[WSBAPT] transferring title via divorce decree

[Eric Nelsen]

If she's not on the note, she has no personal liability for the debt. But if she is listed on the DOT, she ends up as a defendant in a judicial foreclosure. She probably could get dismissed by showing the Decree to the plaintiff and/or signing a stipulation to judgment.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rachel Edmiston
Sent: Wednesday, February 01, 2017 3:54 PM
To: WSBA Probate & Trust Listserv
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<mailto: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<mailto:rachel.edmiston at gmail.com>
Sent: Wednesday, February 01, 2017 3:25 PM
To: WSBA Probate & Trust Listserv<mailto: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
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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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