[WSBARP] Ejectment? Partition?

Fri Jun 9 11:08:26 PDT 2023

I generally agree that avoiding getting stuck with 59.18 is preferrable, in
this case it might be the most expedient way to get the brothers out. Under
RCW 59.18.650, the PR can give a 90-day notice of intent to sell (although
some localities have longer timelines, like Federal Way). As long as the
notice is properly served, the brothers don't have a defense to eviction.
Once they're out, the PR just has to put the house on the market within 30
days to avoid a claim of wrongful eviction. All of that might be quicker
than being on the slow track with an ejectment action.

*Spencer A. W. Stromberg*
Attorney at Law

1403 S. Grand Blvd., Suite 201-S
Spokane, WA 99203-2278

P: 509.455.3713
D: 509.828.4644
F: +1.509.455.3718 (must dial 1 before area code)
E: spencer at lucentlaw.com

lucentlaw.com <https://www.lucentlaw.com/>
Facebook <https://www.facebook.com/lucentlaw>
LinkedIn <https://www.linkedin.com/company/lucent-law>
Twitter <https://twitter.com/LucentLaw>

CONFIDENTIALITY NOTICE: This email and any attachments are confidential and
may be protected by legal privilege. If you are not the intended recipient,
be aware that any disclosure, copying or distribution, or use of this email
or any attachment is prohibited. If you have received this email in error,
please notify me and delete it from your system.

On Thu, Jun 8, 2023 at 2:39 PM Julie Nichols <julie at whitehousenichols.com>
wrote:

> Thanks everyone for the emails and calls.  Appreciate the feedback and
> agree 100% that keeping out of 59.18 is priority #1.
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Gwendolyn Cornwell
> *Sent:* Thursday, June 8, 2023 1:30 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Ejectment? Partition?
>
>
>
> It may also be a good idea to make sure the original notice meets the
> requirements of both eviction and ejectment notices.  Sometimes defendants
> try to show that the wrong type of complaint was filed.  If both notice
> requirements were met, you can request that the court convert the complaint
> type to whichever they are claiming.  If, of course, that is the best path
> forward given the specific circumstances.
>
>
>
> Gwendolyn Cornwell
>
> Attorney
>
> *GOURLEY LAW GROUP*
>
> *THE EXCHANGE CONNECTION*
>
> *SNOHOMISH ESCROW *
>
> P.O. Box 1091
>
> Snohomish, WA 98291
>
> PH:  (360) 568-5065 (800) 291-8401
>
> Fax: (360) 568-8092
>
>
>
> CONFIDENTIALITY NOTICE: This electronic mail transmission may contain
> legally privileged, confidential information belonging to the sender. The
> information is intended only for the use of the individual or entity named
> above. If you are not the intended recipient, you are hereby notified that
> any disclosure, copying, distribution or taking any action based on the
> contents of this electronic mail is strictly prohibited. If you have
> received this electronic mail in error, please contact sender and delete
> all copies.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Jennifer L White
> *Sent:* Thursday, June 8, 2023 1:20 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Ejectment? Partition?
>
>
>
> Julie,
>
> I have an estate right now that we have struggled through this errant
> relative situation with and it has been a big time and $$$ drain for the
> estate.
>
> I wouldn’t worry about partition, but unless you do LL/T, my advice is for
> the estate to hire an attorney well versed in this area of the law to
> handle this part of the process. There have been so many changes in the law
> in the last couple of years that it is very complex and difficult to
> successfully navigate.  One small mis-step and you get to start all over
> again.
>
> Tips: Involve the LL/T attorney even at the “reasonable notice” stage to
> get it right. If foreclosure is a possibility because the mortgage isn’t
> able to be paid, I would suggest that the PR contacts the lender and
> explains what is happening. Hopefully they will give you some grace and
> time to get the occupants out. In my recent case they did because I think
> they didn’t want to have to deal with it. Don’t delay on getting something
> filed in court because the court calendars (at least in King Co) are a
> place where hearings get delayed time after time after time – we
> experienced at least a month in between each delay…..and the best part - be
> prepared – they will get their ‘free’ attorney to fight you!
>
>
>
> Good Luck!
>
>
>
> Jennifer L. White, Esq.
>
>
>
> *jen at appletreelaw.com <jen at appletreelaw.com>*
>
> 2200 S 76th Ave
>
> Yakima, WA 98903
>
> 509.225.9813
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Julie Nichols
> *Sent:* Thursday, June 8, 2023 12:50 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Ejectment? Partition?
>
>
>
> Good afternoon,
>
> Client is PR of estate; heirs are PR & her two siblings according to
> will.  Only asset of estate is family home where Client’s two brothers have
> been living for free for some time.
>
> Probate is open and Client PR has non-intervention powers.
>
> Client wants to get brothers out and home on market before it goes into
> foreclosure.
>
> Our plan is (I think) to provide reasonable notice to leave the property
> then file an ejectment action, however, the question has come up about
> whether it might be subject to the partition statute?  Maybe this is just a
> potential affirmative defense?
>
> Any thoughts would be appreciated.  These scenarios seem to be coming up
> more and more.
>
>
>
> *Julie Nichols*
>
> Whitehouse & Nichols, LLP
>
> Attorneys at Law
>
> P.O. Box 1273
>
> 601 W. Railroad Ave, Suite 300 (physical only-no mail)
>
> Shelton, WA  98584
>
> 360.426.5885
>
>
>
>
> ***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
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230609/f34faca4/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 987192 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230609/f34faca4/image001-0001.jpg>