[WSBAPT] Removal of name from title

[Eric Nelsen]

I agree with Heather as usual. The problem sounds like she is on the title deed from purchase of the property. If she is only on the Note and the Deed of Trust, then there should be no problem with the refinance.

Assuming she is on the title deed, then I think there are two options. If in fact the girlfriend put down zero money at any time for the property – no participation in down payment, no payments, nothing – then perhaps the client can allege a quiet title action on the basis that her name is on the property merely as a nominee, that she has no legal or equitable interest, and title should be quieted in him.

But if the girlfriend put down any down payment, or provided any kind of consideration relating to purchase of the property, then I think she has an interest in the property and a partition action would be required, which actually would force sale rather than refinance. If that is the case, probably better to hire an investigator to try to find the girlfriend and negotiate to get a QCD.

Longest route--if she has a tenant-in-common interest, then he has been paying her share of expenses for years. He could sue for reimbursement, obtain a default judgment against her, and execute the judgment against her real property interest to take title.

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-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Thursday, February 11, 2016 11:18 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Removal of name from title

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 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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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] 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
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>
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