[WSBAPT] Quiet Title Action: Defunct Lender and Service of Process

John Creahan john at cairn-law.com
Fri Jan 25 10:34:58 PST 2019


That would be my suggestion as well. Title companies have seen everything and can be very accommodating about disregarding illegal or expired liens.

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
206-578-5877
Fremont office:
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather deVrieze
Sent: Friday, January 25, 2019 10:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Quiet Title Action: Defunct Lender and Service of Process

Depending on how much time has passed, how big the lien was, I have had success in getting title companies to insure in spite of the lien.

Might be worth a call to your favorite title officer.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Candace Wilkerson
Sent: Friday, January 25, 2019 10:03 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Quiet Title Action: Defunct Lender and Service of Process

Dear Listmates:

I have a situation in which my client has an old (time-barred) lien showing up on his WA property.  He does remember the lien, but it was assigned to his ex-wife in their divorce and he thought it had been paid off (at least so I understand).  At any rate, the statute of limitations has run, and he can't refinance without the lien being removed.

The lender went out of business during the recession, although supposedly another larger financial firm acquired the lender (this avenue was a dead end).  I finally found an address, and sent a demand letter, asking to have the lien removed, just to see if we'd receive a response.  The letter has come back, apparently undeliverable.

The next step is a quiet title action, but I'm not sure what to do about service on the defunct lender.  I've researched and found nothing else but the address I had, which is incorrect.  Does anyone know if I could file the case and file my motion for service by publication: without more?  Any suggestions would be appreciated.

Thanks,
Candace Wilkerson

[cid:image005.png at 01D4B499.9C142970]
Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson  | Senior Associate  |  Wong Fleming

10675 Willows Road NE, Suite 250  |  Redmond, WA 98052
Phone: 425.869.4040  |  Fax: 425.869.4050
cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>


[cid:image007.png at 01D4B499.9C142970]
[cid:image008.jpg at 01D4B499.9C142970]
Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION IS STRICTLY PROHIBITED.





-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190125/f137e9cd/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 6220 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190125/f137e9cd/image003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 4594 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190125/f137e9cd/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 18978 bytes
Desc: image005.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190125/f137e9cd/image005.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.png
Type: image/png
Size: 151 bytes
Desc: image006.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190125/f137e9cd/image006.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 5985 bytes
Desc: image007.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190125/f137e9cd/image007.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.jpg
Type: image/jpeg
Size: 5042 bytes
Desc: image008.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190125/f137e9cd/image008.jpg>


More information about the WSBAPT mailing list