[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 15:39:25 PST 2014

On what statute/rule does DSHS base its position?

Instead of a quiet title action (which I think is the seller’s job to file assuming the PSA has the appropriate language in it), why not file a declaratory judgment action against DSHS with a request for an order compelling it to give up the payoff amount?  When you file, deposit also the money in the court registry and ask the court to cut off the accruing interest as of the date of the first refusal by DSHS to provide a payoff.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
701 Fifth Avenue, Suite 4105
Seattle, WA  98104
Phone:  (206) 838-2528
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rich Holland
Sent: Wednesday, December 31, 2014 2:21 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?

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> [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<mailto: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. ☺

[cid:image006.jpg at 01D0250F.F35EFC50]Robert R. Rowley | Attorney at Law
505 W. Riverside Ave, Suite 500
Spokane, WA  99201
Telephone: (509) 252-5074<tel:%28509%29%20252-5074>
Mobile: (509) 994-1143<tel:%28509%29%20994-1143>
Facsimile: (509) 928-3084<tel:%28509%29%20928-3084>
Email: rob at rowleylegal.com<mailto:rob at rowleylegal.com>
Web Site: www.rowleylegal.com<http://www.rowleylegal.com/>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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<tel:253-238-5129> - rcoleman at dpearson.com<mailto:rcoleman at dpearson.com>
Davies Pearson, P.C.
ATTORNEYS AT LAW
920 Fawcett Avenue / PO Box 1657, Tacoma, WA 98401
253-620-1500<tel:253-620-1500> | Fax 253-238-5158<tel:253-238-5158> | www.dpearson.com<http://www.dpearson.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto: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:image006.jpg at 01D0250F.F35EFC50]Robert R. Rowley | Attorney at Law
505 W. Riverside Ave, Suite 500
Spokane, WA  99201
Telephone: (509) 252-5074<tel:%28509%29%20252-5074>
Mobile: (509) 994-1143<tel:%28509%29%20994-1143>
Facsimile: (509) 928-3084<tel:%28509%29%20928-3084>
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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