garg)
> 2. Re: Federally backed mortgages and evictions (Kaitlyn Jackson)
> 3. Re: Tree Root Issue (Roger Hawkes)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 17 Jan 2023 22:00:25 +0000
> From: Jimmy Garg <jimmy at jimmygarg.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Federally backed mortgages and evictions
> Message-ID:
> <DM4PR11MB81301C4DE29020129A33BDDAA6C69 at DM4PR11MB8130.namprd11.prod.outlook.com>
>
> Content-Type: text/plain; charset="utf-8"
>
> This is especially troubling considering I?m still trying to find a solution to my client?s problem where tenants damaged the property, refused to allow entry to remediate the issues, and then called SDCI themselves to get SDCI to revoke the rental registration after they stopped paying rent. Unlawful detainer was denied because rental registration with SDCI was revoked, even though it was in place when the notice was given and the suit was filed. I don?t see anything besides ejectment available to this client.
>
> Jimmy Garg, Esq.
> Jimmy Garg, PLLC
> 300 Lenora Street # 1063
> Seattle, WA 98121
> 206-580-3790 (p) 206-736-3218 (f)
> Notice: Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, then NO exchange of information by virtue of e-mails or other communications will create an attorney-client relationship, including a duty of confidentiality, between sender and/or recipient.
> Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you.
> Please note that due to COVID-19, this office is not currently accepting in person appointments.
>
> 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<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
> [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>
> www.reedlongyearlaw.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.reedlongyearlaw.com%2F&data=02%7C01%7Callred.court%40kingcounty.gov%7C485c2a15f77f4155bef308d639468c12%7Cbae5059a76f049d7999672dfe95d69c7%7C0%7C0%7C636759372492640646&sdata=VVO7PJn1H9mYpJ1TVSKeOTp%2FWmYEkfMWx2SPx7VMKkk%3D&reserved=0>
> [cid:image002.png at 01D92A7C.0ABAB5E0]<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.facebook.com%2Freedlongyear&data=02%7C01%7Callred.court%40kingcounty.gov%7C485c2a15f77f4155bef308d639468c12%7Cbae5059a76f049d7999672dfe95d69c7%7C0%7C0%7C636759372492640646&sdata=p3G%2F1OTG%2B5tEgygs0u%2FdSyMK9W2W5xFiO6bePiSQ2yc%3D&reserved=0>[cid:image003.png at 01D92A7C.0ABAB5E0]<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2FReedLongyear&data=02%7C01%7Callred.court%40kingcounty.gov%7C485c2a15f77f4155bef308d639468c12%7Cbae5059a76f049d7999672dfe95d69c7%7C0%7C0%7C636759372492650651&sdata=QBzKTGCaAitVrliptkbZJ%2FjmRHrv25nGxb5KCSns62A%3D&reserved=0>[cid:image004.png at 01D92A7C.0ABAB5E0]<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Freed-longyear-malnati-%26-ahrens-pllc&data=02%7C01%7Callred.court%40kingcounty.gov%7C485c2a15f77f4155bef308d639468c12%7Cbae5059a76f049d7999672dfe95d69c7%7C0%7C0%7C636759372!
> 492650651&sdata=sJwb2z2gw1HFoVAl1FNDcrEBKcXJVMv9c8s3w%2BlbyOU%3D&reserved=0>
> The information in this email message may be privileged and confidential. It is intended only for the use of the recipient named above (or the employee or agent responsible to deliver it to the intended recipient). If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
>
>
> 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 loa!
> n, 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
>
>
> ***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<mailto:WSBARP at lists.wsbarppt.com>
>
> http://mailman.fsr.com/mailman/listinfo/wsbarp<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=05%7C01%7Cjburnett%40reedlongyearlaw.com%7C70fc37ac567844d4dff908daf8bb2aba%7Cc42db07999e840ff9b106ba95e2918a6%7C0%7C0%7C638095780012455978%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=QxgW6KZwGNVktn46d7TTmENGu1mi2XCNzYQwUxsmS8U%3D&reserved=0>
> ***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<mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=05%7C01%7Cjburnett%40reedlongyearlaw.com%7C70fc37ac567844d4dff908daf8bb2aba%7Cc42db07999e840ff9b106ba95e2918a6%7C0%7C0%7C638095780012455978%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=QxgW6KZwGNVktn46d7TTmENGu1mi2XCNzYQwUxsmS8U%3D&reserved=0>
>
>
> --
> 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<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fdimensionlaw.com%2F&data=05%7C01%7Cjburnett%40reedlongyearlaw.com%7C70fc37ac567844d4dff908daf8bb2aba%7Cc42db07999e840ff9b106ba95e2918a6%7C0%7C0%7C638095780012455978%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=SvPMFME4E82JgUqeL9tt6wxc1L3nYZeVc9sl7QvKzSs%3D&reserved=0>
> www.dimensionlaw.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dimensionlaw.com%2F&data=05%7C01%7Cjburnett%40reedlongyearlaw.com%7C70fc37ac567844d4dff908daf8bb2aba%7Cc42db07999e840ff9b106ba95e2918a6%7C0%7C0%7C638095780012455978%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=aSDE8TQGOixbGY3468DtzGcfP8FtdkanSBEab%2B1M%2FGg%3D&reserved=0>
> 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 C!
