Joner Lindberg Baker PLLC is proud to announce we’ve added a new member to our team. Jennifer Oser has joined our Battle Ground office as a legal assistant. She will work mostly with our Clark County and SW Washington clients but will occasionally work with our East King County clients as well. Jennifer brings a great deal of experience to our firm, having worked for a number or years at another small law firm in Vancouver. We’re glad your a part of our team, Jennifer!
blog
I want to get even! 04.20.2011
by Loren Joner
When is it a good idea to sue someone? Even if you have a valid claim that might justify filing a lawsuit against someone, often there are reasons not to sue. Because litigation is likely to be expensive, we always encourage our clients to assess the value of filing a lawsuit prior to initiating legal action.
If you are thinking about filing a lawsuit you should evaluate whether a lawsuit makes economic sense. You should have a clear understanding of the amount you are planning to sue for, what damages you might receive, and the expense involved in receiving those damages. At a minimum, think about these four things:
Litigation Costs: Litigation is expensive. Even the smallest cases will likely cost at least $10,000 and you are not always assured that you will be entitled to recover your attorney fees.
Potential for Recovery: Does the person you intend to sue have any assets worth pursuing? Might there be insurance coverage that could result in a recovery?
Timing: Litigation can be time consuming? Are you looking for a quick resolution to a matter or do you have months or even years to see a litigation through to the end?
Emotions: Because litigation can be costly and time consuming, it can create a great amount of tension in your life. If you don’t handle stress well, a prolonged legal battle might not be a good idea for you.
If you have specific questions about litigation, call us at either of our Battle Ground or Snoqualmie offices. We can talk you through the costs and issues and help you have a better understanding of whether litigation is something you should pursue.
Rain, rain, rain 04.14.2011
by Loren Joner
We know it hasn’t rained every day this year, but it sure seems like every time we look out our Battle Ground or Snoqualmie windows, there’s something wet falling from the sky.
Even lawyers look forward to some regular sunshine once in awhile!
Cup half full or cup half empty? 03.10.2011
by Loren Joner
There are innumerable stories in business leadership lore regarding how one’s perception can influence one’s actions. For example:
Many years ago two salesmen were sent by a British shoe manufacturer to Africa to investigate and report back on market potential.
The first salesman reported back, “There is no potential here – nobody wears shoes.”
The second salesman reported back, “There is massive potential here – nobody wears shoes.”
How do you perceive the world around you – negatively or positively?
Trust or Will: What’s the difference? 03.01.2011
by Loren Joner
While there are many complex reasons that a person might create a trust as part of their estate planning package, when our clients ask whether they should create a will or a trust, we start by asking three simple questions:
Do you own real property in more than one state? If you own property in more than one state, upon your death your estate will need to open a probate in each state where such property is located. Opening multiple probates can be costly and time-consuming. By creating a trust during your life and funding your real property into that trust, you can avoid opening multiple probates because a properly funded trust will allow your estate to be administered without any probate at all.
Do you have a blended family? If you have been married more than once or you or your spouse have children from previous relationships, you can protect the assets you’d like to go to your children by creating a trust. Unlike a will, a trust can ensure that your assets will be usable by your surviving spouse while, at the same time, protecting those assets for your children so that when your surviving spouse passes away, your children receive what you planned for them to receive.
Do you need to protect your money from beyond the grave? Often parents have reason to dictate what happens to the assets they pass to their children (or others). It’s not always a good thing to simply bequeath a large amount of assets to children who might not be mature enough to handle such assets. With a trust, the assets can be disbursed over a period of many years (sometimes decades!) so that the benefit of an inheritance can last longer than it might if it was all distributed at once.
Do you have questions about a will or a trust? If so, we can help! Attorneys in both our Battle Ground and Snoqualmie offices will talk you through the specifics of your situation to help you understand whether a will or a trust would be most beneficial for you. Call our law firm and and ask for a free estate planning consultation. When it comes to estate planning, we can turn your complex issues into simple solutions.
Foreclosure v. Short Sale – Part 3 02.14.2011
by Loren Joner
Last week we discussed how a foreclosure on your home in Clark County or King County might play out and how working with a real estate attorney can be valuable. This week we’ll briefly focus on the short sale process – a remedy that might be worthwhile to explore if your Battle Ground or Snoqualmie home is at risk.
In order for a short sale to be a reasonable solution to your financial situation you must keep three key elements in mind. First, you must have a buyer willing to purchase the home at a reasonable price. Second, your lender must be willing to negotiate and accept an amount less than the amount you owe on the home. Third, you must ensure that the lender waives any right to come after you for a deficiency on the amount owed. If you don’t have all three of these elements in place, it does not make sense to put the time and effort into trying to complete a short sale.
Generally, the first step in working a short sale is to find a buyer. Once the buyer is in place and understands that your home is offered as a short sale home, contact your lender to negotiate the short sale agreement. It is likely that the dealings with the lender will take some time and will require repeated communications on your part. Remember, you are the driving force behind the short sale, so don’t be discouraged when you are asked to put forth effort to ensure the transaction goes through. Once you have the bank and lender lined up, work with the title company to close the deal. Again, DO NOT forget to ensure that the lender can’t come after you for a deficiency once the short sale is complete.
