Recent News

The Most Common Construction Defects That Lead To Water Damage In The Pacific Northwest

the Lawyers at Beresford Booth | 5/13/2013
As summer approaches Pacific Northwest property owners come out of hibernation, into the sun, and inevitably begin dealing with repair and maintenance on their properties including their homes and condominiums.  Now is a good time to review your property’s weatherproofing and examine any areas where you may have had any water intrusion over the past… Read More

How To Efficiently Adjust Property Lines In Washington State

the Lawyers at Beresford Booth | 4/29/2013
A friendly quiet-title lawsuit is usually the most efficient option to adjust property lines in Washington State. You and your neighbor just settled a property line dispute with a handshake.  Now you figure you must head down to City Hall to fill out a boundary line adjustment application (“BLA”).  But your most efficient route to an… Read More

Real Estate Investor Capital Gains Tax Rates Go up in 2013

the Lawyers at Beresford Booth | 3/14/2013
Effective January 1, 2013, the top capital gain tax rate has been permanently increased to 20% for married couples filing jointly with incomes exceeding $450,000 (400,000 taxable income for single filers). Investors owe capital gains taxes for taxable transfers of real property on the gain associated with the transfer. Please contact one of the real… Read More

Some Judicial Foreclosures Are Now Speedier In Washington State

BeresfordBooth | 2/22/2013
Since the Washington Supreme Court’s decision in Bain v. Metropolitan Mortgage Group, we have seen an increasing number of foreclosures-by-lawsuit (“judicial” foreclosures). The judicial foreclosure typically takes far longer to complete than the standard non-judicial foreclosure, in which a trustee goes through a notification process before selling the property without court involvement. One main drawback… Read More

Sunwest Bank Purchases Westside Community Bank

BeresfordBooth | 1/31/2013
The Washington Department of financial institutions (DFI) closed Westside Community Bank citing inadequate capital and severe loan losses effective January 11, 2013. Westside Community Bank, headquartered In University Place, Washington, had 2 locations which are now open as branches of Sunwest Bank. Beresford Booth represents a number of local and regional banks. Beresford Booth (425.776.4100), www.beresfordlaw.com… Read More

Reconveying Real Estate under a Deed of Trust in Washington State.

The Lawyers at Beresford Booth | 1/17/2013
When an obligation to pay money or perform some other obligation is secured by a deed of trust and that obligation has been satisfied, the owner of the real estate affected by the deed of trust is entitled to have the lien of the deed of trust removed from the records. Sometimes the lien is… Read More

Foreclosures-by-Lawsuit Likely to Increase Following New Supreme Court Decision

BeresfordBooth | 8/27/2012
  Residential foreclosures in Washington probably just became more difficult and expensive for lenders. In a usual foreclosure, when the borrower stops paying the mortgage, the lender directs a third-party “trustee” of the deed-of-trust (mortgage) to go through the foreclosure process.  This process rarely involves the courts.  Instead, there is a “non-judicial” process under Washington… Read More

Windfalls Ahead for Condo Associations?

BeresfordBooth | 3/20/2012
In the recent case Summerhill Vill. Homeowners Ass'n v. Roughley, the Washington Court of Appeals decided the foreclosure redemption statute does not allow a first position lender to redeem following a judicial foreclosure by a condominium association.  This means the following easily-envisioned scenario is possible: Person P buys a condo for $250,000, owns it for… Read More

Minority Interest in a Small or Closely Held Business is Worthless

BeresfordBooth | 3/1/2012
I regularly represent small business owners that share ownership interest with a small group of owners. What many of those business owners fail to recognize is that they need the cooperation of the other owners and cannot act unilaterally. When you are a minority owner in a small business you lack any authority to manage… Read More