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

Wed Dec 31 12:06:43 PST 2014

Ronald,

I already offered to the local title company to tender the payoff funds
(and pay a fee if necessary) and have them forward it to DSHS (kind of like
a sub-escrow).  Offer was refused.

I was hoping for a shortcut from some really smart attorney on the listserv
so that I didn’t have to work the ladder at DSHS.

You’d think with the continual budget crises in Olympia that they’d be more
accommodating. J

*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

*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Ronald L. Coleman
*Sent:* Wednesday, December 31, 2014 11:11 AM
*To:* 'WSBA Real Property Listserv'
*Subject:* Re: [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,

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

*From:* wsbarp-bounces at lists.wsbarppt.com [
mailto:wsbarp-bounces at lists.wsbarppt.com <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?

*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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