[WSBARP] Quiet Title and Due Process

[Rob Wilson-Hoss]

Jim, others have responded about what you have to do to find someone; that depends on the judge or the commissioner. We typically gild the lily, look on the internet, postal traces, and so on. You have something from the parents telling you she is not there, which is good. 

 

Attached is a memorandum about the interplay of the various statute and court rules that might help. 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

 

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
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

www.doranlegal.com

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