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

[Rob Wilson-Hoss]

First option is always to talk the title company into eliminating that exception because they have no risk. If you can’t, try one or two more title companies. 

 

I appreciate Eric’s cite to 61.24.110; I have tried it, but you need proof that it was paid. It sounds like that would be hard to come by. 

 

Last resort is quiet title, expensive, time consuming, but it should be successful. 

 

Rob

 

Robert D. Wilson-Hoss

Hoss & Wilson-Hoss, LLP

236 West Birch Street

Shelton, WA 98584

360 426-2999

www.hossandwilson-hoss.com

rob at hctc.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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