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Kathryn Rae McKinley

Kathryn McKinley’s Answers

12 total


  • How do I enforce my contract for deed? How do I request a different judge?

    I have been buying a house with a friend since 7/1/10 on a contract for deed. Anyway, to make a long story short the person I purchased the property from ended up having to sign this property over to her ex-husband. It is presently in the COA. M...

    Kathryn’s Answer

    Was your contract with your friend recorded? Was she the sole vested owner of the property when you entered into the contract? If you have a valid real estate installment contract that was recorded, you cannot be evicted by unlawful detainer. There are a lot of additional facts that are necessary to advise you on this matter. I hightly recommend that you seek legal counsel.

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  • I'm looking to create an LLC and transfer the title of my home to it. Do I need to play the King county excise tax in this case?

    I currently own a home with my girlfriend (both our names are on the title and mortgage). We would like to transfer ownership of the home to an LLC that is only under my name. In this case, I'm assuming I will need a Quitclaim Deed for the transfe...

    Kathryn’s Answer

    You indicate that there is a mortgage on the house. Because of that, even if you characterize your giflfriend's transfer to the LLC as a gift, you will pay excise tax on her portion of the mortgage. You should consult an attorney on this transfer. You should consult a tax accountant about deductions for expenses related to the rental.

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  • In Washington State what is the legal definition of a "Lot" when described in documents as "Lot and Dwelling."

    The city has approved a developer's plat for 100 lots for dwellings to be built upon. The developer owns the land to be divided into 100 lots. So far the developer has sold 30 lots, some with dwellings. The developer has purchased 3 lots with d...

    Kathryn’s Answer

    If the plat has been recorded and the lots created, which I assume is the case since lots have been sold, then the developer owns 70 lots for most purposes. However, you reference documents that refer to "Lot and Dwelling." Without know what those documents are, or more information about them, it is impossible to say what the developer owns for the purposes of those documents.

    You may wish to have an attorney look at those documents to give you a more complete answer.

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  • Can I reposess a car without a court order?

    Last year I loaned a friend 3500.00$ towards a purchase of a car. We created a contract that we both signed that stated "failure to make payments will result in garnishment of wages and reposession of the car; all terms, conditions and rules app...

    Kathryn’s Answer

    Repossession is a "self help" right that stems from a valid secured position. In order to be secured on a car loan, you need to be noted on the vehicle title as the "Legal Owner." If you do not have that status, then you cannott repossess the car without a court order.

    If you are on title and can repossess, you may not "breach the peace" in making the repossession. You would be wise to use an experienced repo company.

    You should consult a lawyer to fully understand your rights and obligations in this scenario.

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  • A power company is putting up a gate on the access road to our home, can they do this an restrict our access?

    I recently purchased a home, however the previous owner used the power company road to access the home for over 10 years, can they do this?

    Kathryn’s Answer

    I agree with the other answers and would add the following: If you obtained title insurance when you closed on the property, and it did not contain a lack of access exception, you should be able to tender a claim to the title insurer if you lose your access to the propety.

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  • I signed a 2 year lease over 1 year ago. It is NOT notarized.REAL BAD neigbor moved in and I NEED out. Do i get my deposit back?

    Im praying that i can get out of it because it is a 2 year-lease that is NOT notarized, and it is over 1 yr old ...WA STATE--(RCW 59.18.210) ... I am curious if that is correct? I am also curious that 'IF IT IS CORRECT', can I get my $1000 dollar...

    Kathryn’s Answer

    Because the lease is more than one year old, and you and the landlord have apparently treated it as governing your relationship, the common law doctrine of part performance may apply, taking it out of the Statute of Frauds. (The requirement that the lease be acknowledged arises under the Statute of Frauds). In other words, it may not matter that it was not acknowledged because your subsequent performance essentially validated the lease. You really need to consult a lawyer.

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  • Breaking a rental lease - never lived in house

    My college aged daughter signed a lease for a room in a house in Washington state. She was pressured by landlords (if you don't sign right now, room will be gone; all rooms are renting fast in this town, etc) She realized several days later that...

    Kathryn’s Answer

    Written leases are legally enforceable, and your daughter may be liable for rent and any other amounts provided for in the lease for the entire term, which I assume is one year. Having said that, the landlord did have a responsibility to mitigate its damages by attempting to relet the room once your daughter told the landlord that she would not be able to afford the room. Whether or not the landlord took reasonable steps to relet the room is an issue of fact based on all facts and circumstances. If the landlord advertised the room for rent, that may be sufficient. Without seeing the documents or knowing all the facts, the chances of the landlord getting a judgment can't be determined. If the landlord files an action and your daughter does not respond and defend, the landlord will be able to get a default judgment in some amount. Your daughter should seek legal counsel. There may be a volunteer lawyers program or other nonprofit association available in her area if she qualifies for legal aid.

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  • Can I get my earnest money back?

    My husband and I signed a purchase contract for a new construction house and gave them $1000 earnest money. The clause in the contract stated that they would level the land prior to closing and they also verbally told us that we would have the sa...

    Kathryn’s Answer

    You need to look at what remedies are provided in the contract for a breach by the seller. I recommend that you have an attorney look at the contract and advise you on your rights.

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  • Trying to pay less excise tax to record quit claim deed.

    In a nutshell: Bought a piece of property with brother (his share being 25%). The three of us (me-wife-brother) lived there for a while but dreams of remodel and making money died on the vine. My brother has been paid off for his interest in th...

    Kathryn’s Answer

    You should consult an attorney. The amount of excise tax may hinge on how the mortgage and underlying note is structured. The issue is, how much debt was your brother being relieved of? That amount constitutes consideration to him. The answer may not be the same as how much his interest in the property was.

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  • Can a corporation be an owner of a sole-proprietorship?

    Wanting to know if a corporation could have ownership in a sole-proprietorship. So, corporation A would own 60% of sole proprietorship B. The remainder of the ownership (40%) would be owned by sole proprietorship B. Is this legal in the US? Ho...

    Kathryn’s Answer

    The arrangement you are describing would appear to be a partnership or perhaps some sort of limited liability entity, not a sole proprietorship. In a "sole proprietorship" there is only one owner and that owner is an actual person, not an entity. You should seek assistance from an attorney as there are numerous legal ramifications arising from choice of entity, including tax implications.

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