Skip to main content
David M von Beck
Avvo
Pro

David von Beck’s Answers

74 total


  • Can a person that owns two homes, walk away from one without losing the other home?

    I have two homes, two mortgages on the one and a construction loan in the process of being turned into a 30yr fixed mortgage. I can no longer afford to make payments on all three, and am wondering what will happen if I were to walk away from the ...

    David’s Answer

    Typically, the primary lender ("first mortgage") will take ownership of the home via a trustee's sale, as opposed to filing a lawsuit. If the lender does that, then it will not be entitled to pursue you for any "deficiency" judgment (amount by which your debt on that first loan exceeds the proceed from the trustee's sale). The second lender, however, will be able to pursue you for that debt (second mortgage or HELOC) via a lawsuit. Depending on how far "underwater" you are and which lenders are involved, you may be able to negotiate a loan modification, or manage your risk and reduce your obligation to the second lender via a short sale.

    See question 
  • What do you need to do to file a quit claim deed in the state of Washington?

    My ex husband was is suppose to sign a quit clain deed but he wont because he thinks i owe him money from the house. but there is no money in the house the house is under. i cant sell it until he signs and he wont take it.

    David’s Answer

    One way to accomplish this is to have a court appoint a special master to sign the deed. You would need to file suit and then get an order from the court appointing an individual (such as a lawyer) to sign the quitclaim deed in lieu of your husband.

    See question 
  • How do you know if a short sell is the right choice?

    my payment is too high and I have already refinanced. I have tried to do a loan motication and was denied by the bank.

    David’s Answer

    A short sale will require your lender's approval, and in order to obtain that, the first step will be to put your house on the market at a "full price." You have to demonstrate to the lender that the house cannot be sold at a price high enough to cover the loan. You can learn more about the difference between a short sale and foreclosure here, in this recent article I wrote on the topic: http://levy-law.com/2012/09/short-sale-vs-foreclosure-of-your-home-does-it-make-a-difference/

    See question 
  • What are the requirements to record a lien in WA state?

    If I want to record a lien (based on a mortgage) against property in WA state am I required to present any documents to validate or prove my claim? How can I find out the rules/statutes related to recording a lien in WA? Searching the RCW has no...

    David’s Answer

    Typically a mortgage is secured by a deed of trust. Liens are not authorized by law in this state to secure such a debt.

    See question 
  • Is it difficult to successfully sue a lender for damages and attorney fees for credit report errors that are not corrected?

    I sold a house in a short sale a few years ago, settling the debt in full, short of full payment. Several months later, my credit reports said that the loan was foreclosed and the property surrendered with past due aging 30-60-90-120-150-180 etc c...

    David’s Answer

    We have seen this very thing happen to some of our clients in the past, and the short answer is yes, it is possible to pursue a lender for inaccurate credit reporting. Proving your damages may be difficult (but certainly not impossible). The more important remedy, for most of our clients, is to get that inaccuracy corrected once and for all.

    See question 
  • Can a builder be sued if they falsified certification documentation and did not deliver the home as specified?

    The home was advertised as having "Green" certification but the documentation was falsified. There have been additional quality issues as well.

    David’s Answer

    • Selected as best answer

    It sounds like you may be the victim of fraud or, at a minimum, negligent misrepresentation. Because it is best to pursue investigate and pursue all of your claims together, the quality issues you mention should be inspected by a qualified expert as part of pursuing your builder. Your claims may vary depending on whether you had the home custom built, or bought it as a "spec" home.

    See question 
  • Is it legal for a bank on short sale to hold up buyers for more money for home?

    Bank A accepted our offer which was 5K over asking price 4/11/12. 3 1/2 months later Bank A was bought out by Bank B. Bank B sent an appraiser out, and decided that they could demand more money out of us, and are asking for an additional 25K. D...

    David’s Answer

    I think the second bank may be bound by the first bank's decision to accept the offer.

    Dave von Beck
    Levy * von Beck & Associates, P.S.
    600 University St., Ste. 3300
    Seattle, WA 98101
    P: 206.626.5444, x210
    F: 206.382.5527
    dmvonbeck@levy-law.com

    See question 
  • I am a general contractor completing a large custom home. The owner is threatening to withhold much of the final payment.

    I still owe subcontractor's and do not have the money to pay them. I also owe my direct staff, myself and have overhead/taxes etc. to pay. If the homeowner does not pay in full can i pay for overhead first and have my subs file mechanics liens? ...

    David’s Answer

    Liens are not that expensive to file and, assuming you have complied with the statute, a lien provides a very powerful tool for recovering from owners. We frequently recover for contractors by filing a lien and then resolving the dispute with the owner before ever having to foreclose on the lien.

    See question 
  • Looking to work with my 1st and 2nd mortgage lenders to reduce the interest I pay on my mortgage - do I need an attorney?

    I’m looking to work with my 1st and 2nd mortgage lenders to reduce the interest I pay on my mortgage where I’m paying 6% and 8% interest rate. My property is deeply under water, there is no way I will be able to do a traditional refinance, I don’t...

    David’s Answer

    Although you do not necessarily need an attorney, legal representation may be helpful not only for negotiating with the lenders, but for a better understanding of the possible consequences of various approaches, whether renegotiation, short sale, foreclosure, or something else.

    See question 
  • If a construction contractor's bond expires in the state of Washington, am I able to win a judgement against the bond?

    I am a general contractor who did work for another construction contractor. The company withheld over $8k of my earnings and has been telling me he will pay me for over half a year now. He previously paid me for a lot of work that I did on other h...

    David’s Answer

    Without addressing whether you have a valid claim against the either the bond or the contractor's liability insurance, it is the law in Washington that a valid claimant on a bond has two years from the time the debt was incurred in which to make a claim against a bond. The liability insurance policy would be an "occurrence-based" policy, so it is the timing of the event giving rise to the contractor's liability that determines which policy is relevant -- regardless if the policy has expired.

    See question