[WSBAPT] Removal of name from title

Jim Doran jim at doranlegal.com
Thu Feb 11 12:32:03 PST 2016


The gods of the Title Company were going to be my next stop.  thanks,

Jim

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

On Thu, Feb 11, 2016 at 12:07 PM, John McCrady <j.mccrady at pstitle.com>
wrote:

> 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
>
> www.doranlegal.com
>
>
>
> On Thu, Feb 11, 2016 at 11:17 AM, Heather deVrieze <
> 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*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
>
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
> privileged and/or confidential information.  If you have received this
> e-mail in error, please notify the sender immediately and delete all copies
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>
>
>
> *From:* 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>
> *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
>
> www.doranlegal.com
>
>
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