[WSBAPT] transferring title via divorce decree

[Heather deVrieze]

If she is an owner, she must be named in the foreclosure. If no deed was recorded taking her off of the title, they are complying with the notice requirements of the law.

I will generally agree with the other folks who have already responded, if the decree properly identified the property, legal description, tax parcel number, it can work in lieu of a deed, though the foreclosing lender won’t look it up, otherwise, a deed is required.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rachel Edmiston
Sent: Wednesday, February 01, 2017 3:26 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


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Rachel Edmiston,
PO Box 13738
Mill Creek, WA  98082
T: 425-945-6333
F: 425-272-4294


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