> IRCULAR 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<mailto: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 C!
> IRCULAR 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.
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/181c604f/attachment-0001.html>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image001.png
> Type: image/png
> Size: 24909 bytes
> Desc: image001.png
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/181c604f/image001-0001.png>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image002.png
> Type: image/png
> Size: 1750 bytes
> Desc: image002.png
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/181c604f/image002-0001.png>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image003.png
> Type: image/png
> Size: 1991 bytes
> Desc: image003.png
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/181c604f/image003-0001.png>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image004.png
> Type: image/png
> Size: 1826 bytes
> Desc: image004.png
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/181c604f/image004-0001.png>
>
> ------------------------------
>
> Message: 2
> Date: Tue, 17 Jan 2023 14:05:24 -0800
> From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Federally backed mortgages and evictions
> Message-ID:
> <CAO+NF_6TNcedtpPx6wCsVcQOiOrCOWGMZVXUtavD4e8OF_zKGw at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Exactly my point. Just bypass UDs. They serve little purpose anymore for
> the Landlord.
>
> *Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>*
>
>
>> On Tue, Jan 17, 2023 at 2:04 PM Jimmy Garg <jimmy at jimmygarg.com> wrote:
>>
>> This is especially troubling considering I?m still trying to find a
>> solution to my client?s problem where tenants damaged the property, refused
>> to allow entry to remediate the issues, and then called SDCI themselves to
>> get SDCI to revoke the rental registration after they stopped paying rent.
>> Unlawful detainer was denied because rental registration with SDCI was
>> revoked, even though it was in place when the notice was given and the suit
>> was filed. I don?t see anything besides ejectment available to this client.
>>
>>
>>
>> Jimmy Garg, Esq.
>>
>> Jimmy Garg, PLLC
>>
>> 300 Lenora Street # 1063
>> Seattle, WA 98121
>>
>> 206-580-3790 (p) 206-736-3218 (f)
>>
>> *Notice:* Unless you have previously signed an engagement agreement with
>> this firm, and the firm has accepted you as a client, then NO exchange of
>> information by virtue of e-mails or other communications will create an
>> attorney-client relationship, including a duty of confidentiality, between
>> sender and/or recipient.
>>
>> *Confidentiality Note:* This e-mail, and any attachment to it, contains
>> privileged and confidential information intended only for the use of the
>> individual(s) or entity named on the e-mail. If the reader of this e-mail
>> is not the intended recipient, or the employee or agent responsible for
>> delivering it to the intended recipient, you are hereby notified that
>> reading it is strictly prohibited. If you have received this e-mail in
>> error, please immediately return it to the sender and delete it from your
>> system. Thank you.
>>
>> Please note that due to COVID-19, this office is not currently accepting
>> in person appointments.
