David M von Beck’s Answers

David M von Beck

Seattle Construction / Development Lawyer.

Contributor Level 10
  1. Will Bank of America pursue a deficiency in WA state?

    Answered about 4 years ago.

    1. David M von Beck
    1 lawyer answer

    In the context of a short sale and with your credit score that high, your lender very well may pursue recovery from you of the deficiency. Paying $6,000 to eliminate B of A's right as compared with $3,500 to remain exposed for a deficiency of over $50,000 seems like a reasonable step. But I highly recommend that you have a lawyer review the short sale documents and the lender's proposal to waive its right to a deficiency judgment against you.

    1 person marked this answer as helpful

  2. What are our rights when it comes to a property going up for auction, if we have a one year lease signed?

    Answered over 4 years ago.

    1. David M von Beck
    1 lawyer answer

    I'm sorry about your difficult situation. I assume that when you refer to your landlord and the property owner, you are talking about the same person. Presumably you are paying rent to someone now that the owner/landlord is deceased. Your first step should be to contact that person to see if he or she has information on a probate attorney for the owner or any successors. If you cannot reach someone, and you kept any copies of the paperwork posted on your door, a next appropriate step may...

    1 person marked this answer as helpful

  3. If I signed a quit claim during my divorce, can I be forced to sign a Satisfaction of Lien 5 years after the fact?

    Answered over 1 year ago.

    1. David M von Beck
    2. Douglas N Kiger
    2 lawyer answers

    To answer your last question first, it seems unlikely that you have a claim for compensation due to stress from this incident. You mention "other incidents" but don't specify any details, so it is impossible to say whether there has been any action by your husband that would consitute the negligent infliction of emotional distress or give rise to a similar claim. As for the satisfaction of lien, without knowing the nature or timing of the lien that your ex-husband's counsel is now seeking you...

  4. What is needed to start the process to obtain a prescriptive easement application

    Answered over 2 years ago.

    1. David M von Beck
    1 lawyer answer

    A prescriptive easement is obtained by court order, so you will likely need to file a lawsuit.

  5. My home has lost so much value that it is worth quite a bit less than what I owe. Do I have any options other than walking away?

    Answered over 2 years ago.

    1. David M von Beck
    2. Joyce Stewart Schwensen
    2 lawyer answers

    You may have other options, including a short sale, deed in lieu of foreclosure, or perhaps a renegotiation of the debt with your lender. Keep in mind that if you "walk away," you may well remain personally liable for any HOA assessments.

  6. We purchased a condominium in columbia point which was a bank repo and a month after purchasing the condo we received a notice

    Answered over 3 years ago.

    1. David M von Beck
    1 lawyer answer

    A resale certificate is required with every condominium unit sale, and any special assessments should be disclosed by the party completing that certificate. However, it is not clear from your question whether the HOA had previously provided owners with notice of the special assessment at the time of your purchase.

  7. Do I need an attorney?

    Answered over 3 years ago.

    1. Robert Daniel Kelly
    2. Irving A Sonkin
    3. David M von Beck
    3 lawyer answers

    Why is it that by the time I ever get these notification emails, several attorney have often already responded to the question? It doesn’t appear that these emails go out at the same time to everyone.

  8. My R.E. agent asked me to sign a blank document from the bank (2nd mort.)agreeing to the short sale of my condo. Is this normal

    Answered over 3 years ago.

    1. Shawn B Alexander
    2. David M von Beck
    2 lawyer answers

    I can think of no circumstance in which placing your signature on a blank document -- which can later be filled in by another party -- is a good idea.

  9. My real estate agent advised me to sign an incomplete form 17C. The basement leaks. Is she liable?

    Answered almost 4 years ago.

    1. Thuong-Tri Nguyen
    2. David M von Beck
    3. Isaac Abram Anderson
    3 lawyer answers

    Yes, there is a possibility that your agent is liable under these facts. She made representations to you, she was working on your behalf, and you relied on those representations in proceeding with the purchase. You may have a negligence claim here.

  10. Do I need a real estate lawyer? Apparently my garage was built without a permit, years before I bought it.

    Answered about 4 years ago.

    1. David M von Beck
    1 lawyer answer

    Your garage may be "grandfathered" in despite not having been built with a permit. In some counties such as Pierce County, they are now contemplating the granting of retroactive permits for such structure. But in any event, the assessor is not charged with overseeing permits or red-tagging non-permitted structures, so unless and until you receive notice from a building official, or you learn that the assessor has made a note of it on your property records, the lack of a permit for your garage...