Sarah Lorraine Small Point-Du-Jour's Answers

Need a Real Estate Litigator for Seattle Trial De Novo

Were you represented by an attorney at arbitration? Do you have a copy of your purchase and sale agreement? When is trial scheduled to occur? I would consider assisting you, but would first need to review your agreement and the basis that you successfully argued and arbitration for return of the earnest money. I would recommend you do obtain counsel to go forward so that you don't miss any court deadlines.

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I unknowingly rented a house that is in foreclosure and up for auction in 2 weeks! Am I coverd by the new foreclosure law?

If the sale is not continued, then occupants have 20 days after a trustee's sale to vacate, or an unlawful detainer (eviction) will likely be brought against you. It's difficult to predict if at the sale the bank will get the property back or if someone else will purchase it. No additional post-sale notice other than the complaint and summons for the eviction would be served on you. It's unclear if the owner signed the rental agreement or if the son-in-law had authority to do so. Depending...

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Do you have to give due notice to tenants that have no written rental agreement?

If there is no written rental agreement, then the tenancy is oral, and the term defaults to a month-to-month. If they are not equally responsible for the full rent, a notice to pay rent or vacate should be served on the non-paying tenant(s), and a 20-day notice to vacate on everyone (in case the non-paying one pays and tries to stay). However, the Landlord/Tenant laws are very procedurally technical. If the notices and eviction pleadings are not properly served or the procedure not...

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In a real estate short sale, If the lender issues a 1099 for debt forgiven does that preclude them from pursuing a deficiency?

Are you sure that the 1099 was for the second and not the first? Some seconds go unsecured and then sue on the promissory note to obtain a judgment at 12% interest that can last for 10 or as many as 20 years. The terms of your sale are unclear. If there was any written agreement with the second at the time of the sale, you should have its terms and the rest of the sale paperwork reviewed by an attorney to better understand the consequences of the sale.

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Regarding Washington State real estate short sale laws.

Short sales often negatively affect the homeowner in ways they don't realize until it's too late. More of the details of your situation and pending sale would be necessary to better evaluate your options and how the sale would affect you, versus what your situation would be if you didn't sell short and let the property go to foreclosure. You should meet with a real estate attorney right away. There are Distressed Property Laws in Washington, where some people helping or offering to help a...

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Adverse possession in Washington

What kind of deed did you get from the Seller of your property? If it was a Statutory Warranty Deed, you may have the ability to attempt to have the Seller bear the cost if the neighbor files suit and you lose any property. Do you know where the seller is located? Did the neighbor serve you with any court documents, or just the letter? Depending on all of the facts and circumstances of your case, you might negotiate several resolutions, and have various options in or outside of court. Seek...

Do you recommend I seek assistance from a realitor who specializes in short sale?

It's becoming more difficult and lengthy to get banks to approve all types of assistance, including short sales, deed-in-lieu of foreclosure and loan modifications. In a short sale, you have to be careful and determine whether you will owe the IRS because debt forgiveness is treated as ordinary income and you may not qualify for the exemption. Sometimes the bank will tell you what to list the property for and if you were too high, it will have to be reduced before they approve a sale or...

How do I sell a house when the deed isnt signed?

Who granted the power of attorney? The power of attorney might not have immediate effect and might only be effective on the disability of the principal. As attorney in fact you have fiduciary duties to the principal. If husband and wife divorced before husband died there may be other heirs with interest in the title. You should proceed carefully and have the power of attorney, purchase and sale agreement and title reviewed by an attorney before proceeding with a sale or closing.

Do I need an attorney for an adverse possesion issue, I have owned my land for 20 yrs fence in place for most of that time, neig

You might already own the land through adverse possession, but more information would be necessary to better determine that. A court may grant an injunction stopping the neighbor, but it would cost you money and a bond may have to be posted. If you do nothing, even though you may own the land to the fence, the neighbor may take the land on his side of the fence back after another 10 year period runs. You should consult with an attorney as soon as possible, at least to find out more...

My landlord is in default with bank

If the bank's trustee's sale date is after July 26, 2009, new laws take effect (RCW 61.24.060) that give the bank or new buyer at auction, the option of offering you a new rental agreement or giving a 60-day notice to vacate. If the trustee's sale date is sooner, you might only have 20 days after the sale to vacate. You might also have claims against your landlord, for example for your deposit, and should consult with an attorney. If you intend to stay, you should contact an attorney or at...