[WSBARP] Judicial removal of Deed of Trust

Mon Mar 31 11:52:24 PDT 2014

Bryce, I don't know if it is exactly applicable, but look at GLEPCO v.
Reinstra, 175 Wash App 545.  The general proposition is that if a deed of
trust makes a mistake as to the property that is covered, which secures
the note, then the deed of trust can be reformed pre-sale and the
Trustee's deed can be reformed post-sale, if it is indeed a mutual mistake
or scrivener's error; innocent third party purchasers will cause problems
for this but not when the creditor purchases at the trustee sale -
creditors buying at trustee's sale can't ever be innocent third party
purchasers for a variety of purposes. You can do a judicial reformation if
not agreed or an agreed reformation deed, I would imagine. 

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Monday, March 31, 2014 9:36 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Judicial removal of Deed of Trust

List Mates I have a probate and in selling a parcel it was discovered
there was a Deed of Trust encumbering the parcel that had been thought to
have been foreclosed out when another parcel in the probate was foreclosed
on. The decedent short platted the properties in question and after the
short plat was completed there was his residence on one parcel and a
unimproved lot on the other. He took out a first and second on the lot
where the residence was located and the second was to secure a line of
credit. When the deed of trust was written it included the old legal
description of the entire parcel not just the lot where the house was
located. The lender in first position foreclosed on the lot where the
house was located since that legal just had the lot described where the
house was located. We thought the second had been foreclosed out was well
and lender in second position  didn’t have a claim against the estate
since after notice they didn’t file a creditors claim. When the second
deed of trust was drafted it wasn’t the intent to have the whole parcel
described since it had been short platted but only the lot where the house
was located. What recommendations do you all have as to how to clear title
and remove the deed of trust from the unimproved lot since (a)a new legal
had been already created when the short plat was recorded and the entire
parcel didn’t exist and (b) it wasn’t intended by the parties to have the
unimproved lot as security otherwise they would have described it
separately.

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Bryce H. Dille 

Campbell, Dille, Barnett & Smith,  PLLC

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