[WSBARP] Deed of Trust Enforceability Issues
Bryce Dille
Bryce at dillelaw.com
Wed Nov 6 11:39:39 PST 2024
It depends on the language in the note if the note says the entire principal balance together with accrued interest must be paid on or before a certain date even though it is an installment note then the final installment is whatever hasn't been paid up to that date and therefore the statute of limitations would run on that date however if the installment note simply said X dollars a month at a certain rate of interest until paid in full then I would agree the statute of limitations begins to run on each installment under the note and all you can collect are those installments that haven't been paid within the statute of limitations period.
Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
PLEASE NOTE: our new address above.
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
[R_Alan_Swanson-WH-200]
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 <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark McClure
Sent: Wednesday, November 6, 2024 11:09 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed of Trust Enforceability Issues
Read it. Doesn’t appear to overrule Herzog:
¶21 Applying the principles outlined above to this case, the six-year statute of limitations on each individual missed installment payment began to run on the due date of each missed payment. Thus, there are some individual installment payments that may now be barred by the six-year statute of limitations. But the final statute of limitations has not yet begun to run on any of the notes or deeds of trust. That final statute of limitation will not begin to run on any note or its corresponding deed of trust until that note reaches maturity. Wash. Fed., 195 Wash. App. at 663, 382 P.3d 20<https://urldefense.proofpoint.com/v2/url?u=https-3A__scholar.google.com_scholar-5Fcase-3Fcase-3D15542112841248524962-26q-3DSee-2BMerritt-2Bv.-2BUSAA-2BFederal-2BSavings-2BBank-26hl-3Den-26as-5Fsdt-3D4-2C48&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=vSs1q2sbKwNS_ejX5tADoybAxenkCbm-gQWGvb6-1_8RwQa4PELZ68mZhhsVBVvc&s=uedoKt0oU1c0SoX9YB1CB2eqRyJdZwzauJJ2w_wr4ek&e=> (citing Hopper v. Hemphill, 19 Wash. App. 334, 335-36, 575 P.2d 746 (1978)<https://urldefense.proofpoint.com/v2/url?u=https-3A__scholar.google.com_scholar-5Fcase-3Fcase-3D6381401726308915942-26q-3DSee-2BMerritt-2Bv.-2BUSAA-2BFederal-2BSavings-2BBank-26hl-3Den-26as-5Fsdt-3D4-2C48&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=vSs1q2sbKwNS_ejX5tADoybAxenkCbm-gQWGvb6-1_8RwQa4PELZ68mZhhsVBVvc&s=5YjX3RoTOFNpKpGwuLyvwtbHeAj9QDxf0FRpuBJS3Bk&e=>; Westar Funding, 157 Wash. App. at 784, 239 P.3d 1109<https://urldefense.proofpoint.com/v2/url?u=https-3A__scholar.google.com_scholar-5Fcase-3Fcase-3D12471014541614950616-26q-3DSee-2BMerritt-2Bv.-2BUSAA-2BFederal-2BSavings-2BBank-26hl-3Den-26as-5Fsdt-3D4-2C48&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=vSs1q2sbKwNS_ejX5tADoybAxenkCbm-gQWGvb6-1_8RwQa4PELZ68mZhhsVBVvc&s=i_rIZU39FfNSk-xuk9ly2FPBrNdq4jE69-J9zIy0h7k&e=>; 31 WILLISTON & LORD, supra, § 79:17, at 338, § 79:18, at 347-50).
Mark C. McClure | Managing Attorney
Law Office of Mark McClure, PS
"Why Retire With Debt?"
1103 West Meeker Street, #101
Kent, WA 98032
Office: 253.631.6484 (Leave Msg - Will be returned within 24 hours)
Email: Mark at McClureLawGroup.com<mailto:Mark at McClureLawGroup.com>
Web: www.McClureLawGroup.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mcclurelawgroup.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=vSs1q2sbKwNS_ejX5tADoybAxenkCbm-gQWGvb6-1_8RwQa4PELZ68mZhhsVBVvc&s=6uvC46npZr1_aHlTsTIbOdexlrz8hxh3Wf-ZWoB7bs8&e=>
Notice of Unavailability: November 27, 2024 – November 29, 2024
**NOTE** All visits must be scheduled in advance for access to the building. Call 253-631-6484 to schedule.
CONFIDENTIALITY NOTICE: This email contains legal stuff. If you are not the intended recipient you could get into a lot of trouble if you read it, and even more trouble if you tell someone else about it. So, the best thing to do is ignore it and forget you ever saw it. Thank you.
