Kathryn Rae McKinley’s Answers

Kathryn Rae McKinley

Spokane Real Estate Attorney.

Contributor Level 7
  1. 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?

    Answered almost 3 years ago.

    1. Richard M. Stephens
    2. Kathryn Rae McKinley
    3. Knute Arthur Rife
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  2. 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?

    Answered over 2 years ago.

    1. Robert Emmett West JR
    2. Kathryn Rae McKinley
    3. Lawrence Michael Blue
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered about 2 years ago.

    1. Elizabeth Rankin Powell
    2. Kathryn Rae McKinley
    3. Robert A. Stumpf
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  4. Can I reposess a car without a court order?

    Answered over 2 years ago.

    1. Kathryn Rae McKinley
    2. Paula Brown Sinclair
    3. Bryant Keith Martin
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  5. Can a corporation be an owner of a sole-proprietorship?

    Answered about 3 years ago.

    1. Kathryn Rae McKinley
    2. John Pierce
    3. Richard Ronald Bernstein
    4. Alan James Brinkmeier
    5. Barbara I Berschler
    5 lawyer answers

    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.

    1 lawyer agreed with this answer

  6. Breaking a rental lease - never lived in house

    Answered almost 3 years ago.

    1. Elizabeth Rankin Powell
    2. Kathryn Rae McKinley
    2 lawyer answers

    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....

    1 person marked this answer as helpful

  7. Who is legally responsible for the property tax after signing a real estate contract and filing for a home owners exemption?

    Answered about 5 years ago.

    1. Kathryn Rae McKinley
    1 lawyer answer

    Generally, the responsibility for payment of real estate taxes would fall on the buyers. However, since Idaho has no statutory provisions on this issue, it would need to be spelled out in the real estate contract. Even if the buyers are responsible under the contract, their failure to pay creates a valid lien on the property in favor of the county for the back taxes. Therefore, if the seller wants to prevent a tax sale, he/she will have to pay it. Depending on the terms of the contract with the...

    1 person marked this answer as helpful

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

    Answered over 2 years ago.

    1. Robert Daniel Kelly
    2. Kathryn Rae McKinley
    2 lawyer answers

    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.

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

    Answered almost 3 years ago.

    1. Elizabeth Rankin Powell
    2. Steven Alan Fink
    3. Shawn B Alexander
    4. Kathryn Rae McKinley
    4 lawyer answers

    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.

  10. Can I get my earnest money back?

    Answered almost 3 years ago.

    1. Richard Ronald Bernstein
    2. Kathryn Rae McKinley
    3. Henry Lebensbaum
    3 lawyer answers

    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.