100 days until trial: What is your attorney doing?

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 […]

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Seller financing? Consider a real estate contract

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 […]

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Backyard cottages in Seattle

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” or DADUs, allow homeowners an opportunity to supplement their income or create a guest cottage for visiting friends and family. The “detached accessory dwelling […]

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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, […]

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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 […]

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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 […]

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Summary judgements

Not every dispute that winds up in court goes to trial. In fact, most cases are resolved through settlement. Other cases are resolved prior to trial on summary judgment. A court can issue a summary judgment for either party on any (or all) issues. The lawyers for the parties will file briefs setting out the […]

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