>>
>>
>>
>> *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
>> [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
>> <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.reedlongyearlaw.com%2F&data=02%7C01%7Callred.court%40kingcounty.gov%7C485c2a15f77f4155bef308d639468c12%7Cbae5059a76f049d7999672dfe95d69c7%7C0%7C0%7C636759372492640646&sdata=VVO7PJn1H9mYpJ1TVSKeOTp%2FWmYEkfMWx2SPx7VMKkk%3D&reserved=0>
>>
>>
>> <https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.facebook.com%2Freedlongyear&data=02%7C01%7Callred.court%40kingcounty.gov%7C485c2a15f77f4155bef308d639468c12%7Cbae5059a76f049d7999672dfe95d69c7%7C0%7C0%7C636759372492640646&sdata=p3G%2F1OTG%2B5tEgygs0u%2FdSyMK9W2W5xFiO6bePiSQ2yc%3D&reserved=0>
>> <https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2FReedLongyear&data=02%7C01%7Callred.court%40kingcounty.gov%7C485c2a15f77f4155bef308d639468c12%7Cbae5059a76f049d7999672dfe95d69c7%7C0%7C0%7C636759372492650651&sdata=QBzKTGCaAitVrliptkbZJ%2FjmRHrv25nGxb5KCSns62A%3D&reserved=0>
>> <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Freed-longyear-malnati-%26-ahrens-pllc&data=02%7C01%7Callred.court%40kingcounty.gov%7C485c2a15f77f4155bef308d639468c12%7Cbae5059a76f049d7999672dfe95d69c7%7C0%7C0%7C636759372492650651&sdata=sJwb2z2gw1HFoVAl1FNDcrEBKcXJVMv9c8s3w%2BlbyOU%3D&reserved=0>
>> The information in this email message may be privileged and confidential.
>> It is intended only for the use of the recipient named above (or the
>> employee or agent responsible to deliver it to the intended recipient). If
>> you received this in error, you are hereby notified that any dissemination,
>> distribution or copying of this communication is strictly prohibited.
>>
>>
>>
>>
>>
>> *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.***
>>
>>
>>
>> _______________________________________________
>>
>> WSBARP mailing list
>>
>> WSBARP at lists.wsbarppt.com
>>
>> http://mailman.fsr.com/mailman/listinfo/wsbarp <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=05%7C01%7Cjburnett%40reedlongyearlaw.com%7C70fc37ac567844d4dff908daf8bb2aba%7Cc42db07999e840ff9b106ba95e2918a6%7C0%7C0%7C638095780012455978%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=QxgW6KZwGNVktn46d7TTmENGu1mi2XCNzYQwUxsmS8U%3D&reserved=0>
>>
>> ***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
>> <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=05%7C01%7Cjburnett%40reedlongyearlaw.com%7C70fc37ac567844d4dff908daf8bb2aba%7Cc42db07999e840ff9b106ba95e2918a6%7C0%7C0%7C638095780012455978%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=QxgW6KZwGNVktn46d7TTmENGu1mi2XCNzYQwUxsmS8U%3D&reserved=0>
>>
>>
>>
>>
>> --
>>
>> 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
>> <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fdimensionlaw.com%2F&data=05%7C01%7Cjburnett%40reedlongyearlaw.com%7C70fc37ac567844d4dff908daf8bb2aba%7Cc42db07999e840ff9b106ba95e2918a6%7C0%7C0%7C638095780012455978%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=SvPMFME4E82JgUqeL9tt6wxc1L3nYZeVc9sl7QvKzSs%3D&reserved=0>
>>
>> *www.dimensionlaw.com
>> <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dimensionlaw.com%2F&data=05%7C01%7Cjburnett%40reedlongyearlaw.com%7C70fc37ac567844d4dff908daf8bb2aba%7Cc42db07999e840ff9b106ba95e2918a6%7C0%7C0%7C638095780012455978%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=aSDE8TQGOixbGY3468DtzGcfP8FtdkanSBEab%2B1M%2FGg%3D&reserved=0>*
>>
>> 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
>>
>>
>>
>>
>> --
>>
>> 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
>>
>> *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
>>
>
>
> --
>
> 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
>
> *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.
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/a2fcf371/attachment-0001.html>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image001.png
> Type: image/png
> Size: 24909 bytes
> Desc: not available
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/a2fcf371/image001-0001.png>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image002.png
> Type: image/png
> Size: 1750 bytes
> Desc: not available
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/a2fcf371/image002-0001.png>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image003.png
> Type: image/png
> Size: 1991 bytes
> Desc: not available
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/a2fcf371/image003-0001.png>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image004.png
> Type: image/png
> Size: 1826 bytes
> Desc: not available
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/a2fcf371/image004-0001.png>
>
> ------------------------------
>
> Message: 3
> Date: Tue, 17 Jan 2023 22:27:32 +0000
> From: Roger Hawkes <Roger at law-hawks.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Tree Root Issue
> Message-ID:
> <CO6PR16MB409786DCFB7C33A763CC2F84E9C69 at CO6PR16MB4097.namprd16.prod.outlook.com>
>
> Content-Type: text/plain; charset="utf-8"
>
> Thanks, Bryce; that is what I have though was ?the law? for a long time.
