[WSBARP] Judicial removal of Deed of Trust

[John McCrady]

Agreed, this is the solution we would be looking for.

 

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98466

253-476-5721

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Robert E. Ordal
Sent: Monday, March 31, 2014 9:45 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Judicial removal of Deed of Trust

 

Seems to me that you’ll have to file an action to reform the deed of trust
so that it says what was intended.  Of course the first step is to ask the
title company you use what it wants to be able to insure title.  I expect
it will want a judgment of reformation and thirty days to pass with no
appeal 

  

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 

P.O. Box 488 

Puyallup, WA  98371 

Voice:  253.848.3513 

Fax: 253.845.4941 

bryced at cdb-law.com 

  

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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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