[WSBAPT] Clearing title question

[Jayne Marsh Gilbert]

 TEDRA Agreement?
    On Friday, August 5, 2022 at 01:09:26 PM PDT, Claudia A Gowan <claudia at cagowanlaw.com> wrote:  
 
  <!--#yiv2690843550 _filtered {} _filtered {} _filtered {}#yiv2690843550 #yiv2690843550 p.yiv2690843550MsoNormal, #yiv2690843550 li.yiv2690843550MsoNormal, #yiv2690843550 div.yiv2690843550MsoNormal {margin:0in;font-size:11.0pt;font-family:"Calibri", sans-serif;}#yiv2690843550 span.yiv2690843550EmailStyle17 {font-family:"Calibri", sans-serif;color:windowtext;}#yiv2690843550 .yiv2690843550MsoChpDefault {font-family:"Calibri", sans-serif;} _filtered {}#yiv2690843550 div.yiv2690843550WordSection1 {}-->
Colleagues, I need help getting clear on how best to handle the following.
 
  
 
I represent the estate of decedent Son.
 
  
 
Son’s Mother died 11 months before Son.
 
  
 
Son had borrowed money from Mother to help buy his house.
 
  
 
Son’s house will now be sold.
 
  
 
A second deed of trust for the benefit of Mother is recorded with the county. (Mother’s subordination agreement to primary lender is also recorded.)
 
  
 
Son did not pay Mother back.
 
  
 
Mother’s Florida trust/estate does not include an original note. The trust has been terminated and funds distributed.
 
  
 
No reconveyance to Son was signed or delivered.
 
  
 
I keep ruminating about: 
 
  
 
How do we handle the second deed of trust so Son’s PR can transfer clear title on sale of Son’s home when the original note is lost and there is no reconveyance of record?
 
  
 
There are no other major issues. Mother’s trust estate and Son’s probate estate had/have the same beneficiaries. Everyone is on the same page. We just need to transfer clear title. I am sure this will come up when the title company proceeds with issuing title insurance.
 
  
 
Any guidance is appreciated.
 
  
 
Many thanks, Claudia
 
  
 
Claudia A. Gowan
 
  
 
Claudia A. Gowan, PLLC
 
2212 Queen Anne Avenue No., # 338 (Mailing only)
 
Seattle, WA 98109
 
(206) 443-2733 (T)
 
claudia at cagowanlaw.com 
 
  
 
www.seattletrustsandestates.com
 
  
 
  
 ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt  
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220809/985bde2d/attachment.html>