Corporate/Trust Law News:
FINCer Notice: Deadline: 12/31/2024: A Beneficial Ownership Information Report (BOIR) under the Corporate Transparency Act (CTA). The CTA requires certain types of U.S. and foreign entities to report beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury. If you have an Interest in a Business or Trust – this may apply to you!
Civil penalty. Any person who fails to comply with the registration requirements may be liable for a civil penalty of up to $5,000 for each violation. See https://www.fincen.gov/penalties<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.fincen.gov_penalties&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=vSs1q2sbKwNS_ejX5tADoybAxenkCbm-gQWGvb6-1_8RwQa4PELZ68mZhhsVBVvc&s=UOs8Rg44NBpSFkJM_mUZinN_0TPSbeF0Y55ihIW6VuA&e=>.
Video Explaining More here: https://www.youtube.com/watch?v=4qXv37hf4Dw<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.youtube.com_watch-3Fv-3D4qXv37hf4Dw&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=vSs1q2sbKwNS_ejX5tADoybAxenkCbm-gQWGvb6-1_8RwQa4PELZ68mZhhsVBVvc&s=WM39Krwuiu7T7zpOlkl403p40ate3ISKMcsW7vbQvW8&e=>.
You can file your report here: https://boiefiling.fincen.gov/<https://urldefense.proofpoint.com/v2/url?u=https-3A__boiefiling.fincen.gov_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=vSs1q2sbKwNS_ejX5tADoybAxenkCbm-gQWGvb6-1_8RwQa4PELZ68mZhhsVBVvc&s=7iFZIYsgjt8i4_yRiAFOpTTkRLYCG3zZcrpLYF5AbdU&e=>.
NOTE: If you would like our office to handle your current reporting requirements, we can do so for a flat fee of $1,000 per entity.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Randy Boyer
Sent: Wednesday, November 6, 2024 9:28 AM
To: Real Property Listserve
Subject: Re: [WSBARP] Deed of Trust Enforceability Issues
See Merritt v. USAA Federal Savings Bank
Randy M. Boyer ______
Attorney, WSBA# 8665
Law Office of Randy M. Boyer, Inc. P.S.
7017 196th St. S.W. Lynnwood, Washington 98036
• 425.712.3107| Fax 425.778.2274
mail to: randyedlynlaw at gmail.com<mailto:randyedlynlaw at gmail.com>
This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, and is legally privileged. This email was sent by an attorney or his agent, is intended only for the addressee’s use, and may contain confidential and privileged information. If you are not the intended recipient, you are hereby notified that any retention, dissemination, reproduction or other use of the information contained in this e-mail is strictly prohibited. If you have received this email in error, please delete it and immediately notify the sender by reply email. Thank you for your cooperation.
On Nov 6, 2024, at 7:28 AM, Mark McClure <mark at mcclurelawgroup.com<mailto:mark at mcclurelawgroup.com>> wrote:
Hi Randy,
Wouldn’t only the portion due and owing within the 6 years prior to the commencement of the case be the only thing that could be sued on, not the entire balance? Is it still worth it in this case?
"[w]hen Statute of Limitations begins to run against an action to recover upon contract payable in instal[l]ments" and describes the general rule: "The general rule in such a case is similar to the general rule herewith noted in the case of contract obligations, it having been held that the Statute of Limitations begins to run from the expiration of the period fixed for the payment of each instal[l]ment as it becomes due, for the part then payable."
See Herzog v. Herzog, 23 Wn.2d 382, 388, 161 P.2d 142 (1945).
Mark C. McClure
Managing Attorney
Law Office of Mark McClure, PS
"Why Retire With Debt?"
