[WSBAPT] CHAIN OF TITLE QUESTION AND POSSIBLE REFERRAL

[Joshua McKarcher]

I would start by calling the title officer of the title company insuring the refi. They have a great big stake in seeing this all done correctly since they will be insuring title in a lender’s policy.

Whatever has happened, if these two people are alive and have capacity, it can all be fixed with the correct deed(s).

Then, after the refi is complete — namely, after the new deed of trust is recorded securing the loan, presumably granted by the couple in their individual capacities outside of trust — the clients can record a new deed into trust.

If I can help, give me a ring or email me off list. Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Laura Latta <laura at lauralatta.com>
Sent: Monday, November 15, 2021 6:41:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] CHAIN OF TITLE QUESTION AND POSSIBLE REFERRAL

An estate planning client executed a deed transferring property from themselves as husband and wife to their living trust. Two weeks later, as part of a refi, the lender has the clients execute a deed from themselves as husband and wife to themselves as joint tenants.
The purpose of the deed appears to be adding the wife's married name to the chain of title (she had not changed her name when they purchased the house originally). The issue is potentially that the QCD prepared by the lender names the husband and wife in their individual capacities rather than as trustees and totally ignores the QCD to the trust which is the last document in the chain of title.
Any thoughts on how/whether to address this? In particular, I'm trying to wrap my mind around whether this is an issue for the clients or only the lender. Or maybe a problem for the lender is a problem for the borrower. Being that this is outside my wheelhouse, I'd love to refer it out if anyone is interested.

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Laura Latta
Law Office of Laura Latta PLLC

she/her

Phone (206) 841-2344

www.LauraLatta.com<http://www.LauraLatta.com>

PO Box 82356

Kenmore, WA 98028



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