Skip to main content
David M von Beck
Avvo
Pro

David von Beck’s Answers

59 total


  • Tree service took down the wrong trees

    I hired a tree service to remove a 2 trees on my property and prune 3 other mature trees. The service contract clearly identifies the trees to be removed, and the trees to be pruned. However, they removed all 5 trees. A consulting arboris...

    David’s Answer

    • Selected as best answer

    Assuming your arborist's evaluation of the destroyed trees is accurate, you do appear to have a valid claim for just under $10,000. To pursue the bond and liability insurance, you would typically need to file a lawsuit in Superior Court. However, sometimes we are able to work directly with the contractor's liability insurer to procure a payment for our clients in such circumstances.

    See question 
  • My husband passaway and my house burned down recently but the insurance give two option to pay off loan or to rebuild my house

    what is the best thing to do? and if my husband own 30,000 in the hospital bill now in the collection what gonna happen to my property

    David’s Answer

    Your homeowners insurance company, under a typical policy, is obligated to either pay you to rebuild the house (up to the insured dwelling value as stated on your policy's Declarations page) or pay you the "ACV" (actual cash value) of the property at the time of the loss. ACV takes depreciation into account, so it will be a lower amount than the rebuilding costs. However, you only get the rebuilding costs if you actually rebuild. The answer to your question depends on whether you have a mortgage on the property, the amount of that mortgage relative to the property value (including the value if the house is rebuilt), your available alternative living arrangements, and your other debts and income. So, I suggest you contact an attorney to help you plan a sensible strategy given your options under the policy and the medical bills you mention. Time may be of the essence, as insurance policies typically have a stated limitations period for pursuing actions against the insurer.

    See question 
  • I purchased a new home 17 years ago. The roof is now sagging. Do I have any legal recourse against the builder?

    I am a resident of the Fox Run, Phase 1, Lot 10, Housing Development. My home design is the "Kingston" design and was built in 1995. A vaulted ceiling was built in the living room/dining area by the front bay window.. The roof in this area is ...

    David’s Answer

    The applicable statute of limitations for such claims is typically six years. However, some manufacturers of roofing and other materials to provide separate, material-only warranties that extend up to 30 and even 50 years. You may want to check with the inspector, or hire a structural engineer, to get information on exactly which components have failed. This could help you determine whether there is any applicable warranty that you might rely on for a remedy. But if the problems are caused by workmanship, I think the statutory limitations period has long since expired on any claims against a builder or designer. Good luck to you.

    See question 
  • Will homeowners insurance cover a land dispute issue over an easement

    I just heard that a friend is in a dispute over an easement with their neighbor and they said that their homeowners Insurance is taking care of the bill??? Really?? since when does homeowners Insurance cover Attorney fee's for a land/easement issu...

    David’s Answer

    If there is an insurer involved, it is more likely a title insurance company.

    See question 
  • Contractor - damaged our property and need to claim and receive compensation of the damage

    We hired a painter. He was recommended by paint store rep as an experienced contractor our special project. The work was horrible with no supervision. We had to stop the work. Turns out, workers were hired just for our project. Many areas of ...

    David’s Answer

    If the contractor is now asking to pick up his tools, it sounds as if he has no intention of coming back to undertake the necessary repairs. You may be able to recover your damages from the contractor or his bond by filing a lawsuit. But it is important to look at your contract, if you have one in writing, to determine your rights and remedies before simply proceeding with filing suit.

    See question 
  • Can a person that owns two homes, walk away from one without losing the other home?

    I have two homes, two mortgages on the one and a construction loan in the process of being turned into a 30yr fixed mortgage. I can no longer afford to make payments on all three, and am wondering what will happen if I were to walk away from the ...

    David’s Answer

    Typically, the primary lender ("first mortgage") will take ownership of the home via a trustee's sale, as opposed to filing a lawsuit. If the lender does that, then it will not be entitled to pursue you for any "deficiency" judgment (amount by which your debt on that first loan exceeds the proceed from the trustee's sale). The second lender, however, will be able to pursue you for that debt (second mortgage or HELOC) via a lawsuit. Depending on how far "underwater" you are and which lenders are involved, you may be able to negotiate a loan modification, or manage your risk and reduce your obligation to the second lender via a short sale.

    See question 
  • What do you need to do to file a quit claim deed in the state of Washington?

    My ex husband was is suppose to sign a quit clain deed but he wont because he thinks i owe him money from the house. but there is no money in the house the house is under. i cant sell it until he signs and he wont take it.

    David’s Answer

    One way to accomplish this is to have a court appoint a special master to sign the deed. You would need to file suit and then get an order from the court appointing an individual (such as a lawyer) to sign the quitclaim deed in lieu of your husband.

    See question 
  • How do you know if a short sell is the right choice?

    my payment is too high and I have already refinanced. I have tried to do a loan motication and was denied by the bank.

    David’s Answer

    A short sale will require your lender's approval, and in order to obtain that, the first step will be to put your house on the market at a "full price." You have to demonstrate to the lender that the house cannot be sold at a price high enough to cover the loan. You can learn more about the difference between a short sale and foreclosure here, in this recent article I wrote on the topic: http://levy-law.com/2012/09/short-sale-vs-foreclosure-of-your-home-does-it-make-a-difference/

    See question 
  • What are the requirements to record a lien in WA state?

    If I want to record a lien (based on a mortgage) against property in WA state am I required to present any documents to validate or prove my claim? How can I find out the rules/statutes related to recording a lien in WA? Searching the RCW has no...

    David’s Answer

    Typically a mortgage is secured by a deed of trust. Liens are not authorized by law in this state to secure such a debt.

    See question 
  • Is it difficult to successfully sue a lender for damages and attorney fees for credit report errors that are not corrected?

    I sold a house in a short sale a few years ago, settling the debt in full, short of full payment. Several months later, my credit reports said that the loan was foreclosed and the property surrendered with past due aging 30-60-90-120-150-180 etc c...

    David’s Answer

    We have seen this very thing happen to some of our clients in the past, and the short answer is yes, it is possible to pursue a lender for inaccurate credit reporting. Proving your damages may be difficult (but certainly not impossible). The more important remedy, for most of our clients, is to get that inaccuracy corrected once and for all.

    See question