[WSBAPT] Removal of name from title

Thu Feb 11 13:20:59 PST 2016

Just as a point of clarification regarding loan modifications. Most promissory notes require a writing to modify the existing note. Thus, in order to modify the note (existing contract) all parties to the contract need to sign and agree to the modification. While theoretically a bank could agree to modify the note with one party and without the agreement of the third party, the reality is that most banks should not and will not do this. The reason for that is because modification of a contract without the signature of all of the parties to the original contract is unenforceable.

I’ve seen a few cases where banks made the mistake of not obtaining the signatures of all the parties when modifying a loan, only to have the debtor on the loan modification file a complaint asserting that the modification is unenforceable. Consequently, banks have (for the most part) refused to modify a loan without the signature of all of the original parties or until the single debtor assumes the entire debt of the original note individually.

……………………………………………………………………………………………….
Jensen Mauseth
Mauseth Legal, PLLC
jmauseth at mausethlegal.com<mailto:jmauseth at mausethlegal.com>
(p) 425.242.5111
(f)  425.242.5114

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From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Eric Nelsen <Eric at sayrelawoffices.com<mailto:Eric at sayrelawoffices.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Thursday, February 11, 2016 at 12:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Removal of name from title

Oh! Actual loan modification, not a refinance? I missed that nuance.

That's modification of a contract with the lender. I don't see why the bank couldn't just drop her as a contractually liable party, but whatever--banks do what banks do.

I still get the sense we are missing some relevant facts. If she has a valid legal or equitable interest in the underlying property, that is probably what is causing the problem. If she is not on title to the underlying property, then this sounds a lot more like the bank throwing up a roadblock on the modification, because under the federal rules they do not have to let a borrower off the contract as part of the mod.

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> [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
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 01D013C2.30F35160]
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:   [FB Logo] <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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