Andrea Burkhart's Answers

In Washington State, what is specifically required for a HOA to foreclose on a property non-judically?

The only nonjudicial procedures I am aware of to take title to somebody's property would require the HOA to have a deed of trust or a real estate contract for the subject property. In most circumstances, what the HOA will have is a lien for unpaid assessments. The lien is usually satisfied either when the property is sold (as buyers will require the seller to convey clear title). I am also not aware of any specific statute applicable to establishing or foreclosing HOA liens. There is a...

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Seeking damages from Contractor who worked w/o proper license on my house.

There are many attorneys who specifically handle disputes with contractors, both licensed and unlicensed. Your inquiry raises a few different issues. First, read and familiarize yourself with RCW 18.27, the whole chapter. From the situation you have described, this sounds like more of a claim against the contractor's bond than against the liability insurance. The bond is there to guarantee the performance of the contract; the liability insurance is there to prevent injury to persons or...

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Sole proprietorship and liability insurance

No, they will not. Professional liability insurance generally covers "acts and omissions," which essentially refers to errors in your work. If you work as a sole proprietor, you can be personally liable for acts and omissions to the extent that your insurance policy does not provide adequate coverage for the loss. If you do business as an LLC or PLLC, liability for actions in the course of your business is likely to be limited to the company's assets and not your own personal property....

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Does WA have a statute of limitations on collections of debt

Also note that the statute of limitations is three years if the contract is not in writing. RCW 4.16.080(3). Statutes of limitations on debt collection can get complicated because they depend on the kind of obligation you have (a one-time loan or a running account, for example), the payment history, and other factors that affect when the statute of limitations begins to run.

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I am a licensed patient for medical marijuana. Can a cop ticket me for obtaining marijuana from a non licensed person.

Although medical marijuana is legal in Washington, you might not know it from the way police and prosecutors handle it. A recent case from the Washington Supreme Court says that just because you have a valid medical certification to use marijuana medically, it doesn't prevent the police from obtaining a search warrant, entering your home or other private place, seizing your property, taking you to jail and charging you with a crime. The Washington Supreme Court believes that your remedy for...

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What are the legal ramifications for foreclosing on my home?

A foreclosure will generally disqualify you from obtaining a Fannie Mae loan for seven years. Both a foreclosure and a short sale will hammer your credit score, but you will generally become eligible for new home financing sooner if you go with a short sale. In Oregon, the lender can only continue to pursue you if they elect to foreclose through a judicial process. Generally that will only be done if the lender has reason to think you have other property it can pursue. A trustee's sale is...

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In a residential disclosure statement, is the seller responsible for knowingly denying defects after the closing date?

In Washington, "buyer beware" is the norm. Seller's disclosures cannot be sued upon unless the parties expressly agree to make them warranties in the purchase and sale agreement. The only exception is fraud, which requires you to prove that the other party knew about the defect and deliberately concealed it or lied to you about it, intending to induce you to make the deal. It's a tough case to make, and an attorney would probably need to discuss the facts at length with you before deciding...

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Short sales: what is potential for bank to pursue deficiency? anything i can do to protect myself?

Please, please make an appointment with an attorney before you close on a short sale. In Washington, a creditor has six years from the date of default to enforce a written debt. What that means is that any payment you make can restart the clock. If you cannot afford to keep your home, you may want to consider bankruptcy or allowing the bank to foreclose. An attorney can review the documents that you are being asked to sign and discuss the alternatives with you. Whether a short sale is a...

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I am wondering how to go about filing a lien in washington state.

Be aware that publicly owned property cannot be liened. Without knowing more about the kind of contract you have (i.e., what service you are providing) and how the transaction has broken down, it is impossible to advise you on the right steps to take. I strongly encourage you to consult with a collection attorney who can give you an opinion based on the specific facts of your situation. Good luck.

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WHAT IS THE TYPICAL PUNISHMENT FOR ASSAULT 4 DV FOR AN ADULT AGAINST A MINOR (16 YR OLD)?

There is no "typical" punishment - it depends entirely on the facts of the case. If the defendant has a criminal record, especially a record of other violent offenses, punishment is likely to be worse than if there are no prior convictions. The maximum sentence is 365 days in jail and a $5,000 fine; the "DV" designation will cause a loss of firearm rights and can cause problems with immigration status if the defendant is not a citizen. The victim has the right to address the court at...

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