Patrick Michael Hanis's Answers

Our son is on our mortgage deed

I'm not quite sure what you mean by mortgage deed. If the home is owned free and clear, there is not a mortgage. If you have deeded all or some part of the title to your son (usually by a Statutory Warranty Deed of Quit Claim Deed) then your son owns as much of the title as you gave him. If you have put him on title already (say 50% owner with both of you), then whether or not he gets the remaining title when you both die depends upon how you gave him title. If you've already given 100%...

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Unemployed, underwater & no money, we do not want a short sale. What options are left?

The bank likely has no obligation to allow suspension of payments. If you don't pay, the bank will likely get around to starting foreclosure proceedings. This is usually a non-judicial foreclosure (meaning courts aren't involved). If you are served with a lawsuit by the bank, then the bank has chosen to use a less common process for residential foreclosures (called judicial foreclosure). Speak to an attorney immediately when either process starts. For the more typical process (non-judicial...

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What does it mean if I sign a consent to entry of waiver of bond, order of solvency and nonintervention powers?

If you sign, you consent to your sister being the Administrator (aka personal representative) of your Father's estate. She then has authority to carry out the statutory process needed to transfer assets from your Father's estate to his heirs. Since it sounds like there is no Will, this likely means all assets go you your Mom assuming all assets are community property. If your Father kept any seperate assets, then those would likely be split between your Mom and your Father's children under...

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Can HOA collect annual street assessment charges for 8 months beyond the foreclosure?

You are responsible for charges incurred up to the date of foreclosure. After that, the bank (or whoever purchased at the foreclosure) is responsible for all charges related to the property. The HOA may have a claim to the entire amount if the full assessment was levied prior to the foreclosure, but they gave you the right to pay over time. There are probably arguments either way in that case. For $32.04, paying it to keep them from bugging you anymore may be worth the cost! You might...

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What is the City of Seattle's legal obligation to provide an operational waterline to your existing home?

On an existing home, a homeowner normally owns the water line from the water meter (which is typically owned by the utility) to their home. This is not the water main. The water main is the larger pipe that is usually 6" or more in diameter and provides water to the neighborhood and is the main transmission line. The water utility is normally responsible for the water meter and the line running from the meter to the main. Part of the rates you pay should usually include maintenance costs...

If you have an LLC and go out of business, what happens to the remainer of your building lease obligation?

Yes, the landlord can sue. The real question is who? That answer is typically the company that signed the lease. However, most landlords require "personal guarantees", people who agree to be responsible for the lease in the event the tenant doesn't live up to its obligations. It is my experience that the Landlord will sue the LLC and anyone signing the lease as a guarantor of the lease. That is often the owners of the LLC thereby possibly submitting them to personal liability. Every lease...

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