[WSBARP] Possible Real Party in Interest Problems...

[David Faber]

I am working a case for an easement against a former married couple who
represent themselves *pro se *and they are driving me crazy, and I am now
having trouble figuring out how to move forward. I want to file a summary
judgment motion just to get this over with, but I'm struggling with whether
I have my ducks in a row...

This case has been active since 2011. The original plaintiffs' attorney,
whom I replaced a few months back, filed the case against the couple as
their marital community, though I discovered that in 2008, the former
husband quitclaimed his interest in the property to his ex wife, and that
their divorce has been finalized. Now, come to find out, the ex wife deeded
her interest in the property to a corporation at the end of 2011, but the
WA Secretary of State has no record of the corporation. From chatting with
the title company, it appears that the "corporation" is not a real company
and is, in fact, just this local guy who is somewhat notorious around
Jefferson County for doing questionable stuff with property ownership...

The knot is that the Assessor lists the owner as this fake corporation, but
the address for sending tax statements is still the address of the ex wife.
Do members of this list think I need to move to join the fake corporation
as the real party in interest? At the end of the day, I almost guarantee
that the real party in interest is still the ex wife. I don't know what
these people think they are doing! Here I am, just trying to get an
easement recorded... Any help figuring out how to move forward would be
much appreciated.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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