[WSBARP] reconvey without trustee?

[Robert Ordal]

The issue does come up in another context.  Sometimes in a nonjudicial foreclosure the new Trustee records the Appointment of Successor Trustee at the same time as the Notice of Trustee's Sale.  However, that means that the NTS was signed before the AST was recorded, i.e. signed when the Trustee had no power to sign the NTS.  Arguably the NTS is defective.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Wednesday, April 13, 2016 11:14 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] reconvey without trustee?

That is interesting.  I interpreted that to mean that obviously I could not record the Full Reconveyance if I was not recorded as the Substitute Trustee.  I have never had any trouble with this with any title underwriting or the Counties but I confess I've never had it challenged on this basis either as the document first appointments me as substitute trustee, then instructs me to reconvey and then reconveys.  But I appreciate the heads up.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Robert Ordal
Sent: Wednesday, April 13, 2016 10:16 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] reconvey without trustee?

There is an issue with putting them both in one document.

RCW 61.24.010(2) says in part that "Only upon recording the appointment of a successor trustee in each county in which the deed of trust is recorded, the successor trustee shall be vested with all powers of an original trustee."  If they are both in one document, arguably the new Trustee did not have the power to sign the Full Reconveyance.  It has to be done in two steps.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Wednesday, April 13, 2016 9:30 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] reconvey without trustee?

I just wanted to add into this that I routinely put a Substitution of Trustee and Full Reconveyance in a single document.  For some reason I can't see your email address on my phone but if you email me I'll send you my form

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Andrew Lemmel
Sent: Wednesday, April 13, 2016 7:44 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] reconvey without trustee?

Hello Listmates, I have a situation where my existing clients have asked me to reconvey a piece of property that they took a deed of trust on for a family member.  Chicago Title is trustee, and they were just hoping that I could take care of it for them without CT.  is there any reason why I can't change the reconveyance form to note that the DOT holders are signing the reconveyance instead of the trustee?  Thanks for your thoughts.

Cheers,

Andrew L. Lemmel
Andrew Lemmel Attorney at Law PLLC
1900 West Nickerson Street, Suite 116-153 | Seattle, WA 98119
P: 206-283-0593 | F: 866-397-4743
andrew at lemmel-law.com<mailto:andrew at lemmel-law.com>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160413/25e4a383/attachment.html>