[WSBARP] Clearing Title on old Deed of Trust

Chris Moore chrism at cmd-law.com
Mon Dec 5 09:27:47 PST 2016


We were preparing to close on a real estate sale from an estate when we
discovered a 30+ year old deed of trust that had not been reconveyed.  The
Beneficiaries, a husband and wife, are long since deceased.  The grantor is
deceased, thus the probate.  Chicago Title Company, the Trustee, no longer
operates in Kitsap County.



My initial thought was that RCW 61.16.030 passed in 2013 would permit a
quick reconveyance.  However, my reading of that statute shows that it
requires evidence of payment.  The DOT Note was probably paid off many
years ago, however, we have no proof that it was.  So, I then tried to
contact the heirs of the beneficiaries with no success.



Is there anything short of a quiet title action that can be done to clear
this old DOT?



Sincerely,

*Chris J. Moore*
Christopher J. Moore, JD, CPA (Inactive), AEP®, EPLS*
Creason, Moore, Dokken & Geidl, PLLC
Lawyers
1219 Idaho Street, POB 835
Lewiston, Idaho 83501-0835
Phone: 208-743-1516; Fax: 208-746-2231
Website: www.cmd-law.com

*Certified as an Estate Planning Law Specialist by the Estate Law
Specialist Board, Inc., the only estate planning certification entity
approved by both the American Bar Association and the Idaho State Bar
Association.
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