Most cases do not go to trial. Parties will often voluntarily negotiate a resolution or reach a compromise with the help of a professional mediator. Sometimes matters end after a judge grants a motion (request) for summary judgment. But what if a case isn’t settled or resolved and the trial date is approaching? What does [...]
State Supreme Court: State has failed to fund education
While a bit off topic in that it does not involve real estate, business or litigation, I feel compelled to comment on the Washington State Supreme Court’s decision today in McCleary v. State. In McCleary, the Supreme Court ruled that the Legislature has failed to fulfill the state’s constitutional mandate to amply fund education. McCleary [...]
Landlord’s rights and obligations regarding tenant’s personal property
In a common scenario, a defaulting tenant will leave behind personal property. What is a landlord suppose to do about this? When the tenant defaults on rent If a tenant defaults in rent and reasonably indicates the intention not to resume tenancy, the landlord may enter and take possession of any property of the tenant [...]
Statutory warranty deeds
By Joseph on December 26, 2011 in Adverse Possession, Prescriptive Easement, Statutory Warranty Deed
I don’t know how many real estate transactions involve a transfer of property by a statutory warranty deed. I suspect it must be close to 90%. How many sellers know that a statutory warranty contains warranties that they are making to the purchaser? How many sellers know that the purchaser might come back to them, [...]
Adverse possession v. Prescriptive easement
Boundary disputes arise in many ways. However, at their core, they all share a common characteristic: a legal boundary line is being ignored. Provided that the boundary line has been ignored for the requisite period of time (usually ten years), the user can acquire title to the other’s property. What they acquire might be “fee [...]
Seller financing? Consider a real estate contract
By Joseph on November 20, 2011 in Creditor's Rights, Deed of Trust, Foreclosure, Real Estate Contract, Real Estate Development
The Washington Legislature created the Deed of Trust Statute in 1967. RCW 61.24 et. seq. As a result, over the next forty years it became common practice to secure seller-financed real estate transactions with a deed of trust and promissory note. Because the Deed of Trust statute created an efficient, practical and timely method for [...]
Backyard cottages
Many Seattle area homeowners, owing more than their properties are worth, are seeking to increase the value of their property with the construction of backyard cottages. These “detached accessory dwelling units” allow homeowners an opportunity to supplement their income or create a guest cottage for visiting friends and family. The “detached accessory dwelling units” were [...]
Tree protection regulations in Seattle
Trees are valued in Seattle and legally protected in a variety of ways. Tree protection regulations are contained in the Tree Protection Ordinance, Seattle Municipal Code (SMC) 25, 11, as well as the Environmentally Critical Area Code, SMC 25.09. Much of Seattle consists of areas designated as “environmentally critical.” These areas include steep slopes, wetlands, [...]
Foreclosure Fairness Act
Last week, Washington joined two other states (Nevada and Maryland) giving homeowners facing foreclosure the right to third-party mediation. The Act is designed to give homeowners an opportunity to obtain loan modifications necessary to avoid foreclosure. Lawmakers hope that the required mediation will lead to a reduction in the amount of foreclosures as well as [...]
Citing equity, courts can take your property
The Huntingtons built their house, well and garage on Noel Proctor’s property. Instead of having the property surveyed prior to building, the Huntingtons mistakenly believed that a survey pin marked the corner of their property. It didn’t, it was actually 400 feet from the true boundary, having been placed there by a prior property owner [...]
Contact Joseph Rockne
206-297-1122 Phone
206-260-3140 Fax
Email
Blog Archives
- January 2012 (3)
- December 2011 (2)
- November 2011 (2)
- October 2011 (1)
- April 2011 (2)
- September 2010 (2)
- August 2010 (1)
- July 2010 (1)
- June 2010 (2)