Recent News

Mortgage Priorities After Loan Modification: Contract Language Matters!

Washington State Real Estate Law Lawyer Andrew M. McKenzie | 8/1/2022
It is common for real estate to be encumbered by more than one mortgage or deed of trust.  Contexts vary greatly, from construction loans to borrowers just wanting to pull out equity using a home equity line of credit or traditional second mortgage.  In most situations, there is little question about which lender or lienholder… Read More

What Is Title Insurance, Anyway?  Part 2- How A Title Policy Protects You (And Doesn’t)

Washington State Real Estate Law Lawyer Andrew M. McKenzie | 7/1/2022
In the first part of the blog post, I explained what goes into a title policy.  This part of the blog post discusses how a title policy does and does not protect you. Coverage Generally Title insurance policies protect their insured against actual losses resulting from “covered risks,” which generally include:  (1) Someone else owns… Read More

Reinstating an Administratively Dissolved Washington Entity

Washington State Business and Real Estate Law Lawyer Per E. Oscarsson | 6/27/2022
Corporations, limited liability companies, and certain types of partnerships, formed in the state of Washington, are required to file annual reports and pay an annual license renewal fee to the Washington Secretary of State (the “Secretary”).  Each year, the Secretary sends notice to the entity that its annual report and fees are due by a… Read More

What Is Title Insurance, Anyway?  Part 1-  What Goes Into A Title Policy

Washington State Real Estate Law Lawyer Andrew M. McKenzie | 6/8/2022
Elsewhere on our website, we have discussed the importance of reviewing title insurance policies and preliminary commitments.  While those topics are important for people involved in real estate transactions, this post is devoted to a more basic explanation of title insurance.  As explained in greater detail in this series of blog posts, title insurance generally… Read More

The Importance of Purchasing Title Insurance

Washington State Real Estate Law Lawyer Babak Shamsi | 6/6/2022
When going through the stress of purchasing a home, a title insurance policy can feel like an afterthought.  I have previously written about the importance of reviewing and fully understanding your policy of title insurance here and here, and far from a rote part of the purchase process, securing a policy of title insurance has significant implications.  Though… Read More

Does a Permissive Easement Require a Document Titled a “Deed” in Washington?

Washington State Business and Real Estate Law Lawyer Per E. Oscarsson | 5/31/2022
In Washington, one way a real estate owner can grant another real estate owner the right to use the first real owner’s real estate for a particular purpose is for the first owner to grant the second owner an easement.  Under Washington law, an easement is an interest in real estate.  It is a non-possessory… Read More

Adverse Possession Against the Government in Washington State?

Washington State Business & Real Estate Lawyer William O. Kessler | 5/24/2022
Adverse possession is a legal doctrine under which Person X can establish real estate ownership over a portion of land held in record title by Person Y through X’s consistent use (i.e. possession) of Y’s property. Here is an overview: beresfordlaw.com/adverse-possession-in-washington-state/. Adverse possession is codified under RCW 7.28 et seq. Generally, one cannot adversely possess against… Read More

Notable New Amendments to the Washington LLC Act: Part Two

Washington State Business and Real Estate Lawyer David C. Tingstad | 5/18/2022
In 2022, the Washington State Legislature adopted several significant changes recommended by the Washington State Partnership Law Committee. In a previous post, I discussed two of these significant changes: (1) a member may voluntarily withdraw from a limited liability company at any time; and (2) a transferee of all of single-member’s LLC interest is automatically… Read More