Selling your home by short sale can be complicated and frustrating. It might be in your best interest to work with a real estate agent that is savvy to the short sale process. If you don’t know a real estate agent, we can make a referral for you. We work with several, including Kale Dunning of Dunning and Associates . Also, give us a call at either of our offices, Battle Ground or Snoqualmie. Our attorneys are experienced with the short sale process and can guide you through the details. We can turn your complex issue into a simple solution!
Foreclosure v. Short Sale – Part 2 02.09.2011
by Loren Joner
As we continue to discuss the legal aspects of foreclosure in Washington State for our clients in Clark County and King County, it is important to understand a bit about what foreclosure means financially. The financial consequences of foreclosure might not be as bad as you think. While there certainly will be a hit on your credit, it is likely that your credit has already suffered significantly if you are to the point where your home is being foreclosed upon.
RCW 61.24 – Limits on Deficiency. When your home is sold at a Trustee’s Sale, it is likely that the amount paid to purchase the home will be less than the amount you owe on the mortgage. This difference in amounts results in a deficiency. Most homeowners going through foreclosure worry about being sued for this deficiency following the Trustee’s Sale. However, under Washington law, the right of a creditor to seek a deficiency is limited to commercial loans. That means that if your loan was entered into primarily for personal, family or household purposes, the lender will be unable to pursue a deficiency against you. To repeat – unless your loan was for a commercial purpose, you will most likely not be liable for any deficiency that arises out of a foreclosure on your home.
Buying a Home After Foreclosure. Many folks worry that a foreclosure will limit their ability to buy another home in the future. This may be true. Many lenders won’t qualify buyers if those buyers have lost a home in foreclosure during the previous five to seven years. Similar rules apply for FHA and VA loans. However, with the economic changes we’ve seen during the past three years, these black and white rules might not always apply. Factors such as increased income, ability to make large down payment or significantly adjusted debt-to-income ratios might impact your ability to obtain a new loan. Check with lenders to find out more info on this issue.
As we’ve mentioned before, this blog series is not intended to give you legal advice. If you have specific questions regarding the financial consequences of foreclosure, give us a call at either of our Battle Ground or Snoqualmie law offices. We’d be happy to consult with you on whatever real estate law issues you might have.
Foreclosure v. Short Sale – Part 1 02.08.2011
by Loren Joner
While statistics show that home foreclosures across the country are in a slight decline, the actual numbers of homeowners with distressed property are still staggering. At the end of December 2010 Clark County was the third-worst ranked county in Washington for percentage of homeowners in some stage of foreclosure with just under 3,900 homes in trouble. King County had a better percentage than Clark County but still had nearly 4,100 homes in the foreclosure process. Not good numbers – especially for the families going through the foreclosure process.
What type of notice should you expect during the legal process of foreclosure? Initially, you will likely get a notice of delinquency from your lender regarding missed payments. If you do not come current with your payments, the next notice you will likely receive will be a letter notifying you that you are in default and that your loan will be accelerated (meaning you’ll owe the entire balance of the loan and not just the missed monthly payments) if you do not cure the delinquency. Finally, you will receive a notice of Trustee’s Sale designating a time at which your home will be sold in a non-judicial foreclosure process.
What can you do to save your home? First and foremost, you can pay the delinquent amounts owed to cure the default. If you don’t have the funds to cure the default, you can attempt to negotiate a loan modification or you can pursue a short sale. If your lender has initiated a non-judicial foreclosure, you’ll have up until 11 days prior to the Trustee’s Sale to work something out with your lender. If you are unable to cure your default or obtain a modification prior to that time, there is likely not much to be done to stop the sale of your home unless there are issues surrounding the notices your were legally entitled to receive prior to the Trustee’s Sale.
Tomorrow we’ll briefly discuss the financial consequences of foreclosure . . .
As always, if you have any specific questions regarding foreclosure, please give us a call at either our Battle Ground or Snoqualmie office. We are well-versed in real estate law and can likely guide you through the specifics or your legal situation.
Foreclosure v. Short Sale – Intro 02.07.2011
by Loren Joner
Every week we get calls into both our Battle Ground or Snoqualmie offices from prospective clients interested in the pros and cons of home foreclosures and short sales. As real estate lawyers and land use lawyers, we are prepared to guide folks through each of these processes.
This week, we are going to blog a short series on the issues and the law regarding home foreclosures and short sales. While this series will by no means answer every question you might have about these two options for owners who are no longer able to make their mortgage payments, our hope is to give you the basic information you might need to decide which direction might suit you best in your circumstances.
Check back in during the week to learn a little bit about Washington law and about the foreclosure or short sale process.
GO PACK GO! 02.04.2011
by Loren Joner
If you’ve been to Loren’s Battle Ground office, you’ll have noticed that he’s a big fan of the Portland Trailblazers and the Green Bay Packers. Whether its basketballs, football helmets, jerseys or photos, he likes to share his passion for all things Blazers and Packers. This weekend is extra special. The Packers are in the Super Bowl for the first time in almost 15 years, and Loren has been extra hyper this week as he looks forward to the big game on Sunday. So whether you know Loren because of contact with him through either our Snoqualmie or Battle Ground offices, know that this weekend he and his family will all be decked out in their Packers jerseys and looking forward watching as another Lombardi trophy heads back to Titletown.
Loren encourages you all to root for the Packers this Sunday. Go Packers!
