Robert D Wilson-Hoss Atty
236 W Birch St
SheltonWA98584
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Wilson-Hoss charged Shadowood HOA for unneeded service & refuses refund.:
Title: Wilson-Hoss charged Shadowood HOA for unneeded service & refuses refund.
OPINION: HOA Lawyer Robert Wilson-Hoss, Shelton, WA, WSBA #8620 claimed a bank foreclosing on one of our Shadowood lots could extinguish our HOA lien rights forever if we took a default judgment, and charged us $600 to file worthless paperwork to remove our HOA from the lawsuit. The bank was merely praying that our 2013 dues lien be adjudged inferior to their 2010 deed of trust, which it clearly was. This was NOT a real issue and there was NO NEED TO APPEAR. Wilson-Hoss claimed in his 10/14/14 letter to the Board that if we took a default judgment "... the bank would have taken a judgment extinguishing all of Shadowood's rights in the lot. Including its covenant rights. Of this I have no doubt." In my opinion this is blatantly false for the following 7 reasons:
1. The 1980 covenants predated the 2010 deed of trust and hence were superior to it.
2. Wilson-Hoss based his reasoning on the lawsuit's allegation, but the allegation simply said no such thing ("have a claim ... by virtue of Covenants ... such CLAIM ... is ... inferior ... to ... the Deed of Trust".) Moreover, Court Rule CR 23.1 says that a default judgment can only be based on the prayer for relief, not the allegations. Period. Wilson-Hoss should be embarrassed and chastised for not knowing the ultra-important CR 23.1.
3. The all-important prayer for relief in the lawsuit simply said no such thing ("That by the foreclosure and sale, the rights of each of the Defendants and persons claiming by, through or under them SUBSEQUENT to the execution of Plaintiff's Deed of Trust, be adjudged inferior ...").
4. We already had the protection we needed in our 1980 CC&R 22, which explicitly prohibits foreclosures from extinguishing lien rights ("No sale or transfer [including foreclosures] shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof"). Why did we have to pay for the same damn thing twice?!
>>Out of space. See saveshadowood.org/lawyerresponse
OPINION: HOA Lawyer Robert Wilson-Hoss, Shelton, WA, WSBA #8620 claimed a bank foreclosing on one of our Shadowood lots could extinguish our HOA lien rights forever if we took a default judgment, and charged us $600 to file worthless paperwork to remove our HOA from the lawsuit. The bank was merely praying that our 2013 dues lien be adjudged inferior to their 2010 deed of trust, which it clearly was. This was NOT a real issue and there was NO NEED TO APPEAR. Wilson-Hoss claimed in his 10/14/14 letter to the Board that if we took a default judgment "... the bank would have taken a judgment extinguishing all of Shadowood's rights in the lot. Including its covenant rights. Of this I have no doubt." In my opinion this is blatantly false for the following 7 reasons:
1. The 1980 covenants predated the 2010 deed of trust and hence were superior to it.
2. Wilson-Hoss based his reasoning on the lawsuit's allegation, but the allegation simply said no such thing ("have a claim ... by virtue of Covenants ... such CLAIM ... is ... inferior ... to ... the Deed of Trust".) Moreover, Court Rule CR 23.1 says that a default judgment can only be based on the prayer for relief, not the allegations. Period. Wilson-Hoss should be embarrassed and chastised for not knowing the ultra-important CR 23.1.
3. The all-important prayer for relief in the lawsuit simply said no such thing ("That by the foreclosure and sale, the rights of each of the Defendants and persons claiming by, through or under them SUBSEQUENT to the execution of Plaintiff's Deed of Trust, be adjudged inferior ...").
4. We already had the protection we needed in our 1980 CC&R 22, which explicitly prohibits foreclosures from extinguishing lien rights ("No sale or transfer [including foreclosures] shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof"). Why did we have to pay for the same damn thing twice?!
>>Out of space. See saveshadowood.org/lawyerresponse
