David M von Beck’s Answers

David M von Beck

Seattle Construction / Development Lawyer.

Contributor Level 10
  1. Looking to work with my 1st and 2nd mortgage lenders to reduce the interest I pay on my mortgage - do I need an attorney?

    Answered about 2 years ago.

    1. David M von Beck
    2. Edgar I Hall
    2 lawyer answers

    Although you do not necessarily need an attorney, legal representation may be helpful not only for negotiating with the lenders, but for a better understanding of the possible consequences of various approaches, whether renegotiation, short sale, foreclosure, or something else.

    1 lawyer agreed with this answer

  2. If a construction contractor's bond expires in the state of Washington, am I able to win a judgement against the bond?

    Answered about 2 years ago.

    1. David M von Beck
    2. Jordan K. Foster
    2 lawyer answers

    Without addressing whether you have a valid claim against the either the bond or the contractor's liability insurance, it is the law in Washington that a valid claimant on a bond has two years from the time the debt was incurred in which to make a claim against a bond. The liability insurance policy would be an "occurrence-based" policy, so it is the timing of the event giving rise to the contractor's liability that determines which policy is relevant -- regardless if the policy has expired.

    1 lawyer agreed with this answer

  3. I am a purchaser of a home and have a question about seller's duty on an electrical inspection

    Answered about 2 years ago.

    1. Robert Emmett West JR
    2. David M von Beck
    3. Shawn B Alexander
    3 lawyer answers

    It sounds as if the seller has complied with what you requested pursuant to your inspector's findings, and that the electrician who performed those repairs made a recommendation for a desirable though not necessary upgrade. So, if you want to make that change and get rid of the Zinco panel, that probably will be at your expense.

    1 lawyer agreed with this answer

  4. My Mortgage is underwater - not behind am wondering if there's any hope of getting the principal reduced?

    Answered over 2 years ago.

    1. David M von Beck
    2. Michele K McNeill
    3. Stephen P. Orchard
    3 lawyer answers

    Yes, more and more lenders are considering principal reduction, deferment, and other concessions in lieu of taking properties back from their borrowers.

    1 lawyer agreed with this answer

  5. Should we sue our home builder?

    Answered over 3 years ago.

    1. Richard Ronald Bernstein
    2. David M von Beck
    2 lawyer answers

    This could be a breach of the implied warranty of habitability and, if you have a custom construction contract, a breach of the contract. Before hiring an expert, you should retain counsel to review your contract (whether a purchase-and-sale agreement or construction contract), to consider what claims you might have. You may also want to have your lawyer review your homeowner's insurance policy to assess whether you have a claim. It is good that you have photos, and it would be a good idea...

    1 lawyer agreed with this answer

  6. What is the likelihood that a lender will pursue the deficincy in a short sale when there is only one primary mortgage ?

    Answered about 4 years ago.

    1. David M von Beck
    2. Erica Crohn Minchella
    2 lawyer answers

    The trust deed statute in Washington has an election of remedies provision under which a deficiency judgment is not available following a non-judicial foreclosure, but where a deficiency judgment is available if the deed is foreclosed judicially (through a lawsuit). Short sales and deeds in lieu of foreclosure are technically settlements, so unless the agreement between the borrower and the lender specifically provides that the deed is being accepted by the bank in lieu of pursuit of a non-...

    1 lawyer agreed with this answer

  7. Do I need to let the property owner know I am filing A Lien aginst A Sub-contractor for none payment First before I file it ?

    Answered over 4 years ago.

    1. Scott G Wolfe JR
    2. David M von Beck
    3. Steven Alan Fink
    3 lawyer answers

    Assuming you are a material supplier and provided the necessary Notice to Owner within the timeframe required based on your delivery date, you should be OK. However, keep in mind that the lien is not filed against the subcontractor, it is filed against the property and therefore against the owner. As a courtesy and precaution, as well as a means of expediting resolution of the claim, we like to provide owners with notice of liens we are filing for our clients.

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. David M von Beck
    1 lawyer 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.

    1 person marked this answer as helpful

  9. Can anyone just record a claim of lien on someone's property and collect when the property sells if it is not contested?

    Answered about 2 years ago.

    1. John Groseclose
    2. Robert Emmett West JR
    3. Elizabeth Rankin Powell
    4. David M von Beck
    5. Michael G. Gusa
    5 lawyer answers

    No. The lien laws only allow certain professional service providers, and those who have a judgment against you, to put a lien on your property. And if the lien is not foreclosed upon within 8 months of its filing date, it is ineffective.

    1 person marked this answer as helpful

  10. Property lines dispute with neighbor, WA state

    Answered almost 4 years ago.

    1. David M von Beck
    2. Thuong-Tri Nguyen
    2 lawyer answers

    You will likely need to consider possible claims for adverse possession against your neighbor, claims for non-disclosure against your seller, and perhaps even claims against the title insurer. This does not sound like a simple matter. If your neighbor is unwilling to participate in mutual boundary line adjustments, and even if he is, you will still be well served to consult legal counsel.

    1 person marked this answer as helpful