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
> Sent: Tuesday, January 17, 2023 1:54 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Tree Root Issue
>
> Herring v. Pelayo It holds that if tree is standing on the property line it is owned in common and that it seems to hold that you can trim the branches on your side if it does not affect the health of the tree but you are liable if it does kill or damage the tree which different then other case cited where the tree was not on the line.
>
> Bryce H. Dille
> Dille Law, PLLC
> 2010 Caton Way SW Ste. 101
> Olympia, WA 98502
> Office: 360-350-0270
> Cell: 253-579-5561
>
> [R_Alan_Swanson-WH-200]
> ** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
>
> This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s). If this matter is transmitted to you in error, please notify the sender immediately.
>
> Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.
>
> 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 Roger Hawkes
> Sent: Tuesday, January 17, 2023 1:10 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Tree Root Issue
>
> Thanks, Bryce; my search won?t find that number; what is the case name?
>
> 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 Bryce Dille
> Sent: Monday, January 16, 2023 4:01 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Tree Root Issue
>
> However we have a different result if the tree that dies is right on the property line and is on both of the neighboring properties see 198 Wn.App. 828 the court held the neighbors hold the tree as tenants in common
>
> Bryce H. Dille
> Dille Law, PLLC
> 2010 Caton Way SW Ste. 101
> Olympia, WA 98502
> Office: 360-350-0270
> Cell: 253-579-5561
>
> [R_Alan_Swanson-WH-200]
> ** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
>
> This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s). If this matter is transmitted to you in error, please notify the sender immediately.
>
> Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.
>
> 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 Jennifer L White
> Sent: Monday, January 16, 2023 3:26 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Tree Root Issue
>
> The case did talk about nuisance/negligence. It said that nuisance cloaked in negligence gets a negligence review ? and that, the claim fails because it can?t pass the first element of negligence, breach of duty.
>
> Jennifer L. White, Esq.
> [cid:image002.jpg at 01D92A7F.D0E19C40]
>
> jen at appletreelaw.com<mailto:jen at appletreelaw.com>
> 2200 S 76th Ave
> Yakima, WA 98903
> 509.225.9813
>
> 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 Bryce Dille
> Sent: Monday, January 16, 2023 3:13 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Tree Root Issue
>
> I think it is clear under the Washington case that the one has the right to cut tree roots on their property up to the property line regardless of the damage to the tree however, the case law does not directly answer the question, which is if the tree roots are removed and as a result, the tree falls down and damages property damage or causes personal injury and you can establish that the person removing the roots knew or should?ve known of this result is that person liable for the resulting damage.
> Bryce H. Dille
> Dille Law, PLLC
> Office: 360-350-0270
> Cell: 253-579-5561
>
> ** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
>
> On Jan 16, 2023, at 1:55 PM, Melody Tucker Law <melodytuckerlaw at hotmail.com<mailto:melodytuckerlaw at hotmail.com>> wrote:
> ?
> Listmates, I have a question for the knowledgeable among you in tree law.
>
> I received a call from a potential client who has property containing numerous large trees. The tree in question in this matter is fully on his own property but some roots do extend onto the neighbor's property, of course. The roots have done no damage, but the neighbor has decided to cut the roots at the property line because he doesn't want them on his side of the fence. The PC is concerned that if those very large roots are cut, it could kill the tree eventually. Even of greater concern is that those are anchoring roots and that tree will no longer be secure and could easily fall onto his house.
>
> The neighbor is determined to cut the roots. PC would like to know what his legal standing is to 1- prohibit the neighbor from cutting the roots, or 2- what his recourse is should the roots be cut and the tree dies or falls onto his home.
>
> All input, information, and citations if available, would be greatly appreciated. Thank you so much.
>
> Melody
>
>
>
>
> Melody Claire Tucker
> Attorney at Law
> WSBA #42096
> Melody Tucker Law
> P.O. Box 2029
> Lynnwood, WA 98036
> 206-228-4980 Fax: 425-743-5921
> website: MelodyTuckerLaw.com
>
>
>
> CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
> ***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<mailto: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/20230117/80e0d382/attachment.html>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image001.png
> Type: image/png
> Size: 8651 bytes
> Desc: image001.png
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/80e0d382/image001.png>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image002.jpg
> Type: image/jpeg
> Size: 987192 bytes
> Desc: image002.jpg
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230117/80e0d382/image002.jpg>
>
> ------------------------------
>
> ***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
>
> End of WSBARP Digest, Vol 100, Issue 22
> ***************************************
More information about the WSBARP
mailing list