[WSBAPT] Private "Mortgage" Lien Paperwork

[Mike Winslow]

Check out this link: https://dfi.wa.gov/residential-seller-financing
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
 
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather de Vrieze
Sent: Tuesday, October 27, 2020 8:46 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Private "Mortgage" Lien Paperwork
 
I do not believe that interfamily transactions like needs to worry about DFI or any more complicated regulations. There are plenty of issues (taxes, title insurance?, proper identification of the property, etc.) though, and good advice should be given and correct forms should be used. Having said that, this is a great resource for basic forms, including promissory note and deed of trust: https://www.wsba.org/for-legal-professionals/join-the-legal-profession-in-wa/limited-practice-officers/lpo-forms.
 
Heather
 
Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW
Seattle, WA 98116-3705                          
(206)938-5500 
 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 
 <http://www.westseattlelaw.com/> www.westseattlelaw.com 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Winslow
Sent: Monday, October 26, 2020 6:43 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Private "Mortgage" Lien Paperwork
 
This loan is subject to regulation by the Dept. of Financial Institutions and requires a waiver be obtained from them, last I checked. Cindy Fazio at DFI is the lead attorney on these. Seems to me there are some new rules from DFI that may create an exemption for fewer than five loans per year, but I have not read up on this or how the exemption applies. Having previously owned a loan servicing company regulated by the DFI, and having handled real estate secured private money lending for 25 years, this is not something that I would just “borrow a form” to handle the matter. (Not looking for a referral by making these comments, as I am not taking new clients). Just a word to the wise. A promissory note selected specifically for this type of loan, a deed of trust for residential collateral and a mortgagee’s title insurance policy would be the minimum documentation.
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
 
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Monday, October 26, 2020 5:06 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Private "Mortgage" Lien Paperwork
 
Greetings List - 
 
I have a client who is having some tough COVID related times.  Parents/In-Laws are in a position where they are going to pay off their mortgage and have them make payments to them. Does anyone have a form that can be used for this and then recorded as a lien?
Brent Williams-Ruth  (preferred pronoun: he/him)
Attorney-At-Law
Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC
Office/Scheduling Phone: (425) 830-5134
Direct Mobile: (206) 889-7919
e-mail <mailto:Brent at Williams-RuthLaw.com>  / website <http://www.Williams-RuthLaw.com/>  /  <http://www.facebook.com/bwrconsults> facebook / 
As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com and www.Williams-RuthLaw.com 
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