[WSBAPT] Title issue

[Mike Winslow]

I would just add to Nestor's comment that the death cert. of brother should
be recorded in the county where property located, if not yet recorded. Agree
with his comments. Not buying that 'every title company does this'.
Also chasing heirs of brother may be burdensome, and signatures may not be
available/obtainable.  A quiet title action would be the ticket, although
this will delay disposition of the property. 
I suggest you call or email Dwight Bickel, underwriting counsel at
Ticor/Fidelity, or John McCrady, of this list. Dwight has helped me navigate
underwriting some weird stuff, when the title officers were balking at
providing coverage. Of course, John has been very helpful to our list
members.
 
 
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
 <mailto:j.mccrady at pstitle.com> j.mccrady at pstitle.com
 
Dwight Bickel
206-370-3189
Dwight.Bickel at TicorTitle.Com
 
 
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 nestor at pplsweb.com
Sent: Thursday, April 12, 2018 5:47 PM
To: 'WSBA Real Property Listserv'; wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Title issue
 
Unless there is a defect in the deed, deceased brothers heirs have no
interest in the property. I would speak another title company/underwriter in
spite of their claim that "everyone does this".
 
Even if they are concerned about a claim,  the brother has been dead over 20
years. If his heirs had an issue with title in the name of sister they would
have objected years ago.
 
Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary
 
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Claudia A Gowan
Sent: Thursday, April 12, 2018 5:25 PM
To: wsbarp at lists.wsbarppt.com; wsbapt at lists.wsbarppt.com
Subject: [WSBARP] Title issue
 
Colleagues and particularly those of you so skilled with title issues: I
have encountered a problem that I have never encountered before.
 
Title company is refusing to clear title for title insurance purposes on
property that was held as JTWROS. They are demanding that probate on 1st
deceased either be reopened or that all intestate heirs sign off on a
veritable lack of probate affidavit style series of documents that they
want.
 
Basic facts:
 
Mom died years ago. Deed from mom's PR to brother and sister as JTWROS was
recorded.  Brother died in 1995. Death certificate available. 
 
Probate opened, but of course this property did not go through probate. 
 
Good law firm so I assume that brother's death certificate was recorded or
provided, but of course, that is not available on-line.
 
Sister died in 2017. Sister's estate is selling the property. Preliminary
commitment says that property is vested in the heirs & devisees of both
(deceased) sister and brother.
 
Title company says it's a "matter of policy" that any loose (my word)
potential heirs of brother sign off for them to issue title insurance. They
won't recognize the JTWROS status - which is clearly set forth on the deed.
 
Title company tells me that every title company does this.  
 
Your thoughts?
 
Best, Claudia
 
 
 
 
 
 
Claudia A. Gowan
 
Claudia A. Gowan, PLLC
2101 Fourth Avenue, Suite 1900
Seattle, WA 98121
(206) 443-2733 (T)
(206) 448-1843 (F)
 <mailto:claudia at cagowanlaw.com> claudia at cagowanlaw.com
 
 <http://www.seattletrustsandestates.com/> www.seattletrustsandestates.com
 
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