[WSBAPT] Quiet Title re: Lack of Fulfillment Deed

[Josh Grant]

I wonder if you have good documentation that the original real estate contract was in fact paid in full, that the title company would insure the buyer (now seller)?

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Inge Fordham 
Sent: Tuesday, July 20, 2021 2:43 PM
To: WSBA Probate & Trust Listserv 
Subject: [WSBAPT] Quiet Title re: Lack of Fulfillment Deed

Colleagues:

 

I have a client who is unable to close the sale of a property due to a missing fulfillment deed on a real estate contract that was paid in full decades ago.  The “seller” included two corporations (now defunct) and a married couple (both now deceased).  I need to file a QT to clear title as to the two corporations.  As to the married couple, it’s a bit more complicated.  W passed years ago and H commenced probate proceedings and was appointed as the PR of the estate.  The subject property is not listed anywhere in the inventory but (of course) that doesn’t satisfy the title company.  Fast forward many years – H remarries and then passes away in Palm Desert, CA.  From what I can see, although a will was filed with Riverside County, there was no probate.  

 

I’m thinking I need to petition the court (here) to re-open W’s probate and commence probate proceedings for H and provide notice to his surviving spouse and children (unless I can contact them and obtain waivers).  It seems my options are: (1) to convince the ss (now in her 80’s) or one of the children to serve as the PR and execute a fulfillment deed; or (2) to hire a professional administrator to execute a fulfillment deed.  I’m trying to make this as efficient (and cost-effective) as possible for my client, who has extended closing while we sort through this mess.  Anyone have any creative ideas to shorten or simplify the process?

 

Thanks in advance!

 

 


     Inge A. Fordham | Attorney

      Fordham Law, PLLC

      3218 Sixth Avenue | Tacoma, WA 98406

      Office: (253) 348-2657 | Mobile: (206) 778-3131

      www.fordhamlegal.com 
     

 

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