[WSBARP] When can you demand request for reconveyance after you pay off a deed of trust?

[Josh Grant]

I have a client whose Deed of Trust was paid off over 3 months ago, and no lien removal has taken place after payment in full of note.  

I have reviewed 61.24.110.  (2) Seems to say that after reconveyance isn’t issued after the 60 days found in 61.60.030; that I as attorney can request the reconveyance by the title company (trustee).
Then sub (3)(a) says after 120 days of payment, I can record a “statement of payment” and cc beneficiary and the trustee within 2 days of recording the “statement of payment”.
Then under (3)(b) beneficiary and trustee have another 30 days to object.  If no objection recorded then the lien finally 
ceases to exist”.

So does this mean that they can wait 150 days before we can extinguish the DOT lien nonjudicially?  But what about judicially, can we threaten something sooner?

However, if this had been a mortgage: under 61.16.030:
If the mortgagee fails to acknowledge satisfaction of the mortgage as provided in RCW 61.16.020 sixty days from the date of such request or demand, the mortgagee shall forfeit and pay to the mortgagor damages and a reasonable attorneys' fee, to be recovered in any court having competent jurisdiction, and said court, when convinced that said mortgage has been fully satisfied, shall issue an order in writing, directing the auditor to immediately record the order.

So are you sending a nastygram to Lenders using DOT’s  when they haven’t cleared the title earlier, like after the 60 days?  And on what basis can you threaten to collect attorney fees except maybe for  “slander of title” ?

Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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