[WSBARP] Quiet Title and Due Process

Matthew R. Johnson matt at gravislaw.com
Wed Mar 2 09:37:08 PST 2016


Venue determines where to publish the summons. RCW 4.28.120. 

 

“The publication shall be made in a newspaper of general circulation in the county where the action is brought . . .” Id. 

 

Regards, 

 

Matthew R. Johnson| Attorney at Law

Gravis Law, PLLC

P.O. Box 182 | 350 E. Main St. 

Dayton, WA 99328

509-382-2030 (office)
Website <https://www.gravislaw.com/>  -  <https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a> LinkedIn

 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Wednesday, March 2, 2016 9:22 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Quiet Title and Due Process

 

I would use the situs of the real property in question. 

 

Gourley Law Group

Snohomish Escrow

The Exchange Connection

 

1002 10th Street / PO Box 1091

Snohomish, WA 98291

 

360.568.5065

360.568.8092  fax

 <mailto:Craig at glgmail.com> Craig at glgmail.com

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Wednesday, March 02, 2016 9:14 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Quiet Title and Due Process

 

There is also an International Heir Search company, that someone led me to from the listserve, that will search in England and give me an affidavit but they want $1,500 to do it.  

Where do we publish?  We know she doesn't live in Whatcom County any more and we know she went to England where her parents live and she has now disappeared.  




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> 

 

On Wed, Mar 2, 2016 at 9:00 AM, Craig Gourley <craig at glgmail.com <mailto:craig at glgmail.com> > wrote:

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 <tel:360.568.5065> 

360.568.8092 <tel:360.568.8092>   fax

 <mailto:Craig at glgmail.com> Craig at glgmail.com

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto: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 <mailto: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 <tel:%28360%29393-9506> 

jim at doranlegal.com <mailto:jim at doranlegal.com> 

www.doranlegal.com <http://www.doranlegal.com> 


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