[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 15:32:25 PST 2014

All useful options but I'm looking for something a little more quick and
sharp versus litigation. Think scalpel not hammer.

Thank you.

Rob Rowley

On Wed, Dec 31, 2014 at 2:20 PM, Rich Holland <rich at pnwle.com> wrote:

>  I agree with that.  I mean it seems silly but do you need to file a
> quiet title action – I mean it is clearly a cloud on title -  and make a
> judge FORCE them to provide the payoff or lose the lien right?
>
>
>
> Thank you,
>
>
>
> Rich Holland
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Mark Higgins
> *Sent:* Wednesday, December 31, 2014 12:14 PM
> *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?
>
>
>
> If a creditor refuses an offer to get paid off, do they lose the right to
> collect the debt later?  Seems to me DSHS is refusing an offer to get paid.
>
>
>
> On Wed, Dec 31, 2014 at 12:06 PM, Rob Rowley <rob at rowleylegal.com> wrote:
>
>  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.
>
>
>
> <https://www.facebook.com/rowleylegal>
> <https://www.linkedin.com/pub/rob-rowley/11/172/b20>
> <https://twitter.com/ROBERTRROWLEY>
> <http://www.yelp.com/biz/robert-r-rowley-spokane>
>
>
>
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> --
>
> Mark T. Higgins
> Higgins Lock PLLC
> P.O. Box 57
> Darrington, WA 98241
> 206-491-2420
>
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-- 

*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.

 NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections.  If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the
message.  Thank you for your assistance.

DISCLAIMER: You should recognize that responses provided by e-mail means
are akin to ordinary telephone or face-to-face conversations and do not
reflect the level of factual or legal inquiry or analysis which would be
applied in the case of a formal legal opinion. A formal opinion may very
well reach a different conclusion.
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