[WSBAPT] Cross Posting - What happens to mortgage after a Boundary Line Adjustment

[Brent Williams-Ruth]

Greetings RP and PT colleagues -

I have a client who created a family compound. The way they did it was by
buying property (Let's call Parcel X).

They then proceeded forward to do a boundary line adjustment using only a
survey company - no legal representation. Parcel X is now "inactive" and
has been replaced in county records with Parcel 1, 2, & 3.

The mortgage company was never told or advised about this.

Client wants to update Estate Plan such that Parcel 1 goes to Daughter;
Parcel 2 goes to Son; and Parcel 3 goes to charity (just to avoid
duplicative children tracking).

Client wants the mortgage balance to be apportioned to each parcel by %
value of total combined.  Parcel 1 gets 40% of mortgage because it is 40%
of the total value of the three parcels; Parch 2 gets 35% of mortgage
obligation; and Parcel 3 gets 25% of mortgage obligation.

Now for my questions:
1) Because the mortgage company was not advised and did not provide consent
to the BLA - is the client in tricky waters re: due-on-sale as a conveyance
or other negative ramifications where they could lose their very nice
"covid" interest rate? (I have requested a copy of the mortgage document
itself).
2) Assuming that the client will not be forced to refinance for violating
the T&C of the mortgage when doing the BLA.....what is the best way to
apportion the mortgage debt?

Appreciate any guidance to help steer this client toward success in
updating their estate plan.

Brent

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
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