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

[Dalynne Singleton]

I had a similar issue and I recently was able to record a declaration of payment of deed of trust pursuant to RCW 61.24.110.  I had an old letter from the creditor acknowledging payment and zero balance.  Read the statute and see if you can do the same to clear title.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.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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