[WSBARP] DSHS Won't Provide A Payoff Of Lien In A Closing To An Attorney But Will Do So With A Title Company- Thoughts?

[Rob Rowley]

Friends,



Any thoughts on how to get an accurate payoff from DSHS on an old child
support lien.  Standard residential real estate closing.  Originally the
preliminary title commitment and file was opened up with a Spokane title
company as closer.  The parties then substituted me, as closer, at the last
minute for various reasons.  Seller has a very old child support lien for
less than $1000 reflected on the preliminary title commitment.  I kept
asking DSHS for an accurate payoff statement and no response.  Because we
had no time (foreclosure sale the next day) I went ahead and calculated an
astronomical amount of interest as a withholding to ensure it gets paid off
which I’m currently holding in my trust account.



In my email correspondence with DSHS I've come to discover that only title
companies have the authority to get payoff statements from DSHS in the
absence of a DSHS release form executed by the judgment debtor.  DSHS
provided the accurate payoff to the Spokane title company who issued the
preliminary title commitment (and has been handsomely paid for it), but
local title company *refuses *to release the DSHS payoff amount in the
absence of a release from the seller/judgment debtor. I’ve taken the issue
up as far as I can with the title company.



Assume the seller/judgment debtor is nowhere to be found to execute the
release form.



Any thoughts?





*Robert R. Rowley* | Attorney at Law

505 W. Riverside Ave, Suite 500

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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