[WSBAPT] Recorded Memo of Purchase Agreement on title

[Christopher Neil]

Colleagues,
 
Here’s the rest of the story: 
 
In an insolvent probate with a very time-sensitive, arm’s-length sale pending, title came back with a recorded “Affidavit/Memorandum of Purchase and Sale Agreement” recorded 2 years ago by a King County [city redacted] real-estate LLC,  claiming an “equitable interest” in the property. They were unknown to me as PR and were not otherwise reasonably ascertainable creditors. I never saw an actual PSA, never received a claim supported by documentation, and had no notice of any legitimate work they did for the decedent. 
 
Once the memorandum showed up on title, it effectively created a cloud that slowed the sale. When I finally reached the person behind it, the conversation quickly turned into: “So, we are a creditor of the Estate!(?)” Being insolvent – the answer was easy because the mortgage and State Lien takes the whole estate.  They’ve “kindly" agreed to release their claim of interest. 

Nevertheless, the practical effect is obvious: record something that looks official, jam up a marketable title, then rely on time pressure so someone will throw money at this real-estate company to make it go away.
 
Im curious if anyone has seen these recorded “Purchase and Sale memorandums” asserting equitable interests. They can ambush an otherwise routine transaction and put pressure on PRs, families, and buyers who aren’t prepared to push back.  


Chris Neil | Attorney | Neil & Neil, P.S.
5302 Pacific Avenue, Tacoma, WA 98408 | Chris.Neil at NeilLaw.com
(253)475-8600 | f:(253)473-5746
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> On Feb 25, 2026, at 5:05 PM, Craig Gourley <craig at glgmail.com> wrote:
> 
> Yep. Typically one of those late night TV real estate "investors " . Check for consideration ( probably none) and tell them to release it.  If appropriate threaten elder abuse etc. 
> 
> Sent from my Verizon, Samsung Galaxy smartphone
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> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Christopher Neil <chris.neil at neillaw.com>
> Sent: Wednesday, February 25, 2026 6:12:49 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Recorded Memo of Purchase Agreement on title
>  
> This is a new one for me, and I’d appreciate any practical guidance.
> 
> Insolvent estate owns home.  Title Report lists a recorded “Affidavit / Memorandum of Purchase and Sale Agreement” recorded roughly two years before the decedent’s death.
> 
> Has anyone dealt with a Recorded Memo of Purchase Agreement in a probate/estate administration context?
> 
> So somebody got the elderly owners sign a purchase and sales agreement years in advance?  Sounds kinda scammy to me.
> 
> Thanks in advance for any war stories or pointers.
> 
> 
> 
> 
> Chris Neil | Attorney | Neil & Neil, P.S.
> 5302 Pacific Avenue, Tacoma, WA 98408 | Chris.Neil at NeilLaw.com
> (253)475-8600 | f:(253)473-5746
> So that you know: This email address is not continuously monitored. So, if your matter is urgent, please phone my office.
> Also, this message is not encrypted. Therefore, it may not be secure. This message and attachments are confidential and may contain privileged information. If you are not the intended recipient, please notify the sender immediately by email or 253-475-8600 and delete this message from your information system. Further use, disclosure, or copying of information in this email is not authorized, and receipt by anyone other than the named recipient is not a waiver of any attorney-client, work product, or other applicable privilege; or other confidentiality protections.  Thank you. 
> 
> 
> 
> 
> 
> 
> 
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> 
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