Articles Posted in Real Estate Law

by
Ignacio Encarnacion and Norma Karla Farias were sued for unlawful detainer even though they had a valid lease and did nothing to warrant eviction. The case settled. They moved to amend the Superior Court Management Information System (SCOMIS) indices to replace their full names with their initials in order to hide the fact that they were defendants to the unlawful detainer action. Encarnacion and Farias argued that even though the unlawful detainer action was meritless, they could not obtain sufficient rental housing after prospective landlords learned that they had an unlawful detainer action filed against them. The superior court granted their motion and ordered that the indices be changed to show only their initials. The King County Superior Court Office of Judicial Administration objected and appealed the order. The Court of Appeals reversed. The Supreme Court reversed: "[a]lthough we sympathize with Encarnacion and Farias, and other renters in similar situations . . .[t]he public's interest in the open administration of justice prohibits the redaction of the indices in this case." View "Hundtofte v. Encarnacion" on Justia Law

by
Desperate to save his home from foreclosure, Lawrence Jametsky sought help securing a loan. Through a series of connections, he was introduced to mortgage broker Matthew Flynn. Flynn made Jametsky an offer for a $100,000 loan that would cover Jametsky's debts, save his house, and allow him to regain financial solvency. Instead of receiving a loan, Jametsky deeded his house to Rodney Olsen for $100,000 and entered into an 18-month lease with a buy-back option. After J ametsky realized what had happened months after the fact, he sought relief under the distressed property conveyances act (DPCA), among other things. His suit was dismissed at summary judgment. The Court of Appeals affirmed, finding that Jametsky's property was not distressed at the time of the sale because no certificate of delinquency had been issued by King County. The Supreme Court reversed and remanded: a property can be distressed under RCW 61.34.020(2)(a) before a certificate of delinquency is issued and instruct the trial court to consider a variety of factors in making this factual determination. View "Jametsky v. Olsen" on Justia Law

by
Respondent Tamara Frizzell borrowed $100,000 from petitioner Barbara Murray, secured by a deed of trust on Frizzell's home. Frizzell defaulted and a nonjudicial foreclosure sale was set. Before the sale, Frizzell sued Barbara and her husband Gregory Murray, alleging several claims, and filed a motion for an order to enjoin the sale. A judge stayed the sale, unless Frizzell made a payment of $25,000 into the court registry by the following morning. Frizzell failed to make the payment and the sale took place. The trial court then dismissed Frizzell's claims on summary judgment, stating her failure to enjoin the sale resulted in a waiver of her claims. The Court of Appeals reversed and remanded, determining it would be inequitable to conclude Frizzell waived her claims. After its review, the Supreme Court concluded that Frizzell waived her claims as to the foreclosure sale. The Court remanded her other claims to the trial court for consideration under RCW 61.24.127. View "Frizzell v. Murray" on Justia Law