[WSBAPT] Removal of name from title

Tue Feb 16 09:50:43 PST 2016

Eric:

Thank you.  I am going to see if we can get Chicago Title to insure around
the girlfriend and cut this off at the pass.  If not, then this is very
good legal information for moving forward with a quiet title action.

The "listserve" already gave me some tips on service of process (I think it
was you) so my path is getting clearer.

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 Tue, Feb 16, 2016 at 8:53 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> I think you could support a cause of action for quiet title on the theory
> that someone's name on the deed is itself a "cloud on title," because that
> person owns no legal or equitable interest. I have encountered scenarios –
> typically parent and child – where the parent buys a property and puts the
> child's name on the deed for some perceived "convenience." But the child
> was not intended to have any actual ownership interest, contributed nothing
> towards purchase, and contributed nothing towards ongoing expenses as a
> tenant-in-common ordinarily would.
>
>
>
> I think the fact that the deed was originally client and builder, and
> builder quitclaimed to client and girlfriend, supports this type of
> argument, because there is no evidence of intent *by the client* to put
> the girlfriend on title. *Cf*. *Estate of Borghi*, 141 Wn. App. 294, 298,
> 169 P.3d 847 (2007); * overruled in part*, 167 Wn.2d 480, 219 P.3d 932
> (2009). Both appellate and supreme opinions discuss the rules regarding
> ownership in a marital context, and what is or is not evidence of an intent
> to gift property or create community property out of separate property.
>
>
>
> I do not think there is any theory that supports actual "abandonment" of
> real property interest. I have looked at that issue more than once, and
> have come to the conclusion that an interest in real property can only be
> lost by the affirmative actions of another, either an individual (adverse
> possession, prescriptive easement, ouster, mortgage foreclosure, etc.), or
> by the state (property tax foreclosure, eminent domain, etc.). One cannot
> merely abandon real estate and thereby leave it ownerless.
>
>
>
> 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 *Jim Doran
> *Sent:* Tuesday, February 16, 2016 8:15 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Removal of name from title
>
>
>
> Eric:
>
> This has been my underlying doubt.  I do not see the cause of action to
> support a quiet title.  Just because the girlfriend didn't put any of her
> own money into the purchase of the property or on any payments over time, I
> don't see how we can quiet title (eliminate her from title) just because
> she didn't pay.  Is something akin to abandonment sufficient?
>
> I am meeting with a title officer to see what we can do.  It turns out
> that my client bought the place in his own name originally with the Builder
> on title to secure the building of the home, and when the home was finished
> the Builder quit claim deeded the property to both my client and
> girlfriend.  I think we might get the title company to insure around the
> girlfriend because client was the original title holder.  We'll see.
>
> Any more thoughts are welcome.
>
> 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 Mon, Feb 15, 2016 at 11:12 AM, Eric Nelsen <Eric at sayrelawoffices.com>
> wrote:
>
> Jim, on your original question, I think the answer is, it works if you
> have the grounds for an actual quiet title action via some cause of
> action--adverse possession, or clearing title of the name of a nominee who
> has no actual interest, or whatever. Once you have a cause of action that
> works, then the usual service of process rules will come into play, and if
> you can satisfy the requirements to allow service by publication, then
> you're set.
>
>
>
> If she moved to England, I guess I don't know what rules come into play. I
> think you have to look at international treaty on ability to serve process
> in England. I also don't know if citizenship status will make a difference
> re service--if she is a UK citizen rather than US.
>
>
>
> 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 *Jim Doran
> *Sent:* Thursday, February 11, 2016 3:47 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Removal of name from title
>
>
>
> 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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> 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
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> 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 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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