[WSBAPT] transferring title via divorce decree

Rachel Edmiston rachel.edmiston at gmail.com
Wed Feb 1 16:36:09 PST 2017


I'm not sure.  Another firm asked me this question and I couldn't find any
case law on it, so thought I'd ask the listserve.

On Wed, Feb 1, 2017 at 4:16 PM, Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Did she sign the deed of trust as a “non-borrower” mortgagor?  Is it a
> judicial or non-judicial foreclosure?  What are the circumstances that she
> is on title but not on the Note?  Did ex-spouse refinance the property
> after the divorce?
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Rachel Edmiston
> *Sent:* Wednesday, February 1, 2017 3:54 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] transferring title via divorce decree
>
>
>
> She was never on the note, just the title.  Does that make a difference?
>
>
>
> On Wed, Feb 1, 2017 at 3:44 PM, Josh Grant <jgrant at accima.com> wrote:
>
> Even if a quit claim was recorded, that isn’t binding on the lender.  They
> can foreclose if they haven’t been paid.  If it is sold and there is a
> deficiency that your client had to pay, she would have to make a claim
> against the ex in the dissolution case.
>
>
>
> *From:* Rachel Edmiston <rachel.edmiston at gmail.com>
>
> *Sent:* Wednesday, February 01, 2017 3:25 PM
>
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>
> *Subject:* [WSBAPT] transferring title via divorce decree
>
>
>
> Listmates,
>
>
>
> PC is being sued for foreclosure on a house that was awarded to her
> ex-husband in their divorce.  She never filed a quit claim.  Does the award
> in the dissolution decree act as a quitclaim instead?  I vaguely remember
> seeing this argument somewhere before, but now I can’t find it.
>
>
>
> Thanks in advance,
>
>
>
> Rachel Edmiston
>
>
>
> --
>
> Rachel Edmiston,
>
> PO Box 13738
>
> Mill Creek, WA  98082
>
> T: 425-945-6333 <(425)%20945-6333>
>
> F: 425-272-4294 <(425)%20272-4294>
>
>
>
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> --
>
> Rachel Edmiston,
>
> PO Box 13738
>
> Mill Creek, WA  98082
>
> T: 425-945-6333 <(425)%20945-6333>
>
> F: 425-272-4294 <(425)%20272-4294>
>
>
>
> CONFIDENTIAL: ATTORNEY/CLIENT PRIVILEGED; ATTORNEY WORK PRODUCT The
> information contained in this email is intended for the individual or
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-- 
Rachel Edmiston,
PO Box 13738
Mill Creek, WA  98082
T: 425-945-6333
F: 425-272-4294


CONFIDENTIAL: ATTORNEY/CLIENT PRIVILEGED; ATTORNEY WORK PRODUCT The
information contained in this email is intended for the individual or
entity above. This email is protected by the Electronic Communications
Privacy Act, 18 U.S.C. Sections 2510-2521 and is legally protected by the
attorney/client privilege and/or work product doctrine. If you are not the
intended recipient, please do not read, copy, use, forward or disclose this
communication to others; also, please notify the sender by replying to this
message, and then delete this message from your system. Thank you.
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