[WSBAPT] Removal of name from title

Thu Feb 11 15:47:17 PST 2016

This is a good track.  If the lender,PennyMac, will let my client assume
full responsibility for the Promissory Note and get all that paperwork done
first, then we would complete the loan modification without the girlfriend
needed.

It might be a good idea to do the professional search for the girlfriend in
order to show PennyMac that we did our due diligence.

Let me ask this again just so we don't forget the original question.  Can I
get a person who has disappeared off of a title through a quiet title
action with service by publication.  Just in case the above doesn't work.

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 2:22 PM, Jensen Mauseth <jmauseth at mausethlegal.com>
wrote:

> Well the “modification” and “assumption” are two different documents. The
> assumption takes over the original loan and needs to be a signed in its own
> right to be binding. Once the assumption is executed only then can the bank
> “modify” the original loan with only one of the original signatories to the
> original note.
>
> My presumption based on the information, could be wrong however, is that
> the “modification” is taking place to modify the payment terms of the loan,
> not to clarify the identification of the person actually paying the note.
>
> ……………………………………………………………………………………………….
> *Jensen Mauseth*
> *Mauseth Legal, PLLC*
> jmauseth at mausethlegal.com
> (p) 425.242.5111
> (f)  425.242.5114
>
> This e-mail contains information that may be confidential and privileged.
> Unless you are the addressee (or authorized to receive messages for the
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>
> From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <
> Eric at sayrelawoffices.com>
> Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Date: Thursday, February 11, 2016 at 1:44 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Removal of name from title
>
> Thanks Jensen--That is great information to have. It makes complete sense
> in the loan mod context...though if "assumption" is also available, it
> seems a difference of nomenclature rather than substance, in terms of
> achieving the goal of dropping the girlfriend from the loan.
>
>
>
> I think it's the bank's thinking-only-within-the-box that baffles me:  If
> the client is saying, "can't we just eliminate her from the loan?" for the
> loan mod officer to say "no, we need her signature or QCD" seems like a
> little bit of tunnel vision. A more reasonable response would be, "not as a
> modification, but you could do an assumption."
>
>
>
> 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
> <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *Jensen Mauseth
> *Sent:* Thursday, February 11, 2016 1:21 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Removal of name from title
>
>
>
> 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
>
> (p) 425.242.5111
>
> (f)  425.242.5114
>
>
>
> This e-mail contains information that may be confidential and privileged.
> Unless you are the addressee (or authorized to receive messages for the
> addressee), you may not use, copy or disclose this message, or any
> information contained herein. If you have received this message in error,
> please advise the sender by reply e-mail and delete this message.  Nothing
> in this message should be interpreted as a digital or electronic signature
> that can be used to authenticate a contract or legal document.
> Unauthorized use of this information in any manner is prohibited.
>
>
>
> *From: *<wsbapt-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <
> Eric at sayrelawoffices.com>
> *Reply-To: *WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Date: *Thursday, February 11, 2016 at 12:23 PM
> *To: *WSBA Probate & Trust Listserv <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
> <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
>
> 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
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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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