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

[Ronald L. Coleman]

Rob,

Might you use the title company to pay it off as part of clearing the title, and pay a fee should they require it?  If that does not work, time to go higher up the ladder at DSHS and maybe start with an atty at your local office for DSHS.

Ron Coleman

Ronald L. Coleman
Direct 253-238-5129 - rcoleman at dpearson.com
Davies Pearson, P.C.
ATTORNEYS AT LAW
920 Fawcett Avenue / PO Box 1657, Tacoma, WA 98401
253-620-1500 | Fax 253-238-5158 | www.dpearson.com<http://www.dpearson.com>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Wednesday, December 31, 2014 10:49 AM
To: WSBA RPPT
Subject: [WSBARP] DSHS Won't Provide A Payoff Of Lien In A Closing To An Attorney But Will Do So With A Title Company- Thoughts?

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?


[cid:image001.jpg at 01D024EA.86681660]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<mailto:rob at rowleylegal.com>
Web Site: www.rowleylegal.com<http://www.rowleylegal.com/>

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

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