1103 West Meeker Street, #101
Kent, WA 98032
Office: 253.631.6484
Email: Mark at McClureLawGroup.com<mailto:Mark at McClureLawGroup.com>
Notice of Unavailability: November 27, 2024 – December 01, 2024
CONFIDENTIALITY NOTICE: This email contains legal stuff. If you are not the intended recipient you could get into a lot of trouble if you read it, and even more trouble if you tell someone else about it. So, the best thing to do is ignore it and forget you ever saw it. Thank you.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Mark Anderson
Sent: Tuesday, November 5, 2024 5:08 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Deed of Trust Enforceability Issues
Thanks for weighing in, Randy. I wanted to see what was enforceable and what was not.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St Ste 209 PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=vSs1q2sbKwNS_ejX5tADoybAxenkCbm-gQWGvb6-1_8RwQa4PELZ68mZhhsVBVvc&s=2z13TP1K-ZhqjyqRl73ggh52dhectN_3NFr2fCKW17g&e=>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.
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 Randy Boyer
Sent: Tuesday, November 5, 2024 1:23 PM
To: Real Property Listserve <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Deed of Trust Enforceability Issues
Mark,
Case law holds that the SOL continues as long as payments are due. The final payment was due in 2019. So Seller has 6 years after the date that payment was due. A Judicial foreclosure should be initiated right away.
Randy M. Boyer ______
Attorney, WSBA# 8665
Law Office of Randy M. Boyer, Inc. P.S.
7017 196th St. S.W. Lynnwood, Washington 98036
• 425.712.3107| Fax 425.778.2274
mail to: randyedlynlaw at gmail.com<mailto:randyedlynlaw at gmail.com>
This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, and is legally privileged. This email was sent by an attorney or his agent, is intended only for the addressee’s use, and may contain confidential and privileged information. If you are not the intended recipient, you are hereby notified that any retention, dissemination, reproduction or other use of the information contained in this e-mail is strictly prohibited. If you have received this email in error, please delete it and immediately notify the sender by reply email. Thank you for your cooperation.
On Nov 5, 2024, at 1:08 PM, Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>> wrote:
Dear All:
I could use your help with a scenario I have not seen before.
August 2012 – Owner purchased property from Seller. Owner gave Seller a Note secured by a DOT on the property. Note was payable over 7 years.
August 2014 – Owner stopped making payments. Seller took no action to enforce the Note or DOT. (I know the six-year statute of limitation began to run at this point for enforcement of the principal obligation.)
September 2019 – Seller paid (advanced) property taxes on behalf of Owner to avoid a tax sale. Owner continued to not make payments. Seller again took no action to enforce the Note or DOT.
October 2024 – property is up again for a tax sale.
(Note: I have no idea why the Seller has never taken any action to enforce the note or DOT.)
Questions:
1. Did the September 2019 payment of taxes affect the statute of limitations for enforcing the DOT? If so, how?
2. Does the DOT still secure repayment of the additional amounts advanced under the Note, even if it (I think likely) does not secure repayment of the original amounts due and owing under the Note?
3. Independent of the Note and DOT, does the payment of property taxes on behalf of Owner give Seller any right to file a lien against the property in advance of the tax sale?
Thanks in advance for any answers or other insights you can provide.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St Ste 209 PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=vSs1q2sbKwNS_ejX5tADoybAxenkCbm-gQWGvb6-1_8RwQa4PELZ68mZhhsVBVvc&s=2z13TP1K-ZhqjyqRl73ggh52dhectN_3NFr2fCKW17g&e=>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.
***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://urldefense.proofpoint.com/v2/url?u=http-3A__mailman.fsr.com_mailman_listinfo_wsbarp&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=vSs1q2sbKwNS_ejX5tADoybAxenkCbm-gQWGvb6-1_8RwQa4PELZ68mZhhsVBVvc&s=dYvoV4Cg5O73kTfyu9AA7HoZN5FVG2dMwXZxWqIZOEA&e=>
***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://urldefense.proofpoint.com/v2/url?u=http-3A__mailman.fsr.com_mailman_listinfo_wsbarp&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=vSs1q2sbKwNS_ejX5tADoybAxenkCbm-gQWGvb6-1_8RwQa4PELZ68mZhhsVBVvc&s=dYvoV4Cg5O73kTfyu9AA7HoZN5FVG2dMwXZxWqIZOEA&e=>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20241106/2ad19b0e/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/20241106/2ad19b0e/image001.png>
More information about the WSBARP
mailing list