[WSBAPT] Clearing title where there is a deed which conveyed no interest.

[Eric Nelsen]

Quiet title action against grantees to remove the bogus QCD under #3 as a
"cloud on title." I hope that QCD doesn't say "John and Estate of Wife, as
grantors, hereby grant..."  because then there is no defense and John gave
his property away. If Wife's Estate is sole grantor, then I'd say it's a
probably cloud on title and removable.

 

Of course that means closing date would probably have to be extended,
unless you can figure out a workaround with Buyer's cooperation.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Beth McDaniel
Sent: Friday, May 09, 2014 3:05 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] [SPAM] Clearing title where there is a deed which
conveyed no interest.

 

Dirt types,

 

1.        John owns separate real property and marries.  No CPA.

2.       Wife dies.  

3.       For whatever reason, Wife’s estate is probated, John is
appointed, and an interest in John’s separate property is conveyed from
wife to wife’s children.

4.       John comes to see me and is upset that lawyer advised him to do
that.  I send QCDs to wife’s children asking them to please convey the
interest they did not have back to John.  Not a single child responds.

5.       John dies.

6.       John Jr. probate’s John’s estate.  A title report is obtained
which states in part ‘The public records do not recognize wife as having
any interest in the real estate.  She was married to John, but no document
was ever recorded to create a community interest nor was a community
record found of public records . . . we reserve further opinion pending
submission of material facts.’

7.       Sale of property is pending.  Title Officer advises to execute a
PR deed and he’ll send QCDs to wife’s children asking them to convey their
interests back to John’s estate.

 

What are the other options to clear the title so that this property can
close?  Thanks!!

 

Beth A. McDaniel

Law Offices of Beth A. McDaniel, PLLC

272 Hardie Avenue SW

Renton, WA 98057

(425) 251-8880

fax:(425) 336-2505

www.bethmcdaniel.com <http://www.bethmcdaniel.com/> 

beth at bethmcdaniel.com

 

This communication contains confidential information and may be
attorney/client privileged.  If you are not the intended recipient, or
believe you have received this communication in error, please reply to the
sender stating that fact and delete the copy you received.

 

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author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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