Salmon Creek Law Offices

“Subject to” sales, Real Estate Law, Vancouver, Washington

Denise Lukins, Attorney, Salmon Creek Law Offices, 360 576-5322

Lately, I have been contacted by a number of people who have been approached by companies offering to buy their distressed homes.  Often, but not always, these people are either seriously delinquent, or actually being foreclosed upon.  However, in most cases, the offer is “subject to” the existing mortgage.  In other words, instead of paying off the mortgage and other liens at closing, these items remain and the buyer “promises” to pay them.  Of course, the distressed homeowner remains the responsible party under the mortgage.  Nonetheless, because the distressed homeowner hopes to avoid a foreclosure on their record and sometimes will receive a small amount of cash, this seems like a good offer to them.  However, I have warned many people that they could vacate their home, and still have a foreclosure or judgment on their records if the company does not do as they promise.  In addition, such an arrangement usually violates the “due on sale” portion of the underlying mortgage.  In fact, these transactions are so risky that title companies handling the closing insist that the sellers get a letter from an attorney “approving” the sale.  Beware of any such offer, and remember, if it sounds too good to be true, it probably is.

How strong is your bank? Real Estate Attorney, Vancouver, Washington

Denise Lukins, Salmon Creek Law Offices, Vancouver, Washington.

The FDIC website has lots of information, including the ability to check if your bank has been subject to any enforcement action.  Specifically, you want to go to this link: http://www.fdic.gov/bank/individual/enforcement/index.html.  You can search by State or using a variety of other parameters.  In determining your bank’s health, look specifically at whether they have recently been issued any “Cease and Desist” Orders.

Help with Severance Packages

Call Salmon Creek Law Offices at 360-576-5322. Let us review your severance package for you.

Help with Guardianships in Vancouver, Washington

Call us at Salmon Creek Law Offices, 360-576-5322.  We are here to help you with both petitioning for guardianships when needed and representing you when disputes arise over guardianships. Give me a call at 360-576-5322.

Elder Law Attorney in Vancouver

Call Salmon Creek Law Offices at 360-576-5322.   There are so many legal issues that arise as we age and begin looking at long term care needs. That is what I am here to help you with.

Give me a call at Salmon Creek Law Offices 360-576-5322

real estate attorney vancouver washington

For all your Real Estate Attorney needs call Denise Lukins at Salmon Creek Law Offices @ 360.576.5322

Sexual Harassment Attorney Vancouver WA

Attorney Carol McCaulley Salmon Creek Law Offices (360) 576-5322

Sexual harassment in the workplace can arise from the words or actions of an employer or from co-workers.  Sexual harassment often goes unreported because it is degrading and demeaning and the victim is afraid of losing his or her job.  Employers have the duty of ensuring that they provide a workplace free from harassment and must educate theeir employees as to what constitutes sexual harassment.   There are very strict laws that protect the victim and provide for compensation if sexual harassment has occurred.

Trust Dispute Attorney Vancouver WA

Attorney Trent Kunz, Salmon Creek Law Offices (360) 576-5322

A trustee is required to hold and manage trust funds exclusively in the best interest of the beneficiaries.  This requirement is known in legal jargon as the trustee’s “fiduciary duty.”  If this fiduciary duty is breached, the trustee can be held personally liable for any losses to the beneficiaries.  Examples of breaches of fiduciary duty include the trustee using trust assets to pay the trustee’s personal expenses, the trustee living in a home rent free or for less than fair market value rent, the trustee selling assets to himself for less than market value, the trustee transferring trust asset into her personal account and the trustee improperly investing trust funds.

If a beneficiary is concerned that a trustee may be acting inappropriately, the beneficiary should immediately request an accounting.  The trustee is required by statute to comply.  If the accounting shows inappropriate behavior or if the trustee refuses to comply, the trustee can be removed by the court.  These cases are often between family members and can become hotly contested.

In an estate dispute, the personal representative administering probate estates inappropriately have similar responsibilities and can be likewise removed.

Will vs. Trust II Vancouver WA Attorney

Salmon Creek Law Offices (360) 576-5322  Attorney Trent Kunz

I am often asked by my estate planning clients whether a will or a trust is more appropriate for their estate plan.  My answer… it depends on several factors.  After discussing the salient factors, I leave it up to my clients to make an educated decision that is right for their life situation.

Here I am going to discuss privacy as a factor in determining whether to choose a will or a trust.  If probate is required at the death of a Testator (the prson creating a will) it is necessary to file the will with the Court.  Once filed with the Court, the will becomes public record and accessible to whoever chooses to look.  Further, if an inventory is required, anyone so inclined could see what is in the estate and who is getting it.  I am often contacted by folks who have accessed the filed will wanting to purchase estate assets “fast… for cash” always at well below fair market value.

Trusts, on the other hand, are generally private instruments.  Trusts are not filed with the court and are not public record.  I provide any institutions requiring a copy of a client’s trust only the pages absolutely required which never disclose who is getting what.  The beneficiaries are the only other folks that are privvy to the terms of the trust other than the trustors (those who created the trust), and the trustees (those managing the trust assets) often the same folks ie a husband and wife with the creation and management of their revocable living trust.

Some clients when asked whether or not privacy is important to them respond “what do I care, I’ll be dead.”  For those who are concerned with privacy in the administration of their estate, a trust might be right for them depending on the other factors