Help for Homeowners Facing Foreclosure in WA State - Washington Foreclosure Fairness Act (FFA)

Have you heard about the Washington Foreclosure Fairness Act (FFA)?

If you are a homeowner facing foreclosure on your home in Washington State you may be able to benefit from the Washington Foreclosure Fairness Act or FFA.

The FFA is a Washington State specific legislative Act which provides homeowners facing foreclosure an alternative to foreclosure, short sale or mortgage modification called mortgage mediation.

Included in your "Notice of Pre-Foreclosure Options" letter from your mortgage lender is an option to request a face to face meeting with your mortgage lender or bank to discuss your mortgage foreclosure situation.

The purpose of meeting with your lender is to discuss options for mortgage modification prior to going to mediation. During this process the homeowner can request a mortgage mediation. You cannot request a mortgage mediation on your own, it has to be requested by a HUD Counselor or an attorney. When mortgage mediation is requested it puts a stop to the foreclosure process pending the outcome of the mediation.

When you receive the "Notice of Pre-Foreclosure Options" you have 30 days to respond and request mortgage mediation. If you don't respond within the 30 day window the mortgage holder can proceed and issue a "Notice of Default" which is the next step in the foreclosure process.

The third step in the foreclosure process is the "Notice of Trustee Sale" which can be issued any time 30 days after the "Notice of Default."

Once the "Notice of Trustee Sale" is issued the homeowner forfeits any right to request a mortgage mediation and the home will proceed to foreclosure.

Under the current Washinton Foreclosure Fairness Act - FFA when a mortgage mediation is requested the foreclosure process is stopped until the lender meets with you, your attorney and the mediator. The mediator is usually an attorney or retired judge but may be a mediator approved by the Department of Commerce.

At the mediation the lender will be represented by an attorney but must have a representative of the mortgage company either present or available by phone with the authority to authorize a mortgage modification or other solution. The homeowner is represented by their attorney at the mediation.

The goal of the mediation is to work out a loan modification, timeline for a short sale or other possible alternatives to foreclosure. You do not have to commit to any of the options prior to the mediation and may decide which option works best for you based on the outcome of the mediation.

The mortgage lender is required to be represented at the mediation in order to proceed with foreclosure on your home.

Ten days prior to the mediation both the homeowner and mortgage lender are required to provide certain documentation.

If you are a Washington state resident facing foreclosure on your home and you are wanting to modify your mortgage with your lender and remain in your home then mortgage mediation may be an effective solution for you.

If you have questions regarding the mortgage mediation process and whether or not it is a viable solution for you, contact Advantage Legal Group.

Advantage Legal Group provides Foreclosure Defense Services in Washington State including Mortgage Mediation, Mortgage Modification, Short Sales and Bankruptcy.

Working with an Attorney that is also a licensed real estate broker can provide unique advantages during a foreclosure mediation negotiation or negotiating a short sale with a mortgage lender.

Contact Advantage Legal Group to learn more about the Washington state Foreclosure Fairness Act (FFA) and how this law may benefit you in your mortgage mediation.

Visit: http://www.advantagelegalgroup.com/ or call 425-452-9797

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Right to Trim Overhanging Branches From a Neighboring Yard in Washington State

John faces a familiar problem for many residents of Washington, the aptly named Evergreen State. He, like many homeowners, strongly dislikes his neighbor's gigantic encroaching tree. Branches jut out and envelop John's yard in darkness. Sap and sharp twigs litter both sides of the boundary line. He asked his neighbor to trim the overhanging limbs, but the neighbor vehemently said "no." Now John wants to know whether he can take matters into his own hands and trim the intruding branches regardless of his neighbor's refusal.

Though conventional wisdom and persuasive authorities say he can; few, if any, primary legal authorities in Washington directly address the topic. The most relevant precedential legal authority in Washington appears to be Gostina v. Ryland, a ninety-year-old opinion that provides conflicting answers in its dicta. At one point, the Gostina Court states the plaintiffs "certainly" had the right to cut "the branches that overhung their premises at the line." However, elsewhere in the decision, the Court cited with approval an English case that cautioned against self-help tree trimming. A quoted portion of the English case reads: "persons should not take the law into their own hands, but follow the advice of Lord Hale, and apply to a court of justice."

Secondary legal authorities indicate courts from most of the United States favor self-help trimming of intruding branches. "The common judicial concern has been that neighbors should resolve their disputes among themselves, and that allowing judicially imposed remedies would result in clogging the courts." It thus appears, trimming of invading branches is usually lawful in U.S. jurisdictions, unless the trimming kills the tree. Recently, in Maier v. Giske, Division I of Washington's Court of Appeals recited an uncontested set of legal conclusions which were in harmony with the law from other U.S. jurisdictions. In Maier, plaintiffs "were entitled to cut back branches that overhung their property," but the trimming became timber trespass when it effectively killed the tree.

The weight of these persuasive authorities suggests self-help trimming of encroaching limbs is lawful in Washington. But there is also good reason to hesitate before trimming. Washington's law is not certain, and overzealous trimming could lead to a timber trespass suit for treble damages and attorneys' fees. That means wrongful trimming of a mature, decorate tree could lead to a judgment far exceeding ten thousand dollars.

The size of a potential adverse judgment should lead real estate attorneys in Washington State to at least think twice before recommending ladders and shears to clients. Good ol' fashion diplomacy between neighbors may still be financially preferable despite an initial impasse. And salvaging neighborly relations often proves invaluable in the long run anyhow.

Genesis Law Firm, PLLC; 2918 Colby Avenue # 211, Everett WA 98201; 425-212-1789 (local); 866-631-0028 (toll free); http://www.genesislawfirm.com/

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