[WSBAPT] Old deed of trust paid off - No reconveyance - RCW 61.24.110

Tue Jan 12 11:17:16 PST 2016

Suggest you ask the title company to reconsider and explain that you want to proceed under 7.28.300, without filing a probate of the Beneficiaries. Publication against the heirs at law, if unknown, or actual service on known heirs should be sufficient.
Recall that title vests automatically in heirs at law under 11.04.250, so no probate is necessary to vest title in the beneficiaries’ heirs.

RCW 11.04.250

When real estate vests—Rights of heirs.
When a person dies seized of lands, tenements or hereditaments, or any right thereto or entitled to any interest therein in fee or for the life of another, his or her title shall vest immediately in his or her heirs or devisees, subject to his or her debts, family allowance, expenses of administration, and any other charges for which such real estate is liable under existing laws. No administration of the estate of such decedent, and no decree of distribution or other finding or order of any court shall be necessary in any case to vest such title in the heirs or devisees, but the same shall vest in the heirs or devisees instantly upon the death of such decedent: PROVIDED, That no person shall be deemed a devisee until the will has been probated. The title and right to possession of such lands, tenements, or hereditaments so vested in such heirs or devisees, together with the rents, issues, and profits thereof, shall be good and valid against all persons claiming adversely to the claims of any such heirs, or devisees, excepting only the personal representative when appointed, and persons lawfully claiming under such personal representative; and any one or more of such heirs or devisees, or their grantees, jointly or severally, may sue for and recover their respective shares or interests in any such lands, tenements, or hereditaments and the rents, issues, and profits thereof, whether letters testamentary or of administration be granted or not, from any person except the personal representative and those lawfully claiming under such personal representative.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Tuesday, January 12, 2016 10:52 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Old deed of trust paid off - No reconveyance - RCW 61.24.110

I have one client with two old deeds of trust that were paid off years ago.  Beneficiaries are dead.  Title company will not insure around the DOT’s  even though the  statute of limitations to enforce either the notes or foreclose the deeds of trust has long past.  Unless we can find the heirs of the beneficiaries to sign off the title company wants the client to open probates for the beneficiaries.

Jeff Davis.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of julie at dimensionlaw.com
Sent: Tuesday, January 12, 2016 10:17 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Old deed of trust paid off - No reconveyance - RCW 61.24.110

I have a similar situation, please reply to the list! Thanks 

On Jan 12, 2016, at 10:06 AM, Neli Espe, J.D. - Olympic Legal <neli at olympiclegal.com> wrote:
Dear Listmates,

PC’s mortgage was paid off three decades ago. Apparently, no reconveyance was recorded. The financial institution might be out of business. PC now wants to sell property, but must deal with the cloud on title. 

Has anyone used successfully the 2013 law - RCW 61.24.110 - aimed at helping property owners in situations like these? Any pointers will be appreciated.

Best regards,

Neli

__________________________________________________________________________
Neli Espe| Olympic Legal Services, P.S. | Your Skagit Valley Business and Estate Counsel 
General Counsel * Real Property * Estate Planning * Probate
tel: 360.630.3635 | web: www.olympiclegal.com | neli at olympiclegal.com

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