[WSBAPT] transferring title via divorce decree

Bryce Dille BryceD at cdb-law.com
Tue Feb 7 10:18:18 PST 2017


NO

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, February 01, 2017 4:17 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] transferring title via divorce decree

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?

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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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<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


--
Rachel Edmiston,
PO Box 13738
Mill Creek, WA  98082
T: 425-945-6333<tel:(425)%20945-6333>
F: 425-272-4294<tel:(425)%20272-4294>


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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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