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

Eric Nelsen Eric at sayrelawoffices.com
Wed Mar 18 11:53:24 PDT 2020


I've never done it myself, but there is a process that might apply to get a trustee to reconvey-see RCW 61.24.110<https://app.leg.wa.gov/RCW/default.aspx?cite=61.24.110>. Otherwise I agree, quiet title is the means.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Wednesday, March 18, 2020 11:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Old Deed of Trust On Property Transferred By Estate

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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