[WSBARP] Q re: Unreconveyed DOTs

[Jay Goldstein]

Threaten quiet title if lender refuses to reconvey -- is one strategy:

Our client paid off mortgage long ago, bank #1 went under and successor bank #2 had no records—since mortgage paid off before bank #2 took over.

Bank #2 refused to reconvey.

We drafted quiet title action, threatened to file it, and bank reconveyed.

J

Jay A. Goldstein
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of MK Henderson
Sent: Tuesday, June 06, 2017 1:00 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Q re: Unreconveyed DOTs

Craig., In the past I have contacted the title or escrow company that filed the DOT and if that doesn't work the mortgage department of the bank has processed the reconvyance. Mary

On Tue, Jun 6, 2017 at 12:46 PM, Craig Blackmon <craig at lawofficeofcraigblackmon.com<mailto:craig at lawofficeofcraigblackmon.com>> wrote:
Listmates, I have a client with two DOTs where the underlying debt was repaid but the DOT was never reconveyed. I know RCW 61.24.110 provides a mechanism for extinguishing the lien, but I am wondering if there is any good practical advice about how to address this problem in the most efficient manner possible.

For example, a "reconveyance fee" is routinely paid at closing, it was my understanding to facilitate reconveyance in the future. Is that right and how would I trigger an obligation to obtain reconveyance?

My apologies for what is likely a question I should know the answer to - and thanks in advance for any insight you can provide. A call is fine as well.

Craig
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Mary K. Henderson
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