[WSBARP] Non-Judicial By Economic Development Organization Against Municipal Corporation

[Joseph McIntosh]

Government land interests routinely get foreclosed non-judicially.  Never seen anything like this.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Catherine Clark
Sent: Monday, March 13, 2023 10:04 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Non-Judicial By Economic Development Organization Against Municipal Corporation

I don’t think a tort claim is necessary as the underlying claim is a breach of contract but it can be useful in resolving matters.

Catherine “Cat” Clark
Law Office of Catherine C. Clark PLLC
110 Prefontaine Place South, Ste. 304
Seattle, WA 98104
Phone: (206) 838-2528
Cell: (206) 409-8938
Email: cat at loccc.com<mailto:cat at loccc.com>


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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 Rob Rowley
Sent: Monday, March 13, 2023 9:26 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Non-Judicial By Economic Development Organization Against Municipal Corporation

I have been retained to make demand and most likely start a nonjudicial foreclosure of Washington State land pledged (deed of trust) by a small Washington State Municipal Corporation for the benefit of an economic development organization per RCW 39.34.

The creditor’s usual firm has a conflict of interest (small county politics) and sent it over to my office to start the nonjudicial foreclosure.

Any thoughts or recommendations?

I vaguely remember as a young associate (billion years ago) doing lots of plaintiff personal-injury work and had to file tort claim prior to taking action.  I couldn't find the analogous requirement under RCW 61.24.

Robert R. Rowley
Attorney & Counselor At Law
p: 509.252.5074  m: 509.994.1143
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a: 7 S Howard St, Ste 218, Spokane, WA 99201
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