[WSBARP] Quiet Title and Due Process

[Craig Gourley]

Jim,  We typically have ABC do a search and they give us an affidavit.  Costs about $100.  We supplement with our own affidavit of what efforts we made.  If you have the ABC affidavit and documentation of what you have done you should be able to get an order for summons by publication.

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Wednesday, March 02, 2016 8:34 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Quiet Title and Due Process

A few weeks ago you all helped me with the title questions I had on a matter where the girlfriend whose name is "on the title" has disappeared and cannot be found to sign a Quit Claim Deed to remove herself from title so a loan modification can be completed.  She never paid anything into the property and they were never married.
I have met with two title officers and they are adamant that the girlfriend's name is "on the title".  I accept their omnipotent decision.
We are in the process of trying to contact the girlfriend again.  I have called the parents in England and left clear messages..  The bank has sent out a letter to the parent's address in England where the girlfriend is from, with the QCD, and the letter was sent back with a note scribbled on it saying that the girlfriend is gone.  Two other people have tried to find the girlfriend and cannot.  I have sent a letter that will likely come back.
Here's my question:  How much due diligence does a party have to show in order to get a Court to enter a default judgment and order removing the girlfriend's name from the title?That's what the title officers need.
Thank you in advance for your suggestions and any model affidavits if you provide such to me.
 .
James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>
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