[WSBAPT] Removal of name from title

[John McCrady]

The fact that a person is “on the Deed of Trust” and/or “on the Promissory Note” is not proof that that person is on title.  Often a lender will want the second person to be on the note and even on the deed of trust for credit purposes.
I think your first step would be to contact a title company.  If the title search shows that she is on title, then you know that you need to find her or do a quiet title.
If the title search shows she is not on title then you have saved a lot of time and money.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Thursday, February 11, 2016 11:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Removal of name from title

Heather:  I think I missed something in your email.  The girlfriend is on the DOT and Promissory Note that has been filed with the Auditor.  That means she is on title.  This is not a refinance but a loan modification.
I think we either have to find her and get her to sign off or.......  a Quiet Title action without serving her???? That's where I am unclear.
Thanks,


James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

On Thu, Feb 11, 2016 at 11:17 AM, Heather deVrieze <heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>> wrote:
Despite your statement of that facts, that girlfriend is on Promissory Note and Deed of Trust, it sounds as though she is actually on title. If she is on title, a quiet title (or finding her) is your option. If she is, however, only on the Note and DOT, a refinance will not require her signature or any Court action.

Heather


Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D164C4.C193EDC0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500<tel:%28206%29938-5500>
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

Click here to connect with de Vrieze | Carney on Facebook:   [cid:image002.png at 01D164C4.C193EDC0] <https://www.facebook.com/DeVriezeCarney>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Jim Doran
Sent: Thursday, February 11, 2016 10:34 AM
To: Real Property Section <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Removal of name from title

My client had a girlfriend whose name was put on the Deed of Trust and Promissory Note as an individual and unmarried person in 2005.  The girlfriend never paid anything on the Note and moved to England in 2009.  My client is in the process of modifying his loan with PennyMac, Inc.  In order to complete the modification we have to have the girlfriend sign off or get her name removed from the documents by some sort of Quit Claim Deed or Court order.
The problem is that we cannot find the girlfriend.
What is the action that I bring to remove her name from the title?  Is it a quiet title action just as to her?  Is there any other way that I should consider? I presume I could get service by publication.
Any suggestions on how to do this would be very much appreciated.
Thank you.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506<tel:%28360%29393-9506>
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

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