[WSBAPT] Old Deed of Trust On Property Transferred By Estate

[David Faber]

Working a probate with estate that owns a house. House was inherited by
decedent when decedent's sister died about 10 years back. Decedent's sister
had purchased the property on a private loan secured by deed of trust back
in 1989. Client (child of Decedent) says that his aunt (D's sister) paid
off the loan in 1994, but the deed of trust was never reconveyed. C is now
trying to sell the house but cannot as a result of the old deed of trust.
Complicating matters: the creditor died in the late 1990s and the
creditor's children cannot be found.

Any thoughts on how to proceed in as simply and efficient manner as
possible? I would think we could proceed on a quiet title against the
deceased creditor's estate, but then we'd have to publish notice and the
time for proper notice really kicks this thing out pretty far. I'm just
curious if there are solutions to this problem that I'm not seeing.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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